Barbaro refuses to give pin to cops

THE brother of a slain Sydney underworld boss refused to give police the code to his mobile phone because it contained conversations with his lawyer, a court has been told.

Harley Barbaro, whose brother Pasquale was killed in 2016 by rival gang members, pleaded not guilty in the Southport Magistrates Court yesterday to contravening an order about access to information stored electronically.

The 26-year-old came to prominence after being the first person to challenge the State Government's new consorting laws.

This year Barbaro was found not guilty of consorting, raising questions about the future of the laws.


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The court was told during a search of his Bundall home last year that Barbaro refused to give police the pin to his iPhone.

Barbaro's barrister Marty Longhurst, instructed by Moloney MacCallum Abdelshahied Lawyers, said Barbaro was worried about giving police access to conversations he had with his lawyer Campbell MacCallum.

"He didn't want his discussions with a lawyer going to police," Mr Longhurst said.

The court was told at the time of the search that Barbaro had other matters before the courts.

Police prosecutor Sergeant Bob Soper argued it was not a "reasonable excuse" under the legislation and Barbaro should have provided police with the password.

Magistrate Mark Howden said he needed to time to consider the matter and adjourned proceedings to a date yet to be fixed.