Networked Knowledge - Media Report

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

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

On 7 August 2007 Ryan Pedler of The West Australian reported “Senior policeman denies wrongdoing over Mallard investigation”

He said one of WA's most senior police officers has told a corruption hearing into the wrongful murder conviction of Andrew Mallard that he was not guilty of any wrongdoing in relation to changes to a key witness' statement to exclude matters favourable to Mr Mallard. Assistant Commissioner David Caporn has also denied it was wrong of him not to tell prosecution lawyers of the changes, which he agreed were "substantial". Mr Caporn, who is now the head of WA's anti-terror squad, was a senior investigator of Mosman Park jeweller Pamela Lawrence's murder in 1994. Today, he was questioned at the Corruption and Crime Commission about the investigation.

Mr Caporn took a statement five days after Mrs Lawrence's death, on May 29 1994, from Michelle Engelhardt, who lived at a flat in Mosman Park and who Mr Mallard had been staying with at the time of the murder. Ms Engelhardt said in that statement that Mr Mallard arrived at her flat shortly after the time Mrs Lawrence was murdered and was not wearing any headgear. She also stated that a cap Mr Mallard often wore was hanging in her flat at the time of the murder. But when Mr Caporn re-interviewed Ms Engelhardt on June 27 1994, she changed her statement to say she could not recall if Mr Mallard was wearing headgear when he arrived at her flat and the reference to Mr Mallard's cap hanging in her flat was removed. Ms Engelhardt's evidence in relation to headgear, used against Mr Mallard at trial, was crucial because schoolgirl Katie Barsden had reported seeing a man wearing headgear in the non-public area of Mrs Lawrence's shop about the time Mrs Lawrence was murdered.

Mr Mallard, now 44, served 12 years for the murder of Mrs Lawrence. He was released only last year after the High Court quashed his conviction, ruling he did not get a fair trial, and Director of Public Prosecutions Robert Cock decided not to retry him. Since then, a WA Police cold case review has cleared Mr Mallard and found damning evidence that Mrs Lawrence's murderer was convicted killer Simon Rochford, who committed suicide in his Albany prison cell last year after he was interviewed by police over Mrs Lawrence’s murder.

The CCC is now conducting an inquiry into whether any police officers or lawyers acted improperly in denying Mr Mallard a fair trial and securing his wrongful conviction. Mr Caporn is the first senior member of the team that investigated Mrs Lawrence's murder in 1994 called to give evidence. Mr Caporn today told the CCC he could now not recall what caused Ms Engelhardt to change her statement but said it was not uncommon for critical witnesses to be re-interviewed and for them to change recollections.

Asked why reference to changes having been made were not included in Ms Engelhardt's second statement and why he did not tell prosecution lawyers of the changes, Mr Caporn said it was "not the procedure in 1994". Mr Caporn rejected CCC lawyer Jeremy Gormly's proposition that, regardless of the procedures in place in 1994, it was incumbent upon him to tell prosecutors about the crucial changes to Ms Engelhardt's statement.

The inquiry continues tomorrow, with Mr Caporn to continue giving evidence. Sgt Mark Emmett, who was Mr Caporn's partner during the investigation into Mrs Lawrence's murder in 1994, is then due to be called as a witness.

7 August 2007 Ryan Pedler The West Australian “Senior policeman denies wrongdoing over Mallard investigation”

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