What this record says
Tony was charged with breaching bail after Rushton reported receiving a call. Tony says he spent the night in custody, then went straight to Optus after the court granted bail against police opposition. He obtained records with no listed mobile call and gave them to Sgt Barlow at Day Street. Tony says Barlow requested police records from Optus, and Hammer then told him for the first time that the alleged call was through Signal. At bail, the prosecutor had relied on the phone number’s registration to Tony and described the case as strong.
Tony Smith · browser review comment 2 · 5 October 2026; TR144230 · PDF pp. 3–5 · 21 June 2022; Hammer message screenshot · PDF p. 1 · 7 August 2022
The key passage
The call was made through signal which would not show up on Optus call logs.
Messages screenshot labelled Con Marcel Hammer · PDF p. 1, final incoming message · displayed 7 August 2022 at 13:25
Transcribed from the scan for accessibility; the authoritative text is the original PDF.
What the prosecutor said when opposing bail
Sgt McKinnon told the court that the prosecution case was strong and relied on subscriber evidence associating the alleged calling number with Tony. He asked that Tony’s existing bail be revoked and bail on the fresh charge refused. These were prosecution submissions.
Bail transcript TR144230 · PDF pp. 3–4 · 21 June 2022
We ask the Court to accept that the strength of the case in respect of the contravention is strong.
Sgt McKinnon · TR144230, PDF p. 3 · 21 June 2022
The court ultimately continued the existing bail and granted bail on the fresh charge.
Magistrate R Williams · TR144230, PDF p. 5 · 21 June 2022
Bail transcript TR144230, pages 3–4. Read the original bail transcript.
Why Tony retained this message
Tony says he spent the night in custody over the call Rushton reported. When the court granted bail against the police recommendation, he went straight to Optus to find out who owned the number police said had called Rushton. He had already been contacting Optus and the Telecommunications Industry Ombudsman about numbers attached to his account that he did not recognise.
Tony says he requested the details and activity records for the alleged calling number. Optus supplied records with no listed mobile call. He gave them to Sgt Barlow at Day Street Police Station, who requested a police copy from Optus. Tony says it was after this exchange that Hammer first told him the alleged call was through Signal, rather than an ordinary mobile call.
Tony Smith · browser review comment 2 · 5 October 2026
Hammer message screenshot · PDF p. 1 · displayed 7 August 2022; TR144230 · PDF pp. 1–8 · 21 June 2022
Read the full Prosecution 2 account, including the Optus records and outcome
Where this came from
| Source | Composite Messages screenshot |
|---|---|
| Document identifier | Messages screenshot labelled Con Marcel Hammer |
| Date | 7 Aug 2022 at 13:25, as displayed |
| PDF extent | 1 page |
| File | oic-optus-signal-admission-hammer-07aug2022.pdf |
SHA-256
9802af59c6898828c24ef3464bdf70d1c1f2781c33a7ecfedda37a6934ec19e8