Court: "Search and Seizure of Former Channel A Reporter in 'Suspicion of Collusion Between Prosecutors and Media' Illegal, Must Be Canceled"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] A court has ruled that the prosecution's seizure and search of former Channel A reporter Lee Dong-jae's mobile phones and laptop, who is under investigation for the alleged 'collusion between prosecutors and media,' was illegal and must be canceled.

On the 26th, according to the legal community, Judge Kim Chan-nyeon of the Seoul Central District Court Criminal Division 31 partially accepted the quasi-appeal filed by former reporter Lee and decided, "The Seoul Central District Prosecutors' Office's disposition to seize and search two mobile phones and one laptop of former reporter Lee is canceled."

Judge Kim stated, "The prosecution did not present the warrant to the quasi-appellant (former reporter Lee) and his lawyer from the beginning to the end of the disposition related to the warrant," adding, "The prosecution's disposition is no different in substance from a case where the suspect demanded the presentation of the warrant, but the investigative agency did not present it and seized the items."

A quasi-appeal is a procedure to appeal to the court against the disposition of a judge, prosecutor, or judicial police officer.

Earlier, the Criminal Division 1 of the Seoul Central District Prosecutors' Office (Chief Prosecutor Jeong Jin-ung) conducted a search and seizure of Lee's residence and Channel A headquarters in April. The search and seizure of Channel A itself could not be conducted due to opposition from the affiliated reporters.

During this process, the prosecution confirmed with former reporter Lee whether he would participate in the search and seizure of Channel A, but Lee expressed his intention not to observe, fearing exposure to the media.

Subsequently, in May, the prosecution executed the search warrant by meeting a Channel A official at the Grand Hyatt Hotel and receiving two mobile phones and one laptop from former reporter Lee.

At that time, Channel A was holding former reporter Lee's mobile phones and laptop for an internal investigation into the alleged collusion between prosecutors and media.

Later, former reporter Lee visited the Seoul Central District Prosecutors' Office to observe the forensic examination of the seized items but filed a quasi-appeal in protest after learning that his laptop and mobile phones had been seized without his knowledge.

The court explained, "Although the quasi-appellant expressed his intention not to participate in the search and seizure of Channel A, the reason was only due to concerns about media exposure, and it seems the prosecution was aware that this did not mean he intended to forgo participation in the execution of the warrant."

It continued, "At the very least, before receiving the mobile phones and laptop at the Grand Hyatt Hotel, the prosecution should have involved the quasi-appellant and his lawyer, presented the warrant, and then conducted the search and seizure, but they did not."

However, the court did not accept former reporter Lee's claim to return the seized items.

Lee's legal representative explained, "If the search and seizure is canceled, the party can apply to the investigation team for the return of the seized items, so the court does not need to decide on this matter."

Former reporter Lee plans to apply to the prosecution on the 27th to return all seized mobile phones and laptops, and if refused, he intends to file a quasi-appeal against the 'refusal to return seized items.' He is also known to demand the deletion of all forensic data obtained from the seized items.

A prosecution official said, "The investigation team’s position is that the seizure was lawfully conducted with the warrant presented and the party participating," adding, "We will review the court's specific decision intent and reasons to decide whether to appeal."

This content was produced with the assistance of AI translation services.