The criminal case against Canberra Raiders star Josh Papalii has been permanently stayed after the ACT Magistrates Court found that police destroyed unknown evidence through an encrypted group chat.
Papalii was charged with intimidating police and refusing to leave the Gungahlin Raiders Club in September last year. His lawyers discovered a reference to a Signal group chat among 12 officers, including the alleged victim and investigators, which was set to auto-delete messages.
Chief Magistrate Lorraine Walker said the use of Signal appeared unexceptional but reflected a 'cavalier approach' by police. She noted that in other jurisdictions, the use of disappeared messages by law enforcement is banned.
Papalii's lawyers argued that potentially relevant evidence had been destroyed, preventing a fair hearing. The prosecution countered that the incident was captured on CCTV, making the chat material unnecessary.
Chief Magistrate Walker ruled that while the defence could not establish practical unfairness, proceeding with the case would be an 'irremediable affront to the process' given the destruction of unknown evidence. Costs were awarded in Papalii's favour.
