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 8 August 2007 Alana Buckley-Carr of The Australian reported “Mallard 'badgered until he confessed'”

She said an assistant police commissioner badgered a mentally ill man until he became so distressed he falsely confessed to a murder he did not commit, a corruption investigation was told yesterday. But David Caporn - a former detective involved in the case that led to the wrongful imprisonment of Andrew Mallard for the 1994 murder of Perth jeweller Pamela Lawrence - maintained he had done nothing wrong.  Mr Caporn, who led the police inquiry into the still-unsolved Claremont serial killings, entered his second day of questioning at the Corruption and Crime Commission over his involvement in the scandal. Mr Caporn and four other senior officers are accused of misconduct in relation to the investigation and prosecution of Mr Mallard.

Mr Mallard, 44, was exonerated last year after a cold-case review found that British backpacker Simon Rochford, who was serving a life sentence for the murder of his girlfriend, was the probable killer. Rochford killed himself days after being interviewed by police. CCC commissioner John Dunford interrupted proceedings several times yesterday to ask Mr Caporn about the 1994 investigation. Mr Dunford said it was a remarkable coincidence that several witness statements had been changed, all pointing to the identification of Mr Mallard at the murder scene.

Mr Caporn disagreed and rejected suggestions he revealed crucial details of the investigation to Mr Mallard, which Mr Mallard later repeated in police confessions used to convict him. He also denied showing Mr Mallard photographs of Lawrence's body and telling him about a witness who allegedly saw a man at the scene. But a phone message - dated June 16, 1994 and shown to the CCC yesterday - that Mr Mallard's father Roy, who has since died, told of his son's distress at having been shown photographs of the corpse.

Earlier in the day, Mr Caporn said he realised there would be problems with Mr Mallard's confession because of his mental illness. He acknowledged that Mr Mallard lived in a fantasy world and had previously told him he was a Viking and had worked for MI5. He admitted he had waited for Mr Mallard to be released from a psychiatric hospital before interviewing him over an eight-hour period, saying the truth was more inclined to come out in the surroundings of a police station.

"I suggest to you that what you did was to badger Mr Mallard over a long period, despite numerous denials, until you got a confession," said counsel assisting the commission, Jeremy Gormly. Mr Caporn replied: "No, I did not. I never got a confession in that interview, I got some admissions, yes." Mr Caporn is expected to continue his evidence today.

Source: 8 August 2007 Alana Buckley-Carr The Australian “Mallard 'badgered until he confessed'”

Top of Page