Jamie Fawcett is alleged to have used the device to tap into conversations between the Bewitched star's security guards so could predict her traveling plans.
The device was discovered wrapped in protective plastic and partly submerged in water and foliage on a footpath a short distance from the actress' Sydney mansion in January. Police found two different DNA profiles on the listening apparatus and hoped to link one to Fawcett.
But Justice Michael Grove ruled in favor of Fawcett, insisting there is no evidence to suggest Fawcett had successfully used the device to record a conversation and therefore had not committed an offense.
Justice Grove said, "Assuming that it is desired to focus the relevant suspicion upon an inference of earlier possession, accompanied by an intention at that time to use the device to commit an offense.
"[There is] no evidence before the court that the device was ever used. That that must happen is an essential ingredient of an offence of using a listening device."
Fawcett commented outside the court: "I am pleased with the result. I am only happy that common sense has prevailed. I thought for a long while this has gone on and on and I'm glad it's over."
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