He said that there had been a lot of history whereby the two had co-operated with police and in one instance their information had resulted in a conviction for murder.
He submitted that the two, in setting up a “sting” on Mr Markham, during which he allegedly discussed criminal matters in a car, had not knowingly breached the act.
The two were not “on a frolic of their own”, he said.
The delay in taking the material to the police was partly because the initial information had not been tested. No reasonable person would have accepted that advice on its face value, he said.
They had not made a deliberate decision to “keep the police in the dark”.
Justice Fullerton observed that, although the information the two had picked up, relating to an alleged hit on a male prostitute, was taken to the police, it was taken only half an hour before the ACA program went to air.
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