Networked Knowledge - Media Report

[This edited version of the report has been prepared by Dr Robert N Moles]

Mallard v The Queen 2005
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Article: Australian law on miscarriages of justice
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Article: USA law on miscarriages of justice

On 6 August 2007 The West Australian reported “Top cop denies comparing evidence”

One of Western Australia's top cops has denied working with four other officers to produce the same evidence at a corruption probe into the wrongful conviction of a Perth man. The state's Corruption and Crime Commission (CCC) is scrutinising for evidence of wrongdoing in the role of public officers involved in the investigation and prosecution of Andrew Mallard for the 1994 murder of jeweller Pamela Lawrence.

Mr Mallard was released last year after 12 years in jail following the High Court's quashing of his conviction in 2005 and after prosecutors decided not to retry him in 2006. The CCC today began questioning police Assistant Commissioner Dave Caporn, whose 1994 police interview of Mr Mallard played a role in securing the conviction. He and four fellow officers - Assistant Commissioner Mal Shervill, Superintendent John Brandham, Inspector Alan Carter and Sergeant Mark Emmett - were involved in the 1994 murder investigation of Mr Mallard.

CCC Commissioner John Dunford asked if Mr Caporn and the other officers had been "putting your heads together" to produce consistent evidence for his inquiry." Absolutely not," Mr Caporn said. During earlier cross examination today the assistant commissioner had told the inquiry he and the other officers had been preparing together for the probe on full pay. He said their purpose was to work out how "best to assist the commission"." We research, analyse and hypothesise on the allegations that have been made against us," he said. He said whenever they had a conflict over a recollection of an event, "we want to validate it".

Mr Caporn said he had been preparing for the probe since April 30 and the other officers had begun at different times. They have 12 bulky files of documents, including statements, transcripts and judgments, and at least 20 files containing their analyses of the evidence.

The CCC was told last week a crucial palm print from the murder scene was not revealed at Mr Mallard's trial. The print was matched last year to convicted killer British backpacker Simon Rochford, who murdered his girlfriend seven weeks after Ms Lawrence's death. Rochford killed himself in May 2006, a day after police told him he was their new prime suspect. The CCC inquiry continues.

Source: 6 August 2007 The West Australian “Top cop denies comparing evidence”

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