House of Assembly – Hansard 3 May 2004

[This version of the document has been edited by Dr Robert N Moles
Underlining where it occurs is for editorial emphasis]

The Hon. M.J. ATKINSON:
On 30 July 2003, after the sentencing of Paul Nemer, the then attorney-general, the Hon Paul Holloway, asked the Solicitor-General, Mr Kourakis QC, to advise on whether an appeal could be lodged against the sentence. The Solicitor-General was also asked to advise on these topics:

Whether the process by which Nemer's plea to lesser charges was consistent with established practices and whether the charge and factual basis agreed by the prosecution and defence were appropriate, having regard to the materials available to the prosecuting authorities;

Possible improvements to the process of charge negotia­tions, including determining agreed facts, particularly having regard to the need to ensure the process is account­able and takes into consideration the interests of victims.

The issue of the appeal into Nemer's sentence has been the subject of statements to the house. It is a matter of common knowledge that the then attorney-general exercised his authority to direct the DPP to institute an appeal, and an appeal was heard and upheld by a majority of the Full Court of the Supreme Court. Nemer was re-sentenced by the majority judges of the court to four years and nine months imprisonment, with a non-parole period of one year and nine months. The sentence was not suspended. An application to the High Court by Nemer for special leave to appeal was refused.

On 7 April 2004, the Solicitor-General provided me with his report into the two remaining issues referred to him: the charge negotiations in the Nemer case; and charge negotiations generally. I released the Solicitor-General's report on 19 April 2004. Before I deal with the Solicitor-General's findings about the Nemer case and plea negotiations generally, it is important to note his findings about the performance of the Office of the Director of Public Prosecutions. The Solicitor-General observes that the work of the prosecutors of the DPP has been of the highest standard, and they enjoy and deserve the respect of the legal profession, the judges and the public. The Solicitor-General found that the public can be confident that the general principles by which the office selects charges and prosecutes guilty pleas properly serves the public interest.

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