Federal police investigating the actions of former coalition MP Mal Brough will have access to some of James Ashby's old mobile phone records, after a judge agreed to release evidence from a previous case.
Last week the Commonwealth sought access in the Federal Court to records of text and picture messages from Mr Ashby's phone dating back to 2012.
Federal investigators want to determine whether there would be enough evidence to press criminal charges against Mr Brough over his alleged role in the copying of the diary of former speaker Peter Slipper.
Justice Geoffrey Flick granted the application on Thursday, giving leave for two discs of forensic downloads from Mr Ashby's phone for use in "the conduct of investigations by the AFP as to whether offences have occurred against the laws of the Commonwealth".
Mr Ashby and Mr Slipper consented to the phone records being used.
News that makes sense
Your trusted source for staying up-to-date with the world around you. Get free daily news updates and analysis, straight to your inbox.
The police had to go to court because the texts were no longer on Mr Ashby's phone, and Mr Brough had since got a new phone.
Permission is needed to use evidence from a civil case in a criminal prosecution.
The text messages were part of a 2012 sexual harassment suit by Mr Ashby against Mr Slipper that he ultimately dropped.
During that case it emerged Mr Ashby made copies of Mr Slipper's diary, which were sent to Mr Brough and a News Limited journalist.
A subsequent series of newspaper stories about Mr Slipper's use of government-issued taxi vouchers led to him losing his seat of Fisher to Mr Brough at the 2013 election.
Mr Brough stood aside from the front bench in December and in February decided not to recontest his seat.
