AN Australian doctor accused of preying on children in Bulgaria will argue his arrest was unlawful.

Dr Joseph Lee Smith will say he should be released because the wrong department issued his warrant of arrest.

‘‘ The arrest is illegal,’’ Smith’s lawyer, Petar Dimitrov, said yesterday. Smith was detained in an apartment in the Black Sea city of Varna on Friday, November 7.

He was in the company of two boys, aged 13 and 11, at the time.

The Sunday Telegraph yesterday obtained photographs taken inside the apartment immediately after police launched their raid.

One shows the camera and video camera that Smith allegedly used to record the abuse of three children over four days. Another picture shows a childlike drawing that he may have used to communicate with the boys, who were of Roma descent.

In a third photograph, a police officer wearing gloves sits next to a bed where Smith’s belongings have been placed side by side.

He arrived in Bulgaria on a tourist visa on Saturday, November 1. The trip was a repeat visit as he had reportedly spent most of August in Varna. He allegedly abused the children after luring them with bribes of less than $20 as well as sweets and other food.

After Smith was detained for 72 hours, the Varna Regional Court extended his arrest, ruling that he would be a flight risk if he was released on bail.

He has a chance to appeal the court’s decision on Thursday.