Thursday, 22 June 2023

Questions without notice and ministers statements

Office of the Special Investigator

Matthew BACH (North-Eastern Metropolitan) (12:00): (193) I have a question today for the Attorney-General. Attorney, when appointing Justice Geoffrey Nettle as the special investigator on 30 June back in 2021, the then Attorney-General said this:

Justice Nettle brings more than 45 years of legal experience, sitting as both the trial and appellate judge in the Victorian Supreme Court and Court of Appeal, as well as serving in Australia’s highest court …

The Attorney went on to say:

This distinguished career stands Justice Nettle in excellent stead to take on the complex and important role of Special Investigator.

Given this praise for Justice Nettle’s legal expertise, why does the government not accept Justice Nettle’s view regarding the DPP’s refusal to authorise criminal charges over the Lawyer X scandal?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:01): Dr Bach, it is not appropriate for me to state an opinion on these matters. We have established the OSI, and I thank them for their important work. The mandate was not to go and find criminal prosecutions, it was to determine and have a look at it to see if there were possible prosecutions. It has been set up, which was agreed to by this Parliament, and, as is appropriate, investigators are not the prosecutors. There is an independent DPP. She has made an assessment on the brief that had been presented – not all of the briefs have been presented – and said that in her opinion there is no reasonable prospect of conviction. It is not for me to determine these matters. It is for independent bodies, and I support both of them.

Matthew BACH (North-Eastern Metropolitan) (12:02): Thank you, Attorney. By way of a supplementary question, again referring to the previous Attorney-General’s media statement from 30 June 2021, she said:

The appointment is another important step forward in restoring confidence in the justice system – ensuring that possible criminal conduct or police misconduct related to the Commission is thoroughly investigated.

Attorney, after a royal commission, a special investigation and tens of millions of dollars in work, not one single person has been held criminally responsible for the greatest legal scandal in our state’s history. How does this ‘restore confidence’ in the justice system?

Georgie Crozier interjected.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:02): I take up that interjection. To suggest that there is a cover-up or something inappropriate here by me ‍– a cover-up by me –

Members interjecting.

Jaclyn SYMES: It was my appointment of Justice Nettle to the special investigator role. They have conducted important work, and if you look at the foreword of the final report of the royal commission in relation to what that role was:

If the Special Investigator assembles sufficient admissible evidence to support criminal charges, they will prepare a brief for the Victorian DPP to determine whether it is in the public interest to prosecute. Even if there is sufficient evidence to bring charges, the DPP’s decision may be difficult. These events occurred long ago. Records may be incomplete and memories may have faded. Ms Gobbo was encouraged in her behaviour by police and now lives in fear of being murdered. The current and former officers acted within what Victoria Police accepts was a failed system and many, perhaps all have had otherwise exemplary careers serving the public good.

This was always a matter that was not predetermined – (Time expired)