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Original Lawyer X inquiry will not get in the way of convictions, IBAC says
The prior findings from an original Lawyer X inquiry will not impede upon the corruption commission’s ability to independently conduct criminal investigations despite concerns from the barrister that led the prosecution of a corrupt Queensland Police chief.
Naomi Neilson
In response to the controversial submission from prosecution barrister, the Honourable Douglas Drummond QC, the Independent Broad-based Anti-corruption Commission (IBAC) said it was necessary to clarify that the body had the powers to pursue criminal investigations of those involved in the Lawyer X human informant saga.
“The Kellam Inquiry found ‘negligence of a high order’, concluding Victoria Police failed to act in accordance with appropriate policies and procedures,” said commissioner the Honourable Robert Redlich AM QC in a letter addressed to Margaret McMurdo.
“The prior findings of the Kellam Inquiry would not impede upon IBAC’s ability to then independently conduct an investigation of this nature, if it was deemed to be warranted and in the public interest. Ultimately, the royal commission’s final report and response by government will determine the necessary scope and resourcing.”
Mr Redlich said the Kellam inquiry had identified potential cases where the convictions of individuals could have been undermined due to the use of Nicola Gobbo. How police had obtained information and used it in particular prosecutions and the understanding and intention of relevant officers were “not in the scope” of the Kellam inquiry.
Justice Kellam had determined that on the evidence before him, he could not conclude that some Victoria Police members had requisite intent to pervert the course of justice. However, the inquiry did recommend that the Director of Public Prosecutions (DPP) examine whether any prosecutions based on Ms Gobbo’s use had resulted in a miscarriage.
“Indeed, it was this recommendation by Justice Kellam and IBAC which had ultimately led to the public exposure of Victoria Police’s use of Ms Gobbo as a human source via legal proceedings in the High Court and subsequent establishment of a commission,” Mr Redlich said.
Mr Redlich added that the primary task of any further investigations of criminality would be to evaluate the extensive body of documentary and other evidence that have been gathered by the royal commission and determine whether that evidence, if it supports a criminal offence, can be converted into admissible evidence for the DPP.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
