An application to throw out evidence against a woman who allegedly killed hundreds of birds of prey in northern Victoria has been rejected.
But the warrant used to execute one of the searches was not filled out correctly.
Ms Sloan's defence argued 25 charges should be dropped because the warrant did not state the date the warrant would expire.Investigators found the remains of hundreds of birds at the Violet Town property.Today the Shepparton Magistrate's Court heard the prosecution had conceded that the warrant was defective, invalid and the evidence was illegally obtained.
Magistrate Marita Altman had to determine whether the public interest of the evidence being admitted outweighed the illegality of the way it was obtained. Magistrate Altman said there was also public interest in not giving "encouragement to obtaining evidence illegally". Ms Sloan's defence contended that the use of a warrant was designed to protect the interests and rights of a person who was subject to a search, the court heard.She said she was satisfied the probity value of the evidence was high.Magistrate Altman said she "strongly favoured" admitting the evidence due to its importance to the serious charges Ms Sloan faced.
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