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 3 May 2007 Roy Gibson of the West Australian reported “Mallard police lawyer can’t represent all five”

He said that a probe into alleged corruption by police and prosecutors over the wrongful conviction of Andrew Mallard for wilful murder 12 years ago got off to an explosive start yesterday when a veteran Perth barrister was told he could not appear before the Corruption and Crime Commission for all five officers under suspicion. Lawyer Ron Davies tried to challenge the CCC’s powers but gave in when Acting Commissioner John Dunford revealed that the officers were likely to be called to private hearings and insisted that Mr Davies could represent only one of them.

Mr Davies claimed he had been assured by counsel assisting the commission, Jeremy Gormly, that there would not be private hearings — but Mr Gormly denied this. After a short adjournment, Mr Davies announced he now acted only for Assistant Commissioner Mal Shervill, who was the case officer during the controversial Pamela Lawrence murder inquiry in 1994.

The other four officers — Assistant Commissioner David Caporn, Supt John Brandham, Insp. Alan Carter and Sgt Mark Emmett — must find new lawyers in time for public hearings next month. Mr Davies told the CCC that the officers would co-operate fully — they wanted everything aired as soon as possible because they had been subjected to scurrilous allegations.

Mr Gormly promised a “slow and thorough” examination of the evidence when the CCC probes one of the most controversial criminal cases to pass through the justice system. He said there would be a step-by-step analysis of all available material to see if there was misconduct by police and prosecutors involved in the murder investigation and the various court cases.

Mr Mallard spent 12 years in jail for the wilful murder of Mrs Lawrence before his conviction was quashed last year by the High Court. A subsequent cold case review by police concluded that the most likely killer of Mrs Lawrence was convicted murderer Simon Rochford, serving a life sentence in Albany Prison. But after being questioned by detectives about Mrs Lawrence’s death, Rochford committed suicide. The details of the cold case review have never been published because of a direction by the CCC to the Commissioner of Police but Mr Gormly revealed yesterday that this direction would be withdrawn soon, leaving Commissioner Karl O’Callaghan free to release the report.

Mr Gormly said the public hearings would be in five segments:

The forensic investigation after the murder of Mrs Lawrence, including the discovery of a palm print attributed to Rochford in her jewellery store in Mosman Park.

The police investigation up until Mr Mallard’s charging in July 1994.

The conduct of the DPP prosecutors to Mr Mallard’s conviction.

The various appeal procedures, including his conviction’s quashing.

The cold case review and other remaining matters. Mr Gormly said: “It is an investigation and the purpose is to find out by a slow and careful sifting of the material what it is that happened.”

Source: 3 May 2007 Roy Gibson West Australian “Mallard police lawyer can’t represent all five”

The Colleen Egan Blog on the CCC investigation into the case of Andrew Mallard

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