Where police fail to video record the critical part of a search despite having a video camera present and operational, and advance unconvincing excuses for the failure, the resulting police evidence must be sceptically scrutinised and a conviction based solely on such evidence may be set aside as unreasonable. The NSW Police Service's own Standing Operating Procedures recognise that video recording of searches is essential to eliminate corruption and unjustified complaints, and failure to comply with those procedures may support an inference adverse to the prosecution.
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