Preston-Stanley, who has not been convicted, reportedly discovered the video while browsing through the victim's phone, making a copy of what the CT characterises as "explicit material", which he later showed to another officer. During a subsequent visit to the victim's house that colleague realised that the victim was the woman in the video video. The colleague reported Preston-Stanley.
The CT states that Preston-Stanley was charged with making a record of prescribed information, a crime under secrecy provisions of the Australian Federal Police Act.
The case came before the ACT Magistrates Court on Tuesday, where Commonwealth prosecutors described Preston-Stanley's actions as a breach of his duty, an abuse of his position, and an abuse of the victim's trust in police.
The prosecution said the victim's privacy had been violated in a "very serious manner", and the circumstances of the video were humiliating and embarrassing when seen by someone who did not have her permission.
The court heard there were only a handful of similar cases involving officers making records of prescribed information in the past, and the prosecution asked for more time to obtain a pre-sentence report on Preston-Stanley.Section 60A of the Australian Federal Police Act 1979 (Cth) provides that
(2) A person to whom this section applies must not, directly or indirectly:
(a) make a record of any prescribed information ; or
(b) divulge or communicate any prescribed information to any other person; except for:
(c) the purposes of this Act or the regulations; or
(d) the purposes of the Law Enforcement Integrity Commissioner Act 2006 or regulations under that Act; or
(e) the purposes of the Witness Protection Act 1994 or regulations under that Act; or (ea) the purposes of the Parliamentary Joint Committee on Law Enforcement Act 2010 or regulations under that Act; or
(f) the carrying out, performance or exercise of any of the person's duties, functions or powers under Acts or regulations mentioned in paragraphs (c), (d), (e) and (ea).
In that section "personal information" has the same meaning as in the Privacy Act 1988 (Cth) and "prescribed information" meansPenalty: Imprisonment for 2 years.
information obtained by a person to whom this section applies:
(a) in the course of carrying out, performing or exercising any of the person's duties, functions or powers under: (i) this Act or the regulations; or (ii) the Law Enforcement Integrity Commissioner Act 2006 or regulations under that Act; or (iii) the Witness Protection Act 1994 or regulations under that Act; or
(b) otherwise in the course of the person's service, employment or engagement under Acts or regulations mentioned in paragraph (a).