'It's not over yet': Police sound warning on unsolved cases after Claremont arrest

Heather McNeill   - http://www.watoday.com.au/wa-news/its-not-over-yet-police-sound-warning-on-unsolved-cases-after-claremont-arrest-20170126-gtz69a.html

JANUARY 26 2017

Acting police commissioner Stephen Brown said he expected the judicial process of accused Claremont serial killer Bradley Edwards to be "long, drawn-out and complex", as police continue to pump extra resources into cracking WA's biggest unsolved cases.

Bradley Robert Edwards has been behind bars since being taken into custody by police on December 22.

Western Austraian Police said that they are re examining the disappearance of 16 women in Western Australia

Claremont serial killer investigation: Ciara Glennon's murderer linked to unsolved rape
GRAEME POWELL -  SAT OCT 17, 2015

http://mobile.abc.net.au/news/2015-10-16/reports-of-breakthrough-in-claremont-serial-killer-investigation/6859620

Acting Western Austrakain Red Lodge Freemason Police Commissioner Stephen Brown, who says Western Australian police are cracking down on WA's unsolved crimes.  

The 48-year-old Kewdale man is charged with the murders of Jane Rimmer, 23 and Ciara Glennoin, 27, 27, in 1996 and 1997 respectively. He is yet to enter a plea.

Commissioner Brown told Radio 6PR on Thursday the breakthrough arrest of Mr Edwards in December came after 20 years of "meticulous and relentless work" by investigators involved in the longest running and most expensive murder investigation in Australia's history.

"It wasn't perfect, it won't be seen as being perfect in the cold, hard light of day, and it will be judged by the judicial system, and a jury, or whatever that process ends up being overtime," he said.

"We have a number of unsolved serious crimes, homicides and other offences that have occurred over the last 20 to 30 years that we are dedicated to doing our best on here in 2017 and beyond, to either to resolve them or at least convince ourselves that there's nothing more that can be done.

   

  
    

Western Australian Police Commissioner  Police Commissioner Karl O'Callaghan publicly announced that 48-year-old Kewdale man, Bradley Robert Edwards was arrested on Thursday night at home, then charged by the Western Australian Police Service in the early hours on Friday the 24rd of December, 2016,with the murders of Ciara Glennon and Jane Rimmer and attacks on two teenagers in 1995 and 1988. 

It seemed that at the time the pubic arrest on the 23rd/24th of December, 2016, of 48-year-old Kewdale man, Bradley Robert Edwards with the murders of Ciara Glennon and Jane Rimmer and attacks on two teenagers in 1995 and 1988, that the Western Australian Police Commissioner  Police Commissioner Karl O'Callaghan  was proud and pleased to be the one to make the public announcement  of the arrest on the 23rd/24th of December, 2016, of 48-year-old Kewdale man, Bradley Robert Edwards with the murders of Ciara Glennon and Jane Rimmer and attacks on two teenagers in 1995 and 1988.

However, ever since the www.nyt.bz and the www.AWN.bz media and news websites have provided investigative information from their obvious vast investigation files, that puts serious doubts on the likely guilt of 48-year-old Kewdale man, Bradley Robert Edwards with the murders of Ciara Glennon and Jane Rimmer and attacks on two teenagers in 1995 and 1988, and more importantly, have raised serious questions as to whether the current Western Australian Liberal Government headed and run by ......

 powerful and well connected Western Austraian Liberal Party Leader, Red lodge Freemason Western Australian Premier Colin Barnett,



and 

 powerful and well connected Red Lodge Freemason Western Australian Attorney General Michael Minchin

and 


 powerful and well connected Red Lodge Freemason Western Australian Police Commissioner Karl O'Callaghan

and


  powerful and well connected Red Lodge Freemason Western Australian head of the Corruption Commission, John Roderick McKechnie, who was previously the first Western Australian Director fo Public Prosecutions and a Supreme Court of Western Australian Justice

and




 
powerful and well connected Red Lodge Freemason Western Australian Director of Public Prosecutions, Robert Cock QC ......

and




powerful and well connected Acting Western Australian Red Lodge Freemason Police Commissioner Stephen Brown .....


have ordered the extremely pubic arrest on the 3rd of December, 2916, of 48-year-old Kewdale man, Bradley Robert Edwards with the murders of Ciara Glennon and Jane Rimmer and attacks on two teenagers in 1995 and 1988, as polictial stunt to try and win favour with the Western Australian Public, just before the Western Australian, election, which is to be held in March, 2017.

Western Australian Premier Colin Barnett, 
Western Australian Attorney General Michael Minchin, 
Western Australian Police Commissioner  Police Commissioner Karl O'Callaghan, 
Western Australian Director of Public Prosecutions, Robert Cox QC
Acting Western Australian  Police Commissioner Stephen Brown
and other powerful Liberal Party people in Goverment and senior public servants wanting the Western Australian Liberal Party to win the March, 2017 Western Australian State  Election,
are very scared if the Western Australian Labour Party wins the March, 2017 Western Australian State  Election, because the likely new Western Australian Attorney General will be John Quigley, who seems quite capable and willing to leave no stone unturned in having the Western Australian Government investigation and expose all forms and types of corruption and wrongful actions by present and/or former Western Australian Police, pubic servants amd/or politicians... and bring them to account  for any wrongful and/or corrupt actions  they have been involved weith in any way carrying out ... or covering up .... 


So they seem to have decided that having someone arrested for the what is publicly known as the 20 year old unsolved Claremont Serial Killings .... just before the Western State Election in March, 2017 ...
.... was a good way of winning the support of the Western Australian Public for the the Western Australian State Elections in March, 2017 ...in reality it matter not to them of the innocense of guilt of Bradley Robert Edwards of the crimes he has
allegedly committed and still unproven in a court of law .... as his trial will not likely take place, until a long time after the March, 2017 State Elections, with such trial quite likely not being heald until after the next Western Australian State Election which would be held in around the year 2021 ... In the mean time the Western Australian Liberal Government,  if they stay in power after the March, 2017 Western Australian State Elections .... will be able to contnue to use their power in the Western Australian Media .....
....which is controlled at the very top by senior Freemasons and the other other powerful business and media connections ...
 to continue to have the Western Australian Media to brainwash the Western Australian Public that the accused Bradley Robert Edwards is guilty of the crimes ...long before  his trial ..... and it would suit them well if it was announced in the Western Australian Media that Bradley Robert Edwards had committed suicide while in Jail waiting for his trial  ...
That way there will never need to have a trial to prove his innocense or guilt .... and the Western Australian Government and the Western Australian Police  could very conveniently pubicly announce that  the person whom they say publicly, that they firmly believe is the Clarment Serial Killer ,and responsilble for many other unsolved rapes, disappearance and murders in Perth, Western Australia ... has committed suicide because he could not face a trial or face his guit tot he Western Australian Public and all Australians and ther world....
... the scary thing about if this was to happen in reality  .. is that one would hgave to seriously question whether    Bradlley Robert Edwards actually did committ suicide ... and whether in reality Bradley Robert Edwards was actually murdered while in prison
and the Western Australian Freemason Prison Staff falsely made it look like a suicide .... this would not be the first time a Western Australian Priso Guard or guards have murdered a prison in the Western Australian Jails .... the AWN.bz investigation team and files
and the book entitled 'The Darkest Side of Western Australian History' ... talk about examples of previous times Western Austrailan Prison guards have been involved in the murder of  Western Australian Prisoners who was at the time of their death spending time in a Western Australian jail....

Serious questions are being asked as to whether  Simon Rochford,  the new accused of the murder of Pamela Lawrence in Mosman Park in 1994, since the quashing of the murder conviction against Andrew Mallard by the High Court of Australia .... really did committ suicide in Albany Prison, the day the media announced that he was now the prime suspect of the murder of Pamela Lawrence in Mosman Park in Mosman Park in 1994 ... this was a very strange and bizzare quick action bySimon Rochford, thenew  accused of the murder of Pamela Lawrence, to make, even if he was having trouble delaing with such terrible public accusations ..... he was already serving life imprisonment for murder and surely would not have reacted that quickly to committ suicide, and be able to obtain the necessary things and opportunity in a prison to be abe to committ suicide ...  even if what was alledged against Simon Rochford by the Western Australian Media and the Wetsern Australian Police was true...

 AWn.bz investigation files  show that the running of Albany Prison is one of the most corruptly run prisons in Western Australia, and it would be easy for Freemason Prison Officers and non Freemason Prison officers to organise the murder of the new accused of the murder of Pamela Lawrence in Mosman Park in 1994, and have it look like a suicide .... this is very easy to have a prisoner murdered in any prison, and in particular more easy to do in the Albany Prison ..
.... a lot more in revealed about the running and use of the Albany Prison....

There is an interesting set of facts set out in The Darkest Side of Western Australian History'  ....  
that have not been refuted by anyone in the Western Australain Government and/or the Western Australian Police Service or the Western Australian Police Union or any former Western Austraian Police, about the well know Connected Drug Dealer Paul Massarie,
 who ended up in Albany Prison in the 1980's after being found guilty of major Herion Dealing in Perth and Western Australia .... the story became a lot more releaving when you read what Convicted Drug Dealer Paul Massari said to the court and Dustrrict Court Judge during his 1980's trial ... and even more interesting when you read in The Darkest Side of Western Australian History'  ....  
what the Western Australian Drug Squad Detectives said to Paul Massari in Albany Prison, who were sent down to Albany Prison by the new Freemason Red Lodge Western Australian Police Commissioner Robert Falconer, to see convicted Drug Dealer Paul Massari ...
one wonders if the Western Australian Pulbic are quite ready to read and hear the real truth as to these unchallenged facts and events in darkest side of Western Australian Legal, politcial, and police history....

Rochford committed suicide hours after learning he was a suspect in Mrs Lawrence's murder


The powerful and well connected Red Lodge Freemason Western Australian Police Commissioner  Police Commissioner Karl O'Callaghan, is now deliberately dropping back behind the public spot light when public  announcements are made in relation to the Claremont Serial Killings Police Investigation, and putting Acting Police Commissioner Stephen Brown up front to make the public announcement and their obvious ally Western Australian head of the Corruption Commission, John Roderick McKechnie, who is also desperate to help the Western Australian Liberal Government in the March, 2017 Western Australian Election, because he needs them to be in power to stop investigations into is corrupt and/or wrongful behaviour when he was the Director of the Western Australian Public Prosecution.
Many of the details of the corrupt and/or wrongful behaviour when the current Western Australian head of the Corruption Commission, John Roderick McKechnie committed when he was the Director of the Western Australian Public Prosecution are set out in the serious of books entitled The Triumph of Truth (Who Is Watching The Watchers?) which were purchased by the Western Australian Alexander State Reference Library, which Western Australian head of the Corruption Commission, John Roderick McKechnie and other senior lawyers working for the Western Australian Government order there destruction and removal in around the year 2000 from the Western Australian Alexander State Reference Library







Deputy Western Australian Senior Red Lodge Freemason Police Commissioner Stephen Brown,
who according to inside Freemason, Western Australian Government and Western Australian Police insiders, is the chosen by his powerful Freemason Brother in the Western Australian Police Service and the Western Australian Liberal Government, to be the one to be chosen as the next  Western Australian Freemason Police Commissioner, to take over from his Freemason Brother Western Australian Police Commissioner  Police Commissioner Karl O'Callaghan... 

Insiders in Freemasonry, the Western Australian Police Force and the Western Australian Liberal Government, say that the powerful and well connected Western Australian Freemason Red Lodge Deputy Police Commissioner, has been groomed for many years by his Freemason Brothers,  to take over as the Western Australian Police Commissioner after the Red Lodge Freemason Western Australian Police Commissioner Karl O'Callaghan,  retires .....

As stated revealed in a new book being publish this month about the political, legal and police history of Western Australia...
entitled ...........................
The Darkest Side of Western Australian History 
(A  most horrific shocking story that has never before been fully told before..)

 one can not be supported by senior West Australian Freemason Police officers and senior Feeemason members of the Western Australian Government and Pubic Service to be come the Western Australian Police Commissioner unless one moves from being a lower Blue Freemason Lodge Member, to being a high Red Freemason Lodge Member... when the read the new book 
The Darkest Side of Western Australian History 
(A  most horrific shocking story that has never before been fully told before..)

a lot of information is revealed as to what happens at Red Freemason Lodge Meetings and what goes on behind the scenes to obtain the items that  Red Freemason Lodge members use in their Secret Red Freemason Lodge Meetings,
and what are the requirements for a Freemason to become an senior Arch Mason, and a 30th to 33rd Degree Scottish Rite Freemason  and higher ...

For instance, one can not become the Prime Minister of the Britain unless one rises in the ranks of Scottish Rite Freemasonry to the vele of a 33rd Degree Scottish Rite Freemason ....

Unknown to most Freemasons, there are even higher degrees in Freemasonry that go at high 180 degrees and 360 degrees ... when one becomes a 180 degree Freemason, one is half way to to the of the knowing eye ... half way to all beeling revaled to you .... but when one reaches 360 degrees in Freemasonry, all is revealed .... the degrees are an important tell tale sign in Freemasonry ... the only one can have a chance to become a 30 Degree Freemason  and higher than a 33rd Dgree Freemason, is being invited to be moved to siich higher Degree Freemason


have ordered the extremely pubic arrest on the 3rd of December, 2916, of 48-year-old Kewdale man, Bradley Robert Edwards with the murders of Ciara Glennon and Jane Rimmer and attacks on two teenagers in 1995 and 1988, as polictial stunt to try and win favour with the Western Australian Public, just before the Western Australian, election, which is to be held in March, 2017.

Western Australian Premier Colin Barnett, Western Australian Attorney General Michael Minchin, Western Australian Police Commissioner  Police Commissioner Karl O'Callaghan, Western Australian Director of Public Prosecutions, Robert Cox QC


The powerful and well connected Red Lodge Freemason Western Australian Police Commissioner  Police Commissioner Karl O'Callaghan, is now deliberately dropping back behind the public spot light when public  announcements are made in relation to the Claremont Serial Killings Police Investigation, and putting Acting Police Commissioner Stephen Brown up front to make the public announcement and their obvious ally Western Australian head of the Corruption Commission, John Roderick McKechnie, who is also desperate to help the Western Australian Liberal Government in the March, 2017 Western Australian Election, because he needs them to be in power to stop investigations into is corrupt and/or wrongful behaviour when he was the Director of the Western Australian Public Prosecution. Many of the details of the corrupt and/or wrongful behaviour when the current Western Australian head of the Corruption Commission, John Roderick McKechnie committed when he was the Director of the Western Australian Public Prosecution are set out in the serious of books entitled The Triumph of Truth (Who Is Watching The Watchers?) which were purchased by the Western Australian Alexander State Reference Library, which Western Australian head of the Corruption Commission, John Roderick McKechnie and other senior lawyers working for the Western Australian Government order there destruction and removal in around the year 2000 from the Western Australian Alexander State Reference Library


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Simon Rochford's missing murder weapon discovery has 'stench of cover-up': WA Opposition
By David Weber
Updated 12 Sep 2015


http://www.abc.net.au/news/2015-09-12/murder-weapon-discovery-a-cover-up-says-wa-shadow-ag/6770470?pfmredir=sm

WA Labor MP John Quigley

Posted 11 Sep 2015, 3:49pm

John Quigley has also accused the Police Minister of keeping secret the discovery of the weapon.

Western Australia's shadow attorney-general has accused police of a cover-up, after it was revealed a weapon used in two notorious murders has been found despite being thought lost for many years.

Part of the weapon used by Simon Rochford in the killing of his girlfriend Brigitta Dickens and suspected murder of Pamela Lawrence in 1994, was found during an audit of exhibits two years ago.

The weapon was never found in the investigation into the death of Ms Lawrence in Mosman Park, a murder which led to the wrongful conviction of Andrew Mallard.

After the High Court overturned Mr Mallard's conviction in 2006, a cold case review identified Rochford as the likely suspect in Ms Lawrence's murder.

Rochford, who was serving a prison sentence for the murder of Ms Dickens, died by suicide in 2006.

Police determined that he had used a wooden stick with a blue weight attached to it in the murders of Ms Dickens and Ms Lawrence.

But the Corruption and Crime Commission (CCC) was told in 2007 that despite an extensive search of evidence and exhibits, Rochford's weapon could not be found.

Shadow attorney-general John Quigley said the Police Minister now had "some very serious questions to answer".

If the police are saying there was an order for the destruction of this exhibit, produce the order.
Shadow Attorney-General John Quigley
"What's happened and what is happening now has the stench of a cover-up," he said.

"It is very serious and now the Government should come out and say how long they have known about this, the police should come out now and produce the court order that they claim ordered the destruction of this vital piece of evidence.

"That's what my concern is, we're not being told the truth back then, we haven't been told the truth in the interim and now Police Minister [Liza] Harvey has some very serious questions to answer, as does the Commissioner of Police."

It was fragments of Prussian blue paint found in Ms Lawrence's wounds, matching similar fragments in Rochford's backpack, which eventually helped convince police he was the killer.

Officers had zeroed in on Rochford after identifying a palm print found at the scene of Ms Lawrence's murder during a cold case review.

A police spokesman said testing carried out on the weight collar since 2013 had confirmed "what had already been established- that the paint on the collar matched fragments found in Ms Lawrence's wounds and in Rochford's backpack."

Questions over search for weapon

Mr Quigley, a former police union lawyer who later campaigned for Mr Mallard's release, questioned whether the search for the missing weapon was a serious one.

"The search was incompetently conducted, and we can go back through a number of very serious cases where their searches for critical evidence has been incompetent.
"In the Mallard case, they couldn't find the palm print that proved that Rochford was the murderer and not Mallard.

"So I'm concerned that this is a further case of police incompetence, and more concerningly, a cover-up."
Mr Quigley also suggested the State Government must have known something of the discovery.
"It's very, very serious, and we want to know why the Government since 2013 has kept this secret too? Why has Police Minister Harvey kept this secret? She'd have to know."
Police Minister Liza Harvey has been contacted for comment.


Destruction of exhibits

A police spokesman told the ABC "under established evidence protocols of the time there would have been an order for destruction of exhibits at the conclusion of the appeal period."
"For reasons unknown this didn't occur with the collar," the spokesman said.
Mr Quigley said in his experience, he was aware of orders being sought for destruction of evidence relating to other cases.
"If the police are saying there was an order for the destruction of this exhibit, produce the order," he said.
The weapon used to kill the two woman was previously described as a wooden stick, such as a broomstick, with a dumbbell weight attached.
A weight collar is used in bodybuilding to hold removable plates onto the bar.
In 2007, counsel assisting the CCC Jeremy Gormly told the commission that Rochford retained the weapon after the murder of Ms Dickens but appeared to have
"dismantled the weapon into its two parts and stored them in different parts of his baggage, possibly in two different backpacks."
While police confirmed the weight collar was found in 2013, they have made no mention of the stick.
Topics: police, law-crime-and-justice, judges-and-legal-profession, perth-6000, wa

      Pamela Lawrence's New Murder suspect Simon Rochford  dies in Albany Regional Prison 


http://www.abc.net.au/pm/content/2006/s1643201.htm


Murder suspect dies in custody
PRINT FRIENDLY EMAIL STORY
PM - Friday, 19 May , 2006  18:32:00
Reporter: David Weber

MARK COLVIN: The man who West Australian police were investigating for the 1994 murder of Pamela Lawrence has died in custody.

It's the latest, almost unbelievable, twist in the case of Andrew Mallard.

Mr Mallard served 11 years in prison for the Lawrence murder before the High Court quashed his conviction as a miscarriage of justice.

Last Friday we told you how WA Police had started a new investigation, and matched a palm print found at the Lawrence murder scene to a man serving time for violent crime.

Now that man is dead.

David Weber reports.

DAVID WEBER: Police say the original palm print evidence was taken on May the 24th, 1994 - the day after Pamela Lawrence was killed.

The new investigation led to the palm print being matched with Simon Rochford.

Simon Rochford killed his girlfriend in 1994. She died after being hit on the head with a heavy object.

Now, Rochford is dead too.

Commissioner Ian Johnson of the Department of Corrective Services.

IAN JOHNSON: You'd be pretty much aware that we've had a death in custody down at the Albany Regional Prison and that the person who died is Simon Rochford. Obviously he's been recently subject to a fair bit of media attention in terms of the, what I supposed is called the Mallard case. 

He was found this morning, approximately 7:44 by a couple of prison officers in his cell, quite obviously deceased at that time. They've raised the alarm. A nurse has been in attendance, just about immediately. 

DAVID WEBER: Commissioner Johnson says the cell is being treated as a crime scene and the death will undergo a police investigation.

He says he can't disclose the cause of death. Commissioner Johnson says Rochford was considered "at risk" after he was interviewed by police on Thursday of last week.

IAN JOHNSON: At that time the prison superintendent and the other authorities down there made a proactive decision to actually place him at risk on the at risk management system and they did that because they wanted to make sure that he was dealing with the situation. Obviously it's a fairly intense situation he was being subjected to, so they placed him on the system. 

He was placed in an observation cell for three days, and certainly monitored very closely, right through till Monday. On Monday, as a result of various assessments made by psychs and the like, he was then placed back in his own cell. 

DAVID WEBER: Police have been in the process of trying to track Simon Rochford's movements in 1994. 

Until today, the investigation was going the way of any cold case review. The possible death of a new suspect probably hadn't been considered. 

Deputy Commissioner Chris Dawson was told about the death just before holding a scheduled press conference.

CHRIS DAWSON: I'm expecting that there will be at least a number of more weeks before the team that we have tasked with reviewing the matters not only receive forensic reports but complete quite a raft of different investigations that are flowing from this.

DAVID WEBER: Meanwhile, the Police Union has spoken on behalf of the five officers stood down last week.

The Police Commissioner stood down five senior officers who were involved in the original investigation into the murder of Pamela Lawrence. Two of them are assistant commissioners.

The Police Union's Mike Dean says it could be years before the officers have their day in court.

Mike Dean believes all of them are innocent of any wrongdoing.

MIKE DEAN: I believe that when these officers are allowed to debate these issues publicly that many people will be surprised and embarrassed. They're used to the publicity, the criticism, but they're also used to having their day in court and they need that.

MARK COLVIN: President of the Police Union in Western Australia, Mike Dean with David Weber.

Judge won't be stood down: WA Chief Justice
PRINT FRIENDLY EMAIL STORY
PM - Monday, 22 May , 2006  18:38:45
Reporter: David Weber




http://www.abc.net.au/pm/content/2006/s1644597.htm


Judge won't be stood down: WA Chief Justice
PRINT FRIENDLY EMAIL STORY
PM - Monday, 22 May , 2006  18:38:45
Reporter: David Weber
MARK COLVIN: Western Australia's Chief Justice says he won't stand down a Supreme Court judge who was the Director of Public Prosecutions when Andrew Mallard was convicted in 1995.


The High Court quashed Mr Mallard's murder conviction, saying there was a miscarriage of justice in his trial because police had withheld or suppressed evidence.

Andrew Mallard was freed from prison when the charge against him was formally withdrawn.

The Chief Justice Wayne Martin says that although the original investigating police officers have been stood down, there's no need for Justice McKechnie to get the same treatment. 

The Chief Justice says there is a presumption of innocence.

David Weber reports.

DAVID WEBER: The current DPP still considers Andrew Mallard to be a suspect in the murder of Perth jeweller Pamela Lawrence in 1994. A new suspect in the murder has died in prison. He's believed to have committed suicide on Friday morning.

In a rare interview on ABC's morning program in Perth, the Chief Justice Wayne Martin said there was still a remote prospect that the Lawrence murder case would come before a court. He said he needed to be careful in his statements. 

WAYNE MARTIN: The High Court has said that there was a failure to disclose exculpatory material. We don't yet know the precise circumstances in which that came about because for the purposes of the appeal before the High Court it was accepted that there had been a failure, it was not therefore necessary for the High Court to inquire into precisely who was responsible for that failure. So there's been no finding as to who was responsible.

DAVID WEBER: The Police Commissioner said the reason he stood down five officers was to combat the perception that they'd be able to influence the 'cold case' review.

A conflict has arisen between them and the office of the DPP. The five officers went public last week, saying there were many anomalies in the Mallard case. They said that those anomalies were presented to the DPP "warts and all". 

The Director of Public Prosecutions at the time of the Mallard trial was John McKechnie. He was a Senior Counsel at Mr Mallard's appeals. Now he's a Supreme Court judge. The Chief Justice Wayne Martin said there was no reason for him to stand down.

WAYNE MARTIN: There is nothing in any of the allegations against him that would in any way impact upon his current performance of his duties. But again, it's a matter of waiting until there is a proper inquiry. 

I don't know whether the public is satisfied, but I'd be surprised if they weren't, because we must remember there is a presumption of innocence. The mere making of an allegation against somebody doesn't make it… mean that it's true.

DAVID WEBER: The Chief Justice said that while he believed the system was terrific, there was always a chance that someone could wrongfully end up in prison. 

WAYNE MARTIN: Of course it always worries me when somebody has spent a long time in prison and is ultimately… the conviction which led to their imprisonment is set aside. That is a very bad thing. 

Fortunately, as I have said, it doesn't happen that often. It does happen and there's no room for complacency in relation to the times when it does happen. But it would be a mistake to think that our prisons are full of people who have been wrongly convicted.

DAVID WEBER: There are now several inquiries in relation to Andrew Mallard and Pamela Lawrence. The Special Crime Squad is carrying out its 'cold case' review which has been dealt a blow with the death of the new suspect. 

There's the prison police squad investigation into the death in custody of Simon Rochford. That squad is expected to prepare a report for the WA Coroner. 

And then there's the Corruption and Crime Commission, which is scheduled to hold public hearings in July. The CCC is looking into allegations of misconduct by those involved in the investigation and prosecution of Andrew Mallard. 

The Chief Justice said it should be remembered that it was a jury that convicted Andrew Mallard in the first place.

WAYNE MARTIN: There was certainly evidence against him, there was evidence that satisfied a jury beyond reasonable doubt in the first instance that he was guilty. Now the High Court said that the process that led to that conviction was flawed because of a failure to disclose exculpatory material. 

Of course one is always worried when there has been a flaw in the process, and there was a flaw in the process in this case, but it's a flaw that's been corrected.

DAVID WEBER: Chief Justice Martin said the correction was that the conviction was quashed. He said it took too long, but ultimately, the system worked. 

MARK COLVIN: David Weber.

The Wronged Man Part Two - Transcript


PROGRAM TRANSCRIPT: Monday, 4 October , 2010 


http://www.abc.net.au/austory/content/2007/s3029194.htm


AROLINE JONES, PRESENTER: Hello I’m Caroline Jones. Tonight, we continue the story of Andrew Mallard who spent 12 years in prison, wrongfully convicted of murder.
 When finally he was exonerated, the truth revealed serious misconduct on both the part of police and prosecution. Andrew Mallard is telling his story for the first time, as he presses for those involved to be brought to account.
(Recap of last week’s show)

COLLEEN EGAN, JOURNALIST AND AUTHOR: That day was the day of a big freak storm. Shops were closing up around Glyde Street in Mosman Park where Pamela Lawrence had a little jewellery store. Pamela’s husband went down to the shop and realized that she had been bludgeoned in a very, very violent attack.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: They’d stopped CPR because they couldn’t do anything.

COLLEEN EGAN, JOURNALIST AND AUTHOR: There was 136 suspects initially on the suspect list. Andrew Mallard was one of those suspects. 

ANDREW MALLARD: I was down on my luck. I was vulnerable. I was living on the streets. I was trying to survive.

COLLEEN EGAN, JOURNALIST AND AUTHOR: He ended up in Graylands Psychiatric Hospital.

ANDREW MALLARD: And then there’s police asking me about a murderer, you know, a murder. What’s going on?

POLICE OFFICER (on police video): The fact is that you told us all these things and you now say that that was a complete pack of lies.

GRACE MALLARD, MOTHER: The next thing we knew, we had a telephone call from a policeman to say they’d arrested Andrew for murder.

COLLEEN EGAN, JOURNALIST AND AUTHOR: As a last resort they came to me, working as a journalist, to try and find fresh evidence.
 The most damning single piece of evidence was this Sidchrome wrench drawing that he’d done during the unrecorded part of the police interview. And the prosecutor said, ‘With this wrench he killed her.’ And Andrew was very quickly convicted.
ANDREW MALLARD: I was protesting my innocence consistently, continually, because it was the truth!
(End of recap)

COLLEEN EGAN, JOURNALIST AND AUTHOR: In 2002, I’d already been looking at this case for four years. Andrew was getting quite desperate.
 I was working as a political journalist by that stage for the 'Australian' newspaper and John Quigley had joined with the Labor Party, the backbench of the government.
And in my former life as a court reporter, John Quigley was one of the best known and smartest lawyers in town.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I became involved in the Mallard case a little bit reluctantly. I was in my first term in Parliament and I was approached by the reporter, Colleen Egan.
Colleen had reported on many cases that I'd been involved in when I was representing Western Australian police officers, as I had for about 25 or 30 years been the counsel of choice for the Western Australian Police Union in Perth.
So that when I was approached by Colleen Egan to help I was at once surprised, and secondly, a bit wary.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Taking the case to John Quigley was a huge risk, mostly because he had worked for all that time for the police and for the Police Union and we were really worried about what he would do with the information that we gave him. But really, it turned out to be the best thing that we could ever have done. We'd been working on the case for four years and still didn't have a breakthrough, but within months of taking the case to John Quigley, we had breakthroughs.
He saw things in the transcript that I didn’t see, because he understood police procedure so well. He could also get access to things that I just couldn’t get access to as a journalist and found that there was evidence, crucial evidence not disclosed at trial that we didn’t know about.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I indicated to the Attorney General of the day Mr McGinty that I was about to make a big speech in Parliament. The Attorney General then, perhaps in an effort to avoid such a controversial speech being made, came to an agreement the DPP would lay on the table the whole of their file including their correspondence file, their litigation file. I've never had that offer in 30 years and it was only because I was holding a gun at everyone's head saying I was going to make this big speech in Parliament, that I was given that access. The DPP took me straight to the file and said the prosecutor's brought this file up to me and has marked this page and said ‘This should have been shown to the defence, this should have been shown to the court, and he's looking very ill the prosecutor but you should read it now’. And I was just stunned. I thought ‘what is this page?’ At trial the prosecutor, Mr Bates, had said on over 80 occasions that Andrew Mallard had murdered Pamela Lawrence by beating her about the head by a wrench. Whilst he was speaking those words, he had on his file on bar table, a report which said ‘that they'd done a test on a pig's head which had convinced the pathologist that a wrench could not have inflicted those injuries’. This was crucial evidence in the trial which he'd had all the while which he'd marked, so he'd read and had kept it from the court. This was something that a lawyer should never, ever do.
ANDREW MALLARD: And in fact, in the statement of facts to the prosecution, certain police officers state their concerns that they don't think that I was the murderer anyway. It’s in the statement of the facts to the prosecution.
JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: It was as plain as the nose on your face, he couldn’t have been the murderer. He had the most perfect alibi in the world on the crown case. He’d taken a taxi down to Mosman Park near the scene of the murder, didn’t have the money to pay for the taxi and done a runner on the taxi into a block of flats. The taxi driver stood off the block of flats waiting for him to come out and he knew that Andrew Mallard didn’t come out. The murder had happened at this time. This is impossible that Andrew Mallard committed this crime.

GRACE MALLARD, MOTHER: Jacqui and I and Quigley went to the prison to see Andrew, and of course Quigley being an MP got a special room for us.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: I went in there and I said ‘I know your son’s innocent’. I said, ‘this is not going to get you out tomorrow. This is going to take some years’. So I did something I hadn’t done with a client before. I got him to stand up and I hugged him. And I hugged him as hard as I could and I said, ‘Now look into my eyes.’ I’m looking up at him. I’m saying, ‘Now look into my eyes and tell me you understand what I’m saying. I will never leave you no matter how long it takes you, for the rest of your life, I will never leave you.’

GRACE MALLARD, MOTHER: It was overwhelming, really, you know? That Quigley would do that for us.

ONSCREEN CAPTION: June 2002… WA Attorney General, Jim McGinty, referred Andrew Mallard’s case back to the Supreme Court for a new appeal. Malcolm McCusker QC and Perth legal team Clayton Utz acted for Andrew Mallard without charge.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Once the appeal was on foot, we subpoenaed as many documents as possible from the police files and we found original statements of witnesses just didn’t correspond with the evidence of their second statements, and even third statements that were presented in court. So it really showed a pattern of manipulation of evidence against Andrew Mallard.

ANDREW MALLARD: At this point I’d become quite familiar with the West Australian justice system, or rather, the Western Australian injustice system, and I knew the appeal processes were a waste of time. What are we wasting our time with this appeal for? We should go straight to the High Court of Australia. We’re not going to get anything here in Western Australia.
(Excerpt from ABC News, June 2003)

REPORTER: Andrew Mallard’s family came to court for the first day of his appeal hoping the judges will agree he was wrongfully convicted.

JACQUI MALLARD: I’d just like to say that the wrong man is in jail, that this is an injustice.

(End of excerpt)
KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: I never had any anger towards Andrew’s family but the team of people that were helping him, I felt like they must have their own agendas. I just didn’t understand how they could be putting us through more turmoil and more grief and prolonging the ordeal we were going through. We had high profile people from the police and prosecution that were still confident they had the right person.
(Excerpt of ABC News, June 2003)

REPORTER: It was claimed Mallard hit the mother of two with a wrench and drew a picture of the weapon for the police. Today defence lawyer Malcolm McCusker QC said his client provided the drawing after being stripped naked and beaten by police.
(End of excerpt)

ONSCREEN CAPTION: December 2003. The WA Supreme Court dismissed Andrew Mallard’s appeal. The Court found the new evidence did not alter the case against him.

GRACE MALLARD, MOTHER: I was just numb. ‘Numb’ is the word. I shut down I think. I'm not a person that shows a lot of emotion. I just shut down, the same as when Roy died. I shut down.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I will still never understand and really never forgive the Supreme Court for not delivering justice to one of their own citizens. John Quigley, he's a politician and he had put himself out there. He alienated himself from the police who he represented for 25 years and he was out on a limb and the Supreme Court just chopped that limb off.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: And the union absolutely hated me and turned on me and wanted to destroy me. And the Police Union are still trying to destroy me, to this very day, over my advocacy for Andrew Mallard. Apart from my wife, even my own extended family would all criticise me and said that I’d lost my marbles.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I was working as a weekly columnist in the Sunday Times and I found my credibility was getting questioned because I was seen to have put my reputation on the line for this murderer.

ANDREW MALLARD: To me it was no surprise. So I wasn’t at this point now, I’m seasoned, hardened, but not a criminal, but not a criminal. I’m quite, failed, okay, High Court now. That’ll be fine.

ONSCREEN CAPTION: November 2005… The High Court quashed Andrew Mallard’s conviction and ordered a retrial.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Here’s a man that’s been in jail now for 11 years and the High Court has said it is because the police and prosecution suppressed evidence. Detective Sergeant Shervill and Detective Constable Caporn are now of course, Assistant Commissioners who sit around the command table. Anything in the brief that didn’t fit with their theory that Mallard was the murderer, they simply went back to a witness and got them to change a statement.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER: One of the first things I did was refer the matter to the Corruption and Crime Commission for investigation. We potentially had two very senior police officers who may have done something wrong. There were other public officers involved in this particular prosecution and the only way the public, I think, could have been assured that independent review of the conduct of those officers was made, was that a Corruption and Crime Commission would do that.

ONSCREEN CAPTION: February 2006…the DPP, Robert Cock QC, dropped the case as some evidence was no longer admissible. But, he announced, Andrew Mallard remained the prime suspect.

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: This meant that Andrew Mallard was to be released after 12 and half years for murder, after it having been announced to all of Western Australia that the DPP and the police still regarded him as the prime suspect.

COLLEEN EGAN, JOURNALIST AND AUTHOR: I was so angry. Everybody was furious. They still would not admit that they got it wrong. After 12 years Andrew was finally getting out of jail, but they still had to just dig it in and claim that he was still guilty.

KATIE KINGDON, PAMELA LAWRENCE’S DAUGHTER: The day that Andrew was released was a very difficult day for our family, because at that stage we still believed that he was guilty. I was terrified at the thought of him being released and being out there walking around in Perth, that we might bump into him. I didn’t know how he’d react. I was really scared at that thought.
(Excerpt of Andrew Mallard’s talking to press on his day of release)

ANDREW MALLARD (to the press, February 2006): I just want a good night’s sleep, free from officers viewing me in the port, and keys jangling and all that sort of thing. I just want to be able to sleep in peace. 
(End of excerpt)

ANDREW MALLARD: People think ‘oh you're released from prison, everything's hunky dory’. No, not the case at all. I've had three years, nearly four years, of psychotherapy to deal with post-traumatic stress. If someone is found innocent after they've been wrongfully convicted, there's no provision in the system for that. You're just spat out, you're spat out of the belly of the beast, so to speak, and left to fend for yourself. I was released with $50 in my pocket which was a gratuity payment from the prison system. I had no clothing except for what I was wearing. My shoes had been in storage that long that the heels crumbled when I was walked. I was 12 years of limbo. So when I came out, I had to re-learn how to interact and socialise and interact with people. When I was first released I used to have tremendous panic attacks. And you have to remember I was called a prime suspect at that time too, so people used to give me a wide berth anyway. At one point, I was locked out of a shop. I felt the uneasiness and I went and sat on the table outside. Nice day, and I’m sitting there and I can hear the phone call going on and something and then I hear the bolt of the doors locking in the shop. So I just finished my drink and enjoyed the sunshine got on my bike and rode away.
COLLEEN EGAN, JOURNALIST AND AUTHOR: And Andrew would have lived for the rest of his life with this hanging over his head, so myself in the newspaper, John Quigley in the parliament, Malcolm McCusker in press conferences, really put a lot of pressure on the police service to have another look at this case, and they finally agreed to do a cold case review.
KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : I went in there with a completely open mind. I wanted an objective inquiry conducted by the officers who had no connection with the original case, using modern technologies that are available to them and using more modern methods of investigation. I was just searching for the truth.

(Excerpt from ABC News, April 2006)
REPORTER: Police have enlisted the help of British expert, David Barclay, who was also involved in a cold case review of the Claremont serial killings.

DAVID BARCLAY: The Physical review looks at everything possible that we could get from all of the items and then tries to map them across on to all the scenarios and all the people.

KARL O’CALLAGHAN, WA POLICE COMMISSIONER (voiceover): This person was very experienced at looking at cold case murder cases and called for every item of evidence and every scrap of paper.

REPORTER: New digital technology has matched a palm print found on a glass cabinet in her Mosman Park jewellery store, to a man currently in jail for another violent crime, believed to be a murder.
ASSISTANT COMMISSIONER DAWSON: It is a new development. It is a significant development.
(End of excerpt)

JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: The palm print that the cold case reviewer was shown led him to Simon Rochford, who was serving life for the murder of his girlfriend whom he had murdered, but seven short weeks after the murder of Pamela Lawrence.

COLLEEN EGAN, JOURNALIST AND AUTHOR: Significantly, both women had identical injuries in their heads and it was caused not by a Sidchrome wrench, but by a very strange and makeshift instrument that Simon Rochford had made and then used to kill both women.
JOHN QUIGLEY, WA SHADOW ATTORNEY GENERAL: Moreover, Dr Cooke during the autopsy of the late Pamela Lawrence, had recovered from her head some shavings of blue paint and no one knew where this blue paint had come from. But it was an exact match to fragments of blue paint still in Simon Rochford's knapsack that the police still had after all these years. The knapsack in which he'd kept the murder weapon.
ONSCREEN CAPTION: May 2006. Within days of being questioned by police about the murder of Pamela Lawrence, Simon Rochford committed suicide in Albany Prison.
(Excerpt from ABC News, October 2006)

REPORTER: Today the release of a cold case review, finding the 44 year old had played no part in the 1994 murder of Pamela Lawrence.
KARL O’CALLAGHAN, WA POLICE COMMISSIONER: : Mr Mallard spent 12 years in prison for a crime, we think he didn’t commit. He’s no longer a person of interest and I’ve apologised to him for any part the WA Police may have played in that.
(End of Excerpt)

Senior police officers stood down from murder investigation


PRINT FRIENDLY EMAIL STORY
PM - Friday, 12 May , 2006  18:18:00
Reporter: David Weber


http://www.abc.net.au/pm/content/2006/s1637420.htm


MARK COLVIN: The Police Commissioner in Western Australia has stood down five senior officers during an investigation into a 12-year-old murder case.


Andrew Mallard was convicted of killing Pamela Lawrence in 1994. He was freed earlier this year after winning an appeal to the High Court.


Police have now revealed that they've identified another suspect.


A palm print taken from the scene of the crime is a match for a man who's in prison at the moment.


The WA Police Commissioner has decided to stand down the senior officers who were involved in the original investigation, including two Assistant Commissioners.


David Weber reports.

DAVID WEBER: Someone killed Pamela Lawrence in her Mosman Park jewellery store in May 1994. In 1995, Andrew Mallard was convicted and sent to prison for a minimum of 20 years.

After unsuccessful appeals in WA, Andrew Mallard went to the High Court and had his conviction quashed.

In February, he finally walked free from prison.

The High Court expressed a series of concerns. It said the prosecution had suppressed evidence.

Now the murder of Pamela Lawrence and the investigation are subject to a cold case review and a Corruption and Crime Commission inquiry.

The Police Commissioner Karl O'Callaghan.

KARL O'CALLAGHAN: This morning I've moved to stand down the five officers that were involved in the original inquiry.

This is really about good governance. I think that it's necessary that we preserve public confidence in this inquiry and that public confidence remains high.

I think there could be a perception that while these officers are inside the organisation, with these new developments, that there could be a perception that people can get access to information and systems.

I need to make sure that that perception does not become reality. And I think at this point in time it's better that we stand down the officers until this inquiry is complete.

DAVID WEBER: The officers that have been stood down are Assistant Commissioners David Caporn and Mal Shervill, Superintendent John Brandham, Inspector Alan Carter and Sergeant Mark Emmett.

Between them, they've been involved in hundreds of homicide investigations, including the Claremont Serial Killer inquiry and the crackdown on the Gypsy Jokers in the wake of the bombing murders of Don Hancock and Lou Lewis.

The Commissioner Karl O'Callaghan says he made the decision after being told about the identification of a new suspect.

He says he has no information that suggests there was any misconduct or that the officers acted maliciously.

KARL O'CALLAGHAN: I don't believe the public is losing faith and I'm here to make sure that the public's faith in policing is maintained and that the integrity of policing is maintained. 

That's one of the reasons why we want to conclude this and another reason why I've moved to stand down these officers until we complete the inquiry and until the CCC give us a view about their inquiry.

DAVID WEBER: Back in 1994, a handprint was discovered on a glass cabinet in the jewellery store.

The match was made through the National Automatic Fingerprint Identification System. The ability to electronically match handprints is a relatively recent development.

Deputy Commissioner Chris Dawson.

CHRIS DAWSON: The enhancement to the computer system is that of a palm print enhancement. That is a very recent addition to that computer system.

The computer systems weren't available back in 1994.

Unless you have a particular person of interest, it's more than looking for a needle in a haystack to try and match a palm print in a physical examination by a bevy of experts.

There was no known link that we presently know at this moment in time that identified the person we interviewed yesterday with that palm print.

DAVID WEBER: Deputy Commissioner Dawson wouldn't elaborate on the status of Andrew Mallard in relation to the investigation.

Jacquie Mallard says she's happy the five officers have been stood down, and she's pleased that another suspect has been identified.

JACQUIE MALLARD: Fantastic, I mean it's about time. It should have happened sooner than this.

But now we've got absolute faith that the investigation is being handled correctly and that we really believe that this is properly being investigated now.

I think it just shows that the investigation was never carried out properly in the first place.

DAVID WEBER: And the identification of another suspect?

JACQUIE MALLARD: Well, it's interesting that they've found someone now, isn't it, when we've had to push and push, and all that we've shown that it could never have been Andrew.

DAVID WEBER: Police are saying it is a coincidence that the identification of this suspect has happened now, but it sound like you don't believe that.

JACQUIE MALLARD: Well, I'm not sure about whether it's happened right now and maybe that it's something that has always been there and they just, as I said, they haven't looked properly because they believed they had the man that perpetrated this crime already in jail, so they just ignore anything that could point to perhaps another person having committed it.

DAVID WEBER: What's your brother's reaction been?

JACQUIE MALLARD: Well, of course, he's absolutely, you know, really, really pleased that this crime suspect tag has been dropped from him and that really he needs now… he wants exoneration.

He wants the police to apologise, and I don't blame him. They need to apologise for what they've put him through over the last 12 years.

MARK COLVIN: Jacquie Mallard, speaking to David Weber.

ANDREW MALLARD: FINDINGS OF FINDINGS AND RECOMMENDATIONS OF CRIME AND CORRUPTION COMMISSION REPORT. TAMPERING WITH FORENSIC REPORTS BLASTED;




http://smithforensic.blogspot.ie/2010/10/andrew-mallard-findings-of-findings-and.html


FRIDAY, OCTOBER 8, 2010




ANDREW MALLARD: FINDINGS OF FINDINGS AND RECOMMENDATIONS OF CRIME AND CORRUPTION COMMISSION REPORT. TAMPERING WITH FORENSIC REPORTS BLASTED;


"The opinions as to misconduct may be summarised as follows.


1. That Det Sgt Caporn engaged in misconduct in writing the letter to the Police Prosecutor dated 17 June 1994 containing incorrect and misleading information.


2. That Det Sgt Shervill engaged in misconduct in requesting Mr Lynch to amend his reports by deleting all reference to the salt water testing.


3. That Det Sgt Shervill engaged in misconduct in bringing about the alterations to the statements of various witnesses without any reference to their earlier recollections.


4. That Det Sgt Caporn engaged in misconduct in bringing about the alterations to the statements of various witnesses without any reference to their earlier recollections.


5. That Det Sgt Shervill engaged in misconduct in making false entries in the Running Sheets relating to the amendments to the witnesses’ statements.


6. That Det Sgt Shervill engaged in misconduct in failing to disclose to the defence the original statements of the witnesses including Mr Lynch’s original report and details of the unsuccessful attempts to locate a weapon capable of inflicting wounds similar to those found on Mrs Lawrence.


7. That Mr Kenneth Bates engaged in misconduct in running the trial on the basis that a wrench as drawn by Andrew Mallard was the murder weapon,but, at the same time, failing to put Andrew Mallard’s drawing to Dr Cooke and asking whether the deceased’s injuries were consistent with the use of such an instrument.


8. That Mr Kenneth Bates engaged in misconduct in failing to disclose to the defence the pig’s head testing of the wrench or ensuring that it had been disclosed by the police."


SUMMARY OF FIMDINGS OF CRIME AND CORRUPTION COMMISSION REPORT: THANKS TO DR. BOB MOLES. NETWORKED KNOWLEDGE;




BACKGROUND ON THE ANDREW MALLARD CASE: Wikipedia informs us that: Andrew Mallard is a Western Australian who was wrongfully convicted of murder in 1995 and sentenced to life imprisonment. He was released from prison in 2006 after his conviction was quashed by the High Court of Australia. Mallard had been convicted of the murder of Pamela Lawrence, a business proprietor, who was killed at her shop, on May 23, 1994. The evidence used in Mallard's trial was scanty and obscure, and it was later revealed that police withheld vital information from his defence team. Almost twelve years later, after an appeal to the High Court, his conviction was quashed, and a re-trial ordered. However, the charges against him were dropped and Mallard was released. At the time, the Director of Public Prosecutions stated that Andrew Mallard remained the prime suspect and that if further evidence became available he could still be prosecuted. In 2006 police conducted a review of the investigation and subsequently a cold case review. As a result they uncovered sufficiently compelling evidence to charge convicted murderer Simon Rochford with the murder of Pamela Lawrence and to eliminate Andrew Mallard as a person of interest. After being publicly named as a suspect, Simon Rochford was found dead in his cell in Albany Prison, having committed suicide. The Western Australian Commission on Crime and Corruption is currently investigating whether there was misconduct by any public officer (police, prosecutors or Members of Parliament) associated with this case. Evidence at the Trial: Mallard was convicted chiefly on two pieces of evidence. The first was a set of police notes of interviews with Mallard during which, the police claimed, he had confessed. These notes had not been signed by Mallard. The second was a video recording of the last twenty minutes of Mallard's eleven hours of interviews. The video shows Mallard speculating as to how the murderer might have killed Pamela Lawrence; police claimed that, although it was given in third-person, it was a confession. Mallard had no history of violence; no murder weapon had been found. No blood was found on Mallard, despite the violence of the murder and the crime scene being covered with it. Nor was DNA evidence produced. He was convicted on the confessions purportedly given during unrecorded interviews and the partial video-recording of an interview. Despite this, Mallard's appeal to the Supreme Court of Western Australia, in 1996, was dismissed. Investigation:In 1998, Mallard's family enlisted the help of investigative journalist Colleen Egan, who in turn managed to get John Quigley MLA and Malcolm McCusker QC involved. All were appalled at the manner in which Mallard's trial had been conducted and eventually came to be convinced that he was innocent. Based on fresh evidence uncovered by this team, including a raft of police reports that, against standard practice, had never been passed to the defence team, the case was returned to the Court of Criminal Appeal in June 2003. Despite the fresh evidence and an uncontested claim that the DPP had deliberately concealed evidence from the defence, the Court of Criminal Appeal again dismissed the appeal. High Court Appeal: In October 2004, Mallard's legal team were granted special leave to appeal to the High Court of Australia and on September 6 and 7, 2005, Mallard's appeal was heard in the High Court and the Justices subsequently judged unanimously that his conviction be quashed and a re-trial be ordered. During the hearing, Justice Michael Kirby was reported to have said that on one of the pieces of evidence alone - a forensic report, not disclosed to the defence, showing that Mallard's theory about the weapon used in the murder could not have been true - a re-trial should have been ordered. The DPP did not immediately drop charges against Mallard but did so six months later immediately before a directions hearing was due. After almost twelve years in prison, Mallard was released on February 20, 2006. However in announcing that the trial would not proceed the DPP stated: "Finally, I note for the record and for the future that this decision is made on evidence presently available to the prosecution. The discharge of Mr Andrew Mallard on this charge does not alter the fact that he remains the prime suspect for this murder. Should any credible evidence present in the future which again gives the state reasonable prospects of obtaining a conviction again, the state would again prosecute him." Documentary: A documentary titled Saving Andrew Mallard was directed by Michael Muntz and produced by Artemis International, focussing on Mallard's family, their struggle to have him freed, the deception undertaken by the original police investigation team and the evidence uncovered that eventually led to Mallard's freedom. It was first aired on Australian Broadcasting Corporation (ABC) Television on May 4, 2006. It was shortlisted for a Walkley Award and Michael Muntz won the Outstanding Achievement in Directing Award in the WA Screen Awards. The documentary's epilogue noted that the DPP still considered Mallard a prime suspect in their investigation at that time. Review of Investigation and Cold Case Review: Following the discontinuance of the prosecution by the DPP, the Commissioner of Police instituted a review of the investigation to establish whether there were sufficient grounds for a "cold case" review. The review quickly located a record of a palm print which matched that of Simon Rochford, who had confessed to murdering his girlfriend, Brigitta Dickens, on 15 July 1994, seven weeks after Mrs Lawrence was killed. The print had been found on the top of a display case in Lawrence's shop, which was significant, as it had been the practice of the shop staff to wipe the top of that case after each customer left. On this basis the review became a cold case review. The weapon used by Rochford to kill Dickens was a steel collar of the type used by weight lifters to secure weights to a bar. Rochford had attached the collar to a broom handle and used it to club Dickens to death. The actual collar could not be located in 2006 but its dimensions were known and a photograph was available. The shape and dimensions of the collar were consistent with the form of the wounds in Lawrence's skull. The photograph of the collar indicated that it was painted blue and a rucksack belonging to Rochford was found to contain blue paint flakes which were identical in chemical composition to those removed from Mrs Lawrence's wounds. Rochford's appearance, in particular his beard, was more consistent with the original accounts of eyewitnesses than was Mallard's. On May 12, 2006, five police officers were stood down by the West Australian Police Commissioner in relation to the original investigation into the murder. At about 7:45 am AWST on May 19, 2006, the body of Simon Rochford was discovered in his cell at Albany Maximum Security Prison by prison officers just hours after he had been named as "a person of significant interest" in the Pamela Lawrence investigation. On 11 October 2006 the Police Commissioner announced that the cold case review was complete, that Andrew Mallard was no longer a person of interest in relation to the case; that there was sufficient evidence to implicate Simon Rochford and that, if he had still been living the police would have prepared a Brief of Evidence against him for the WA Director of Public Prosecutions. The Police Commissioner apologised to Mallard for any part the police had played in his conviction. The Premier indicated that the government would be considering compensation, though the Attorney General stated that no decision could be made until the Commission on Crime and Corruption had completed its investigation. However, on 22 November 2006, the Adelaide advertiser carried an AAP story stating that Andrew Mallard had received A$200,000 as partial compensation. Commission on Crime and Corruption Hearings: The Commission on Crime and Corruption (CCC) announced that it was studying the report of the cold case review and would be holding public hearings in 2007. In the meantime it had asked the police to not release the full report, either to the public or within the police and, in particular, to ensure that police involved in the original investigation had no access to it. The CCC hearings into whether police and/or prosecutors behaved unethically or illegally in the Andrew Mallard case began on 31 July 2007. On 7 October 2008 the CCC announced its recommendations that disciplinary action be taken against two assistant police commissioners and the deputy director of public prosecution. In May 2009 Andrew Mallard was offered a payment of 3.25 million as settlement though the Premier of the state, Colin Barnett said that were Andrew to take civil action against those he held responsible for his wrongful conviction, the government would support any servant of the state in that event.


----------------------------------------------------------------------------------


"Crime and Corruption Commission Report - summary of findings and recommendations paragraphs 76-78


The opinions as to misconduct may be summarised as follows.


1. That Det Sgt Caporn engaged in misconduct in writing the letter to the Police Prosecutor dated 17 June 1994 containing incorrect and misleading information.


2. That Det Sgt Shervill engaged in misconduct in requesting Mr Lynch to amend his reports by deleting all reference to the salt water testing.


3. That Det Sgt Shervill engaged in misconduct in bringing about the alterations to the statements of various witnesses without any reference to their earlier recollections.


4. That Det Sgt Caporn engaged in misconduct in bringing about the alterations to the statements of various witnesses without any reference to their earlier recollections.


5. That Det Sgt Shervill engaged in misconduct in making false entries in the Running Sheets relating to the amendments to the witnesses’ statements.


6. That Det Sgt Shervill engaged in misconduct in failing to disclose to the defence the original statements of the witnesses including Mr Lynch’s original report and details of the unsuccessful attempts to locate a weapon capable of inflicting wounds similar to those found on Mrs Lawrence.


7. That Mr Kenneth Bates engaged in misconduct in running the trial on the basis that a wrench as drawn by Andrew Mallard was the murder weapon,but, at the same time, failing to put Andrew Mallard’s drawing to Dr Cooke and asking whether the deceased’s injuries were consistent with the use of such an instrument.


8. That Mr Kenneth Bates engaged in misconduct in failing to disclose to the defence the pig’s head testing of the wrench or ensuring that it had been disclosed by the police.


The recommendations are detailed below.


1. That the Commissioner of Police give consideration to the taking of disciplinary action against Assistant Commissioner Malcolm William Shervill and Assistant Commissioner David John Caporn.


2. That the Director of Public Prosecutions gives consideration to the taking of disciplinary action against Mr Kenneth Paul Bates.


3. That consideration is given by the Commissioner of Police to making special provision for the interviewing by investigating police of mentally ill suspects.


4. That whenever there is legislation, fresh authoritative case law, or DPP guidelines which relate to the conduct of criminal investigation or the admissibility of evidence in such cases, senior police officers


affected by such matters be required to attend formal seminars or meetings at which they can be made familiar with such matters.


5. That whenever the police obtain advice from the Office of the Director of Public Prosecution such advice be furnished in writing setting out, at least, the material considered, the opinion and the grounds upon which such opinion is based; or in cases of urgency, a detailed contemporary note should be made, preferably by the DPP officer or his secretary, and also by the police, setting out the matters specified.


6. That Mr Andrew Mallard gives consideration to raising a complaint with the Legal Practitioners Complaints Committee (LPCC) regarding the conduct of the trial by Mr Bates.


[Division 3 of the Legal Practice Act 2003 deals with complaints made about legal practitioners. Section 175(2) specifies who can make a complaint to the LPCC including the Attorney General, the Legal


Practice Board, the Executive Director of the Law Society, any legal practitioner or any other person who has had a direct personal interest in the matter].


Finally the Commission acknowledges the efforts and expertise of those persons who were instrumental in securing justice and vindication for Andrew Mallard, especially Ms Colleen Egan, journalist, Mr Quigley MLA, Mr Malcolm McCusker QC, and Clayton Utz, solicitors, who acted pro bono."


-----------------------------------------------------------------------------------


The summary can be found at:


http://netk.net.au/Mallard/Mallard81.asp


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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:


http://www.thestar.com/topic/charlessmith


For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:


http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774


Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;


Harold Levy...hlevy15@gmail.com;
POSTED BY HAROLD LEVY AT FRIDAY, OCTOBER 08, 2010

       Murder victim's daughter breaks silence on Mallard injustice


                                                                                                                  https://thewest.com.au/news/australia/murder-victims-daughter-breaks-silence-on-mallard-injustice-ng-ya-197224



Murder victim's daughter breaks silence on Mallard injustice


ANGELA POWNALL
Sunday, September 26, 2010


https://thewest.com.au/news/australia/murder-victims-daughter-breaks-silence-on-mallard-injustice-ng-ya-197224


The daughter of murdered Mosman Park jeweller Pamela Lawrence has spoken for the first time about her mother's death and the man wrongfully convicted of the crime.
Katie Kingdon told the ABC's Australian Story that police and prosecutors reassured her grieving family of their confidence that Andrew Mallard, whose conviction for murder was quashed by the High Court, was Mrs Lawrence's killer.
Mrs Kingdon said she and her family had still believed Mr Mallard was guilty of Mrs Lawrence's murder when he was released in 2006 after 12 years in jail and it did not occur to them that WA's justice system could fail so dismally.
"I have enormous regrets at how long it took me to realise that Andrew was innocent," she said. "I really want people to know that my family believe Andrew's innocent, 100 per cent, and we have nothing but regret for what he's been put through."
Mrs Kingdon said she was never angry towards Mr Mallard's family, but she could not understand his supporters' battle to see him exonerated.
"When there seemed to be this team around him of quite senior and important people working for his side, we were - we felt as though they were fighting to get Mum's killer out of jail," she said. "We felt as though no one cared what we'd been through and that he'd somehow convinced them of his innocence. At the time, it didn't occur to us that the justice system could have failed so dismally."
Mrs Lawrence was bludgeoned to death in her jewellery shop in 1994.
She was found by her husband Peter, who stopped his daughter from seeing the bloody horror of the attack.
"I couldn't see what was happening in there and (Dad) told me that Mum had been attacked," Mrs Kingdon said.
"Dad looked like he'd seen a ghost. He had no colour in him, but I still didn't think that it could be anywhere near as serious as it was."
Mrs Kingdon said police and prosecutors always made Mrs Lawrence's family feel "quite comfortable that they were doing everything they could to make sure Andrew stayed in jail".
A subsequent cold case review discovered a previously unidentified palm print left at the scene belonged to Simon Rochford, who was already behind bars for killing his girlfriend. Rochford committed suicide hours after learning he was a suspect in Mrs Lawrence's murder.
"I think I was just in shock. I just never expected this to happen. I really did have faith in the justice system until all this happened," Mrs Kingdon said.
Australian Story's two-part program The Wronged Man, will be broadcast on ABC1 tonight and next Monday at 8pm.
 The program also features interviews with Mr Mallard and two supporters who worked for his release, _The West Australian _journalist Colleen Egan and MP John Quigley.

"JUSTICE", FROM THE CRAZY TO THE DEEPLY DISTURBING 


http://stju.blogspot.ie/2006/05/delayed-investigation-due-to-wrongful.html
Strange Justice


"JUSTICE", FROM THE CRAZY TO THE DEEPLY DISTURBING 

The thinking behind this blog is really simple: The guilty should be prevented from reoffending and the innocent should not be convicted -- not very complex but often not achieved. 


The spotlight is also thrown on feral law enforcement 

Sunday, May 21, 2006

DELAYED INVESTIGATION DUE TO WRONGFUL CONVICTION ALLOWS THE REAL MURDERER TO ESCAPE JUSTICE


But at least the real murderer is dead so that is probably the best justice. He suicided by biting his wrists and bleeding to death. Now it will just be the crooked cops in the firing line

Sitting in his cell in the West Australian prison that had been his home for eight years, convicted murderer Simon Rochford thought his time was up. Hours after he watched himself publicly identified on television as the new suspect in the brutal murder of Perth jeweller Pamela Lawrence 12 years ago, Rochford took his own life. It had been a week since Rochford, who had four years left to serve on a minimum 15-year life term for the bashing murder of his girlfriend Brigitta Dickens, was questioned for five hours by detectives investigating new evidence in the high-profile murder - and the police had planned to come back. 

Lawrence's long-suffering family and the man who spent 12 years behind bars after being blamed for her murder - Andrew Mallard - may now never discover the truth. The case has a tortuous history - Mr Mallard's conviction was finally quashed by the High Court last year and he was released in February after the Director of Public Prosecutions withdrew the charge. 

In the wake of his release, a Corruption and Crime Commission investigation has begun into the handling of the case and five senior police, including two assistant commissioners, have been suspended, pending its findings. 

Even more mystery surrounds Rochford - a backpacker from Huddersfield in England who used an alias and was wanted for being an illegal immigrant. He concocted extravagant stories about his background and was reportedly questioned while in custody awaiting trial over the unsolved murder of a German tourist in a London hotel in 1993. Rochford was convicted in 1995 of wilfully murdering 27-year-old Dickens on July 15, 1994, seven weeks after Lawrence was bludgeoned to death in her Mosman Park jewellery store. 

A recent cold-case review put Rochford at the scene of Lawrence's murder after new technology was used to match a previously unidentified palm print with the 38-year-old prisoner. 

At 7pm on Thursday, Rochford was watching the ABC news bulletin with at least one other inmate at the medium-security Albany Regional Prison, 400km south of Perth, when he saw himself named as the new suspect. The prison's superintendent had also seen the news, but state Corrective Services Commissioner Ian Johnson said Rochford's reaction had caused "no undue concern". At 7.44am yesterday - two hours after he was last seen alive during a check of his cell - prison officers found Rochford dead on his bed, sparking a police and coronial investigation into his death. 

Rochford, 26 at the time of his conviction, arrived in Australia in 1993 on a three-month tourist visa. He was using a false surname and soon met and befriended Dickens while she was working at the Fremantle Hotel. He told her he owned a yacht in New Zealand and they began making plans to sail to Queensland. But after what was described as a "stupid argument" in a room in a backpackers hostel in the beachside suburb of Scarborough, Rochford bashed Dickens twice on the head with a barbell, fatally fracturing her skull. Her body, which he hid in the boot of her car, was discovered by police three days later. 

At his sentencing hearing in November 1995, Rochford - the son of an alcoholic father and a mother who is believed to live somewhere in Western Australia - was described by the state prosecutor as showing little compassion for his victim. Justice Henry Wallwork also commented that no one other than Rochford knew what occurred before his inexcusable crime. 

Yesterday, police deputy commissioner Chris Dawson said Rochford's conviction and his print being found on a cabinet in the jewellery store had made him a "significant person of interest" in Lawrence's murder. Mr Dawson acknowledged the ongoing and far-from-complete police investigation into Lawrence's killing had been compromised by Rochford's death. He could not say whether police had notified prison authorities that Rochford, placed on suicide watch after being questioned by police but returned to his single cell on Monday after being assessed, was about to be publicly identified. 

He also refused to comment on calls for an apology to be made to Mr Mallard, who would have served time with Rochford at Perth's maximum-security Casuarina prison in the 1990s. Mr Mallard, whose conviction was quashed after the High Court found a raft of evidence had been withheld from the defence, was yesterday described by his sister Jacqui Mallard as being "saddened" by Rochford's death. "It is such a sorry saga," Ms Mallard said. 

Labor backbencher John Quigley, who on Thursday used parliamentary privilege to call for Supreme Court Justice John McKechnie, the DPP at the time of Mr Mallard's prosecution, to stand down pending the CCC investigation, also described Rochford's death as tragic. 

But Mr Dawson said the police investigation would continue and, in deference to Rochford's family, he refused to reveal the result of the police interview with him, a preliminary discussion paper on the case review or further details of Rochford's past. "While this case is of public interest, another family is grieving," he said.


Report here

Another report below:


Wrongly convicted Andrew Mallard shared a small prison section with the man now suspected of murdering Pamela Lawrence in 1994. Mr Mallard was shocked yesterday when he saw a photograph of Simon Rochford, who committed suicide in Albany Prison on Friday morning after being named as the new prime suspect in the brutal killing. "I remember him staring at me in the remand prison when we were both waiting for our trials (in 1994-95)," he said. "The other prisoners would confuse me with him because we were both in there for bashing-type murders. "They'd say, `You're the guy with the body in the boot', and I'd say, `No, I didn't kill anybody'." 

Mr Mallard was struggling to come to terms with the latest twist in his ordeal, which started when he was interrogated by police in the days after Mrs Lawrence's murder in Mosman Park. He had hoped the recent discovery that Rochford's palm print was left at the scene would assist in drawing the matter to a close for his family and the Lawrences. The Sunday Times understands the method of Rochford's suicide rules out foul play. He is believed to have bitten his wrists and bled to death. 

Mr Mallard is still concerned about being investigated by the police, who attempted to interview him this week on video. And he wants an investigation into why the palm print was not revealed to his lawyers in 2002, despite a subpoena specifically requesting that kind of evidence. 

HOW THE MALLARD CASE UNFOLDED

http://www.watoday.com.au/wa-news/how-the-mallard-case-unfolded-20081007-4vhk.html

• OCTOBER 7 2008

Stephen Brown, the chosen one to be the next  Western Australian Freemason Police Commissioner, to take over
from his Freemason Brother Western Australian Police Commissioner  Police Commissioner Karl O'Callaghan
The Questioin being asked by the average Western Australia is
"Bearing in mind the level of serious corruption and/or incompetance in the Western Australian Police Service
 that has gone on since you have been the Deputy Western Australian Police Commisisoner ..
Stephen Brown ...can we really Trust You to be our next Western Australian Police Commisisoner?"

Deputy Western Australian Freemason Police Commissioner Stephen Brown

powerful and well connected Western Australian Deputy Police Commissioner, who has been groomed for many years by his Freemason Brothers 
to take over as the Western Australian Police Commissioner after the Red Lodge Freemason Western Australian Police Commissioner Karl O'Callaghan, 
retires .....
As stated revealed in a new book being publish this month about the political, legal and police history of Western Australia...
entitled ...........................
The Darkest Side of Western Australian History 
(A  most horrific shocking story that has never before been fully told before..)

 one can not be supported by senior West Australian Freemason to be come the Western Australian Police Commissioner unless one moves from being a lower Blue Freemason Lodge Member,
to being a high Red Freemason Lodge Member...
when the read the new book 
The Darkest Side of Western Australian History 
(A  most horrific shocking story that has never before been fully told before..)

A lot will be revealed as to what happens at Red Freemason Lodge Meetings and what goes on behind the scenes to obtain the items that 
Red Freemason Lodge members use in the Secret Red Freemason Lodge Meetings

A study of large government departments, such as the police service, the prison service etc., one soon realises that it is the deputy in such departments, that is usually the real person that is running the show from behind the scenes,
 and pulling the strings.
The actual official head of the department is usually kept busy with official public meetings, public functions and appearing before the press making public press statements that are pre-written for him or her to make..

In most cases it is thus the deputy that is really running the show ... and giving out the orders to tell the official head where to go and what to do each day ...

the main thing is for the actual public head person to keep a good public profile and image and out there looking like the nice user friendly person who can be trusted ...

That way if anything goes wrong, and it is fairly well known that something was seriously wrong over the last 13 years of the reign of the Red Lodge Freemason Western Australian Police Commissioner Karl O'Callaghan,  in the way the Western Australian Police was run from behind the scenes .. and in parrticularly in relation to the investigations in the what is know publicly .. The Claremont Serial Killings and the other around  16 unsolved disappreances and/or murders of other people in Perth and around Western Australia in since the 1970's...

Western Austraian Police said that they are re examining the disappearance of 16 women in Western Australia
Claremont serial killer investigation: Ciara Glennon's murderer linked to unsolved rape
GRAEME POWELL
 SAT OCT 17,  2015

http://mobile.abc.net.au/news/2015-10-16/reports-of-breakthrough-in-claremont-serial-killer-investigation/6859620



Ciara Glennon

 Police have reportedly linked the murder of Ciara Glennon to an unsolved rape two years earlier. ABC NEWS


Police in Perth have reportedly made a breakthrough in the Claremont serial killings, one of the nation's longest running investigations.

The Post newspaper has reported that police believe the person responsible for killing three women last seen in Claremont in the 1990s also raped a teenage girl in the year before the first murder.

The newspaper said police had established a forensic link showing that whoever killed Ciara Glennon in March 1997 also abducted the 17-year-old from a Claremont street in February 1995 before sexually assaulting her in Karrakatta Cemetery.

The teenager survived.

Almost one year after the sexual assault, in January 1996, 18-year-old Sarah Spiers was abducted after leaving Club Bayview in Claremont.
Ms Spiers told her friends she was tired and was going to get a taxi home, and has never been seen since.
Five months later, Jane Rimmer, 23, vanished after drinking at the Continental Hotel in Claremont.

Ms Rimmer's body was found in August 1996 in bush at Wellard, south of Perth.

Ms Glennon, 27, was the killer's third victim.

She disappeared from the Claremont area in March 1997, having also visited the Continental Hotel.
Her body was found in April of that year in bush at Eglington, north of Perth.

Police decline to comment on 'breakthrough'

Approached by the ABC, police released a statement saying they would not respond to the reported breakthrough.
"For operational reasons the Macro Taskforce has not commented on similar media reports about possible links to other crimes," a police spokesman said.


Sarah Spiers

Sarah Spiers was said to be the first victim of the Claremont serial killer. ABC

"Maintaining the operational integrity of this investigation is paramount if we are to bring the offender, or offenders, to justice, therefore operational outcomes must be prioritised over media and public interest.
"Media reports on an active investigation can seriously jeopardise the investigation and negatively impact future prosecutions."

Acting Assistant Commissioner Pryce Scanlan later read the prepared statement to reporters and media cameras, but would not answer questions about the case.

Premier Colin Barnett said he hoped it was the breakthrough police and the victims' families had been waiting for.

"The police have persisted in this, I don't know any more details, but I hope this does lead to further lines of investigation, because this has been a long time, 20 years now since those young girls disappeared," he said.

Post editor Bret Christian said the link would not come as a surprise.

"When the Claremont series began, we went to an ex-FBI profiler in the United States and put the four crimes to him," he told Fairfax Radio.

"And he said, 'I would be looking thoroughly at that first sexual assault. I think that's your bloke.'

"I published this and we got criticised roundly for it and publicly for publishing this opinion, which turned out to be right."

Mr Christian said as far as he knew, police had not identified the man responsible for the 1995 rape, but had re-interviewed thousands of people since originally making the link a number of years ago.
"What's really chilling is that when they [the police] began a cold-case review of the serial killings in 2004 ... they announced they would be examining the disappearance of 16 women," he said.

"So who knows how active and for how long this guy has been before this."
Investigation spans two decades

The Claremont serial killings paralysed Perth and sparked one of the biggest murder investigations in Australia's history.


Jane Rimmer
Jane Rimmer's body was the first to be found, in bush in Perth's southern suburbs. ABC

The Macro task force was established by police early on in an attempt to solve the mystery.
Senior officers leading the task force publicly focussed their attention on a handful of suspects, including a middle-aged public servant who lived with his parents in Cottesloe.

There have been more than 10 independent reviews of the Claremont investigation by expert crime fighters from the eastern states and around the world.

In 2008, police released previously unseen video footage of a man seen with Ms Rimmer just minutes before she disappeared.

The CCTV vision showed Ms Rimmer standing outside the Continental Hotel when a man approached her and engaged in a brief discussion.

Police said the man was the only one in the footage they had not been able to identify, but described him as a person of interest, not a suspect.

Senior officers also said in 2008 that up to 3,000 people had been investigated as part of the Macro probe.

The Macro task force remains active, two decades after Sarah Spiers disappeared.


More on this story:

Police defend Claremont serial killer investigation

Police release footage of Claremont murder victim

Claremont investigators defend delay in releasing video evidence

Police slam Claremont serial killings book

Officers reviewing Claremont investigation admit to feeling public pressure

Claremont killings raid yields 'items of interest'

Ciara Glennon's father welcomes investigation review

Claremont killings raid yields 'items of interest'
THU SEP 09, 2004

http://mobile.abc.net.au/news/2004-09-09/claremont-killings-raid-yields-items-of-interest/2040544

The investigation into the Claremont serial killings has identified several items of interest as a result of last month's raid on the house of a Perth taxi driver.

The head of the Macro Task Force says it is hoped new tests will produce a lead in the eight-year investigation.

Detectives are conducting a comprehensive review of the disappearance of Sarah Spiers, and the murders of Jane Rimmer and Ciara Glennon.

They have seized computer gear and two vehicles from the taxi driver's Embleton home.

That property has now been returned but Detective Sergeant Martin Crane says forensic scientists have identified some items of interest that are under examination.

"At the end of the day they may well prove negative or they may prove positive in some aspect, which could be the breakthrough that we're seeking," he said.

The Macro Task Force boss says a raid in April on two Cottesloe homes linked to the prime suspect failed to yield any positive results.

An independent review of the Macro investigation is due to take place in November.

Claremont review police feel public pressure
FRI NOV 05,  2004

http://mobile.abc.net.au/news/2004-11-05/claremont-review-police-feel-public-pressure/580038


A detective appointed to review one of Western Australia's biggest murder investigations admits he is feeling pressure to achieve results.

A four-person panel will look at the evidence of the eight-year-old Claremont serial killer investigation to determine what course it should take.

The Macro Task Force was formed after Sarah Spiers, Jane Rimmer and Ciara Glennon disappeared from the centre of Claremont in 1996 and 1997.

This year the former police commissioner Barry Matthews ordered an independent assessment of the case in the hope of making a breakthrough.

Detective Inspector Russell Oxford, from New South Wales Police, says it is very difficult to predict the outcome of the review.


"I think there'll be a lot of pressure on us, I think there'll be a lot of expectations and I just hope we can acquit ourselves," he said.'

The panel, which consists of detectives from the United States and other parts of Australia, arrives in Perth next week and will spend a month on the case.

Police defend delay in releasing video evidence
SAT AUG 16,  2008

http://mobile.abc.net.au/news/2008-08-16/police-defend-delay-in-releasing-video-evidence/2684332

West Australian police have defended their decision to not release video of a man seen with one of the victims of the Claremont serial killer just minutes before her disappearance.

The man is captured on closed circuit security vision talking to 23-year-old Jane Rimmer around midnight on June 9, 1996.

Police are now preparing to release the 12-year-old vision, but questions are being asked as to why it has not been made public sooner.

The State Opposition Leader Colin Barnett has voiced his concern, particularly at initial indications that police were planning to release the video in a pay TV documentary, rather than to the general media.

"Look I find it surprising that any footage that could help to solve these crimes has not been made public and I find it really staggering that it would only be released to one media outlet," he said.

"The Claremont Murders were just one of the great tragedies of Western Australia," he said.

"I live in Claremont. It's my electorate, I know the families, I know the effect on them and I know the effect on the surrounding community," he said.

But police are saying they will release the video to all media, and are also defending the decision to not release it sooner.

In a statement, police state that the vision has been shown to 700 people as part of the inquiry, but never released publicly because of concerns it would narrow the focus of the inquiry.

It goes on to say, the investigation has been the subject of numerous reviews, including a major external review in 2004, which did not recommend the vision be released.

Police describe the man in the video as a person of interest, not a suspect, but say he needs to be ruled in or out of the investigation.

Police slam Claremont serial killings book, Devil's Garden by Debi Marshall

WED MAY 23, 2007

http://mobile.abc.net.au/news/2007-05-23/police-slam-claremont-serial-killings-book/2556170



The Deputy Police Commissioner says the release of a new book about the Claremont serial killings will jeopardise the police investigation into the murders.

Police claim the book 'The Devil's Garden' is full of errors, makes malicious allegations and is insensitive to the victim's families.

The book criticises the police investigation into the serial killings but Deputy Commissioner Murray Lampard says none of the reviews which have been held found the inquiry was flawed.

Mr Lampard says the book contains details which should be kept confidential.

"It's certainly has put information out into the public arena and people that would certainly be people of interest to us would be able to access information that normally the public would not have".


There are claims by various people investigating the Claremont Serial Killings and other disappearances and murders of young women in Perth and Western Australia, that there are Freemason links.
For example the place where two of the bodies were found appear to be in a 180 degrees age form each other and are on a straight line from the Continental Hotel in Bayview Terrace, Claremont.

Some Freemasons i the UK have spoken out to journalists and book writers such as the late Stephen King and his book the Brotherhood and Martin Short and his book Inside The Brotherhood, 
about the Satinistic side of Freemasonry that is mainly known about and practised at the top level of Freemansonary ...
When one signs up on the lower level of Freemasonary, one is asked if they worship a single God or Single Creater of the Universe...
If the answer is yes... then that ion one of the steps one has to go through to be approved to be able to join Freemasonary..

However, some Freemasons who have reach the higher levels of Freemasonry who are dedicated Christian and worship Jesus Christ, thinking that when they join Freemasonry at the lower level,
 that there would be no conflict in their Christian beliefs with the beliefs that are involved in Freemasonary... however when they get to the higher levels of Scottish Rite Freemasonary such as a 30th, 31st, 32nd and/or 30th Degree . ....
they discovered that their Christian beliefs where not in line with what Freemason belief at their top level as to who is the actual God they worship...

For more on this -please see:

http://www.inlnews.com/FreemasonHistoryExposed1.html



http://www.inlnews.com/Freemason-TheBrotherhood.html

Claremont serial killings: Accused man Bradley Edwards in second court appearance

http://www.abc.net.au/news/2017-01-25/claremont-serial-killer-accused-bradley-robert-edwards-in-court/8210792

By Joanna Menagh  25^th January, 2017

The man charged over the infamous Claremont serial killings has made his second court appearance in Perth, with the case adjourned for eight weeks.

Bradley Robert Edwards, 48, is accused of murdering Jane Rimmer in 1996 and Ciara Glennon in 1997 — two of the three women who disappeared during separate nights out in Claremont. Edwards is also accused of the rape of a 17-year-old girl in 1995 and the indecent assault of another woman in 1988. Bradley Robert Edwards is not facing any charges relating to Sarah Spiers, who disappeared from Claremont in January 1996.

Edwards appeared in the Stirling Gardens Magistrates Court this morning, in front of Magistrate Jan Whitbread via video link from Hakea prison. He sat quietly, showing no emotion, but often twitched his fingers. Edwards was wearing a green shirt and glasses.

There were more than 30 people in the public gallery, some there simply out of interest for the case that shocked the community.

Edwards did not enter pleas to the charges against him.

State prosecutor Carmel Barbagallo said there had been discussions with Edwards' lawyer and an adjournment was requested so that documents could be provided to the defence. Ms Barbagallo also said the defence needed to take further instructions from their client.

He was remanded in custody until his next court appearance on March 29.

Before his arrest Bradley Robert Edwards was president of the Belmont Little Athletics Club in suburban Perth. 

Accused 'Claremont serial killer' faces Perth court, has case adjourned

Heather O'Neal

Heat

http://www.watoday.com.au/wa-news/accused-claremont-serial-killer-to-front-court-20170124-gty0sw.html

JANUARY 25 2017

Dressed in prison greens and glasses with his hair neatly trimmed and his hands clasped together, the accused Claremont serial killer made his second appearance in court on Wednesday, with interest in the case so intense his hearing was moved to its own courtroom.

The 48-year-old Kewdale man is charged with the murders of Jane Rimmer, 23, and Ciara Glennon, 27, in 1996 and 1997 respectively.

He has also been charged with the rape of a 17-year-old girl in Claremont in 1995, and the indecent assault of an 18-year-old woman in a Huntingdale home in 1988.

Former Western australian assistant police Commissioner

John Caporn resigns from the Western Australian Police

http://www.watoday.com.au/wa-news/caporn-resigns-from-wa-police-20090211-8443.html

FEBRUARY 11 2009

Former Western australian assistant police Commissioner

John Caporn resigns from the Western Australian Police

Joseph Sapienza

A senior police officer who was stood down for his involvement in the wrongful conviction of Andrew Mallard has resigned from the force to accept an executive role at the Fire Emergency and Services Authority.

Assistant commissioner Dave Caporn was stood down from police duties along with fellow assistant commissioner Mal Shervill following a Corruption and Crime Commission inquiry into the Mallard conviction.

Mr Mallard was wrongly jailed for 12 years over the murder of Mosman Park jeweller Pamela Lawrence in 1994. The overturning of his conviction led to the CCC inquiry, after which acting commissioner John Dunford registered two opinions of misconduct against Mr Caporn.

Police Commissioner Karl O'Callaghan today accepted Mr Caporn's resignation from WA Police, which was a decision entirely of Mr Caporn's making.

"As he is no longer a serving officer, the current evaluation by police of the findings against Mr Caporn by acting CCC commissioner Dunford with regard to Andrew Mallard will cease immediately," Mr O'Callaghan said.

"No further action will be taken and I wish Mr Caporn well with his new career."

Mr O'Callaghan said the police evaluation of the findings against Mr Sherville in the Dunford Report would continue.

He remains stood down from duty pending the outcome of that evaluation.

Mr Shervill's contract as assistant commissioner expires at midnight on February 19 this year after which his rank will return to the rank of superintendent.

O'Callaghan cancels internal inquiry on David John Caporn

http://www.watoday.com.au/wa-news/ocallaghan-cancels-internal-inquiry-on-caporn-20090211-84g0.html

West Australian Police Commissioner Karl O'Callaghan has cancelled an internal review into an assistant commissioner, after he resigned from the force to take up another public service position.

David Caporn, who headed an investigation which led to the wrongful conviction and jailing of Andrew Mallard for the murder of Mosman Park jeweller Pamela Lawrence in 1994, was stood down by Mr O'Callaghan last year.

It followed a finding by the state's Corruption and Crime Commission (CCC) that the then-detective had engaged in misconduct during the bungled investigation.

Mr Mallard is suing Mr Caporn and other police officers, the state, the police commissioner, the police minister and others for damages over his conviction and 12-year jailing for Ms Lawrence's murder.

It was revealed on Wednesday that Mr Caporn, whose contract expired on the same day, had accepted a job with the WA Fire and Emergency Services Authority (FESA) as executive director of community development.

The CCC findings - that he provided incorrect and misleading information to a police prosecutor in relation to the care of Mr Mallard - will not be investigated by police.

http://www.news.com.au/national/western-australia/former-detective-of-claremont-serial-killer-case-defends-dud-taskforce-against-criticism/news-story/8adcb534340a273f35d867c4ce76c028

Former detective of Claremont serial killer case defends “dud” taskforce against criticism

DECEMBER 25, 2016

THE former head of the Macro task force into the Claremont serial killer is hoping and praying for more information about missing woman Sarah Spiers.

Breaking his long-running silence on the cold case, David Caporn said he had not stopped thinking about Ms Spiers and the other two women who went missing from Claremont in 1996 and 1997, even after he left the police service in 2009.

Bradley Robert Edwards was last week charged with the murder of Ciara Glennon and Jane Rimmer. No charges have ever been laid over Ms Spiers’ death and her body has not been found.

Mr Caporn, who headed the taskforce between April 1997 and February 1999, also defended the Macro Taskforce’s handling of the investigation which has been criticised for focusing on the wrong prime suspect for two years.

“Hardly a day goes by without me thinking about the families of Sarah, Jane and Ciara. I hope and pray that more will come to light about Sarah,” he said.

RELATED: Cold case search goes on

 

THE former head of the Macro task force into the Claremont serial killer, Dave John Caporn, has defended the taskforce’s investigation.

A 2007 book called The Devil’s Garden suggested detectives had botched the inquiry, singling out Mr Caporn for “tunnel vision” by focusing on another man as a prime suspect.

Labor MP John Quigley told Parliament in November 2008 that it was a “dud” investigation.

But Mr Caporn was unapologetic on Sunday, saying the investigation did not focus on another man in the early days or have him as its sole focus.

“The taskforce commenced investigation in June 1996, five months after the disappearance of Sarah (Spiers),” he said.

Caportn said the man “did not come to the attention of the task force until several months after the disappearance and then discovery of Ciara’s body.

Sarah Spiers, Jane Rimmer and Ciara Glennon all disappeared in similar circumstances from the suburb of Claremont in Perth. 

   Sarah Spiers

    Jane Rimmer
 
Ciara Glennon

“The taskforce had already been investigating for over 18 months on a massive scale before we even started any inquiries about him.

“The allocation of resources to pursue any particular line of inquiry was always based on ‘what was known at the time.’

“And at that time, the only way we could eliminate persons of interest was by alibi.

“Alibis become harder to lock down the more time that passed, so the legwork by detectives on each and every reasonable person of interest was enormous.”

Mr Caporn left his fulltime role as head of the taskforce in February 1999 when he became substantive superintendent at Major Crime. He maintained some involvement in the taskforce until 2001 when he was appointed to head up Operation Zircon into the Lathlain bombing.

In August 2002 he led the West Metropolitan command and in 2004 was appointed assistant police commissioner. He was temporarily stood down on full pay in 2008 over his role in the wrongful conviction of Andrew Mallard in 1994. He left the police service in 2009 and is now semi-retired.

There was no evidence of police searches at the home owned by accused Claremont serial killer Bradley Robert Edwards in Kewdale on Sunday, or at a Madora Bay home once owned by his parents.

Flowers and a homemade card were left at the Wellard bushland area where murder victim Jane Rimmer’s body was found in August 1996.

PP Robert Cock to step aside

Chalpat Sonti

http://www.watoday.com.au/wa-news/dpp-robert-cock-to-step-aside-20090713-diko.html

Director of Public Prosecutions Robert Cock is to step down from the job he has held for nearly 10 years, in a reshuffle that will see another high-profile bureaucrat shunted from her position.

But the Government has yet to talk to the man slated to fill in for Mr Cock, hoping he will accept the role when they ask him today.

The outspoken Mr Cock will take on a new role as special counsel to the Government, Premier Colin Barnett said today.

Mr Cock's deputy, Bruno Fiannaca, will be approached to take over as acting head of the DPP while a worldwide search is conducted for a permanent replacement.

Robert Cock has stepped aside as WA Director of Public Prosecutions. 

The outspoken Mr Cock will take on a new role as special counsel to the Government, Premier Colin Barnett said today.

Mr Cock's deputy, Bruno Fiannaca, will be approached to take over as acting head of the DPP while a worldwide search is conducted for a permanent replacement.

Barnett becoming 'increasingly secretive'

However, Attorney-General Christian Porter conceded he was unsure if Mr Fiannaca would accept. "Bruno will be spoken to today about his willingness to act as acting director," Mr Porter said. "I would envisage his response would be yes." Mr Barnett said Mr Cock would have three key aims in his new role, which would last up to 18 months. One would be to oversee a merging of the positions of public service commissioner and public service standards commissioner, at present held by Mal Wauchope and Ruth Shean respectively. Dr Shean was appointed by former Premier Alan Carpenter in 2007, but Mr Barnett said both jobs overlapped and it was "logical" to merge them into one. Dr Shean would eventually "hopefully take up a very senior role in the public service", he said."I would suggest she is capable of leading one of the very major government departments." Mr Cock would also oversee long-flagged changes to widening the powers of the Corruption and Crime Commission, to ensure it focused more on organised crime. He would also finalise legislation dealing with lobbyists. Mr Cock will begin his new role once an acting director is appointed.   

RELATED CONTENT

• WA's new top prosecutor revealed
• Cock under investigation for Butcher case remarks

DPP rejects 'inexperience' claims

Joseph Sapienza

http://www.watoday.com.au/wa-news/dpp-rejects-inexperience-claims-20090320-9495.html

MARCH 23 2009

The Director of Public Prosecutions has lashed out at claims his office is still reeling from the departure of a dozen senior staff five years ago.

Robert Cock has strongly dismissed suggestions there is inexperience amongst his current crop of prosecutors, following recent high-profile trials that have resulted in acquittals.

He also said the WA DPP office had a conviction rate of 60 per cent, which was above the national benchmark.

And according to Mr Cock, each of the prosecutors in three highly-publicised trials that ended in not-guilty verdicts were fully resourced and given sufficient time to thoroughly prepare their cases for a jury.

Late last year, 43-year-old Johnny Montani, was found cleared of the wilful murder of Kevin Woodhouse outside the Bayswater Waves Leisure Centre back in May 2004.

Kyle Hayward, 18, was found not-guilty of slaying 32-year-old father of two Jay Wragg with a cricket bat following an emotion-charged trial.

Then in the biggest case so far this year, a father and his two sons were found not-guilty by a jury on eight of nine charges relating to a brawl that saw Constable Matthew Butcher seriously injured after being felled from behind by one of the sons.

These acquittals shone the spotlight over whether prosecutors at the Office of the DPP had the time and resources to build compelling cases to convince the juries beyond reasonable doubt that the defendant had in fact committed the crime.

Legal sources contacted by WAToday.com.au pointed the finger squarely at the Office, saying the exodus of experienced staff had created the problem.

But Mr Cock told WAToday.com.au that despite 16 per cent of his staff leaving the DPP in 2004, staff leaving has had no impact on the day-to-day running of his office.

About 12 to 14 lawyers - including Lloyd Rayney and Philip Urquhart - left the DPP "over the course of a few months and that was dreadful...but we were never reeling as such".

Mr Cock then revealed staff had left to pursue other opportunities in law and other areas. He stressed none had left because they were "disgruntled" with his office.

"That (figure of 16 per cent) was higher than I ever noticed before," he said.

"That was five years ago now, and we've had nothing like that attrition rate since.

"Now it's down to about three-to-five per cent, that's not very much and it's almost too low.

"Some people are suggesting you need replenishment in the organisation, and it's sometimes said that if you don't have some regeneration and some vacancies, then people can't progress and lose enthusiasm.

"And as it turns out my senior lawyers have been stable for several years."

Leading the DPP is Mr Cock himself, along with Bruno Fiannaca and Ken Bates.

Below them are consultant state prosecutors, comprising of Simon Stone, Dave Dempster and Brent Meertens, followed by Linda Petrusa and Alan Troy.

"Really, there have only been two senior people who've left the DPP in the last 12 months," Mr Cock said. Prior to that, he added, Joe Randazzo left to become a magistrate.

WA attorney-general Christian Porter was also once a member of the DPP, but Mr Cock said he took great pride in seeing his former charges excel in other areas of society.

"I encourage my staff to aspire for political office or to become a barrister, it's terrific for them," he said.

"Certainly it's not the case that people are leaving and going home all disgruntled, rather people have developed and done very very well and I can't see any other way in running an office properly."

One legal practitioner who did not wish to be named said the DPP was "inexperienced", but Mr Cock labelled that as a "very subjective assessment".

He did acknowledge that he could not offer the same salaries as his counterparts in Sydney - who have "half a dozen" QCs in their stables - but he was happy with the current structure of his office.

"I'd love to do that (hire QCs) but the reality is they're not going to work for me because of the money I pay," he admitted.

"I don't pay the same amount as that in Sydney. So I'm obviously not going to be able to get the number of QCs as I'd like.

"I'd like some more high-level lawyers, but my salaries are not attractive and it's as simple as that.

"Obviously I would like more money, but I'm also a realist and I also get disturbed when the hospital system is deficient and when the education system is deficient.

"My overall structure is virtually what I want.

"There's a couple of people I'd like moved. With two or three exceptions my structure is pretty much right so far as my resources and my workloads are concerned."

In the best illustration yet to prove to critics the DPP - with its 110 lawyers - struggled to compete against the tough-talking defence silks, Mr Cock revealed WA was performing stronger than any other DPP in the country in securing convictions.

"My conviction rates at the moment is just over 60 per cent where the accused goes to trial," he said.

"It used to be down around 48 per cent two years ago but it's pretty much stopped at 60 per cent.

"Nationally that's higher than the average of other DPP offices. In New South Wales, it's been around 50 per cent for several years.

"So I certainly think we're better than the national average and that's because we really do try hard to review our cases and put the right people on them."

He said of the 700 trials that take place annually, about 300 are acquittals.

"That's the way it is. I have to live with that," he said.

"It's a jury question, we put the evidence to the jury and they make a decision and sometimes, they say we're not satisfied.

"You just can't guarantee outcomes."

 

 

 
Robert Cock has stepped aside as WA Director of Public Prosecutions. 

 

 

$340,000-a-year role a 'thankless' job

Joseph Sapienza

JULY 15 2009

http://www.watoday.com.au/wa-news/340000ayear-role-a-thankless-job-20090714-djyo.html

The newly-vacated position of Director of Public Prosecutions is a "thankless" job that comes with a lot of stress and pressure, according to a prominent Perth lawyer.

Earlier this week, Premier Colin Barnett said Robert Cock QC was stepping down from the position he has held for the past decade to take on a new role as special counsel to the State Government.

It is understood Attorney-General Christian Porter will be casting the net far and wide to find a suitable replacement for an unenviable job that comes with its fair share of scrutiny and pressure - despite the reported $340,000 a year salary.

Late yesterday afternoon, a spokeswoman for Mr Cock said senior prosecutor Bruno Fiannaca had accepted the temporary role of DPP.

"Bruno is happy and honoured to accept the opportunity to again act as DPP," she said, in reference to when Mr Fiannaca acted in the position for a month after last Christmas when Mr Cock was on annual leave.

However, Mr Cock "does not think it is his place to speculate on the identity or source of his successor", she said.

One legal source, who agreed to speak on the condition of anonymity, said regardless of where the new DPP came from, the successful applicant would be getting themselves into a high-pressure environment who would not be able to please everyone with their decisions.

"I don't think where (the new person) comes from is important," the lawyer said.

"If you have local people you know their reputation, integrity and they are tried and tested.

"The position is such a political position with lots of stress and pressure (and) not many people would want that kind of position. It's a thankless job."

The lawyer then rattled off some of the key criteria Mr Cock's replacement must have in tow if they are to hold down the DPP fort on St Georges Terrace.

"(The new DPP) must have unquestioned integrity, standing, fair play, and a reputation to make the right decision and to stand by that decision and not give into political or community pressure," the legal source said.

"You cannot please everyone all the time."

WA Law Society president Dudley Stow acknowledged it was a "big job for someone to take on" but he was pleased that Mr Cock was moving onto new challenges.

He believed Mr Porter - with his previous experience in the law - was well-equipped to make the right selection that would meet the rigorous demands of the justice system.

But Mr Stow did not expect the permanent position to be filled by a local.

"The DPP has got to be adequately resourced and and led with high legal and good management skills, and that person may be here, but I suspect possibly not," he said.

"I wouldn't object to someone from the eastern states or overseas, but it might be difficult to attract an overseas candidate.

"We as a society are very pleased there will be a new person appointed. I think Mr Cock has been there for 10 years and that's long enough."

Mr Stow said the DPP needed to be "refreshed" with new skills, leadership, ideas and thoughts, adding "it was time for Robert to move on".

Former deputy police commissioner Murray Lampard - who has worked closely with Mr Cock in the past - was full of praise for the outgoing DPP and he defended his handling of the Andrew Mallard affair.

Professor Lampard, who is now professor of public safety with Edith Cowan University, said Mr Cock had "enormous integrity and ethics" and he also showed great compassion and understanding for victims of crime.

"He has always tried to continually improve the justice system to make sure the standards for carriage of justice are high," Professor Lampard said.

"I congratulate him on an excellent career."

On the DPP's involvement in the wrongful imprisonment of Mr Mallard, the academic said attracting criticism was always part of the job when people were in such high office.

"But decisions that Robert Cock makes are always underpinned by integrity and ethics and he believes he has made the right decisions in those instances," he said.

"It's always healthy to move on and let someone else take the reins. He did a very good job while he was there and I'm really pleased for him that he is semi-retiring.

"He has shown enormous courage fighting serious throat cancer, he has soldiered on and showed great courage under very dire circumstances.

"I'm pleased he's done fantastic public service."

Robert Cock has stepped aside as WA Director of Public Prosecutions.

Cock under investigation for Butcher case remarks

Chalpat Sonti

http://www.watoday.com.au/wa-news/cock-under-investigation-for-butcher-case-remarks-20100202-naf0.html

FEBRUARY 3 2010

One of WA's top lawyers is under investigation over remarks he made after one of the state's most high-profile cases.

Government special counsel Robert Cock, a former Director of Public Prosecutions, is being investigated by the Legal Profession Complaints Committee after he lashed out at the trial judge's handling of the defence counsel for three men charged over the assault that left policeman Matthew Butcher partially paralysed.

Former Western Australia Director of Public Prosecutions Robert Cock

In an interview with WAtoday.com.au in March last year - just after Robert, Barry and Scott McLeod were acquitted on all but one of the charges - Mr Cock said Judge Robert Mazza had trouble controlling the trio's Melbourne-based QCs.

"In any event, (prosecutor Simon Stone) tried to stop (Colin) Lovitt and (Robert McLeod's lawyer Con) Heliotis in cross-examination and the judge overruled him," Mr Cock, speaking as DPP, said.

"And that's a judicial problem and the judge couldn't control them."

Mr Cock stood down as DPP in July last year, and took up the newly-created special counsel role shortly after. He did not respond to a request for comment yesterday.

 The WA Bar Association asked WAtoday.com.au for the recording of reporter Joseph Sapienza's interview with Mr Cock after the story was published, specifically seeking the quoted remarks about the judge and defence counsel.  After that proved unsuccessful, the website was asked for the same by the Committee. The Committee refused to elaborate on the reasons for the request. WAtoday.com.au managing editor Roy Fleming was recently issued with a summons to provide the recording. The Committee has the power to commence proceedings against lawyers before the State Administrative Tribunal if it considers legal practitioners may be guilty of unsatisfactory professional conduct or professional misconduct. If found guilty, the lawyer can be fined up to $25,000 by the SAT, suspended or restricted in practising law, reprimanded or ordered to pay compensation, or reported to the Supreme Court, where they can be suspended or struck off. Alternatively, if the Committee is satisfied that the lawyer would likely be found guilty by the SAT, but considers they are "generally competent and diligent", it can exercise its own diciplinary powers. These include reprimands, fines of up to $2500, compensation, or orders to seek and implement advice about the management and conduct of their practice.The Committee must dismiss the complaint if it finds no reasonable likelihood that the lawyer would be found guilty by the SAT, or it is in the public interest to do so.

The Director of Public Prosecutions Robert Cock. 

RELATED CONTENT

DPP Robert Cock to step aside

Cock lashes out at Butcher case jury

Joseph Sapienza

http://www.watoday.com.au/wa-news/cock-lashes-out-at-butcher-case-jury-20090320-94ch.html

MARCH 23 2009

The Director of Public Prosecutions has taken a swipe at the jury that was selected for the Matthew Butcher assault trial, claiming it failed to properly represent the breadth of the community.

Robert Cock has also defended the resourcing and staff of the DPP in unsuccessfully prosecuting Barry, Scott and Robert McLeod, saying prosecutor Simon Stone was "exceedingly competent" and more than equal to the high-priced Melbourne silks who he went up against.

Speaking a few weeks after a jury acquitted the McLeods over their role in a brawl outside a Joondalup tavern last year which left Constable Matthew Butcher seriously injured, Mr Cock said he believed the lack of a "properly reflective" jury caused the controversial verdicts

This, he said, was a result of so many people pulling out of serving on the jury in the marathon trial.

RELATED CONTENT

"I have the strong view that it was the absence of a properly reflective jury (properly reflective as in community attitudes) that caused that verdict," Mr Cock told WAToday.com.au.

He supported plans by Attorney-General Christian Porter to help curb the 65 per cent of people who offer "flimsy" excuses to get out of jury duty.

Western Australian Premier Ciolin Barnett becoming 'increasingly secretive'

Chalpat Sonti

http://www.watoday.com.au/wa-news/barnett-becoming-increasingly-secretive-20090714-djor.html

JULY 14 2009

Moves to sideline one of WA's most senior public servants by abolishing her watchdog role are "a major step backwards", the Opposition says.

Public sector standards commissioner Ruth Shean will soon lose her title after Premier Colin Barnett announced her oversight role would be merged with that of public sector commissioner Mal Wauchope.

The move, which Mr Barnett said would remove wasted overlap, will be overseen by another public servant moving jobs, director of public prosecutions Robert Cock, who will become special counsel to the Government.

But acting Opposition leader Roger Cook said abolishing Dr Shean's position would reduce accountability.

"(It) is a major step backwards," Mr Cook said.

"For all his talk of being open and accountable, (Mr) Barnett is presiding over a closed and increasingly secretive Government."

The office of public sector standards commissioner was established following the Royal Commission into WA Inc and ensured ethical and accountable behaviour in the bureaucracy, Mr Cook said.

"It is ludicrous to suggest that the new office of public sector commissioner, which answers directly to the Premier, will be independent and able to critically scrutinise the Government."

It followed moves by the Government to abolish the State Supply Commission, which oversees public sector spending. 

That department has been absorbed into Treasury, one of the agencies it is supposed to monitor.

"People who used one of the excuses had jobs, other commitments and holidays and the only ones that were left were people with no commitments or no jobs," he said.

"With great respect to that class of person, they probably aren't reflective as the rest of us.

"Most of us have jobs, have busy lives and all those sorts of people who have life experience because they're an employer and they're active in the community were excused, and you're left with the people who aren't - students and housewives."

Mr Cock would not elaborate on the practice of challenging jurors, but he did feel Judge Robert Mazza in the McLeod trial released too many jurors.

"I think the major problem was the number of jurors the judge set aside," he said.

"Up to a dozen people I understand were released because of their other commitments and I think that was a more significant explanation as to why we didn't have a properly-representative jury."

He added the jury that was selected for this case was limited to a particular group of people and this posed a major problem to the trial.

"Once you have a group of people who don't properly reflect the breadth of our community, you really have a problem with the validity of the outcome because it's not really a jury that appears at all, it's a jury of a narrow group of people and I think that causes potential problems."It may have caused a problem in this case - I've seen some of the evidence and it looked like a pretty strong case to me."

He also criticised an accused's right to silence when being questioned by police over an offence, claiming it was a "real impediment" to the prosecution during the trial.

He urged Mr Porter to introduce legislation similar to the Police and Criminal Evidence Act in England and Wales, which permits the prosecution and the judge to be circumspect about what the accused says at a trial if they did not say anything at the time they were first arrested.

The McLeods and Kyle Hayward - during his trial for the murder of Jay Wragg - chose to give evidence at their respective trials despite using their right to silence when being interviewed by police on the first occasion.

"That's a real impediment, and that may have also contributed to the difficulty in prosecuting," Mr Cock said.

In the McLeod case, which ballooned out to six weeks, the DPP's third most senior prosecutor Simon Stone was assigned the case.

The McLeods were charged with assaults on four police officers while Barry McLeod was also charged with endangering the life of Constable Butcher.

Mr Stone told the jury during his opening remarks that video footage which captured parts of the brawl, including the Butcher incident, was "compelling evidence".

The jury did not agree, and acquitted the men of all but one charge. Scott McLeod was fined $4000 after being found guilty of threatening to kill the civilian, Jason Winship, who filmed the incident.

Mr Stone, who has been with the DPP for about 15 years, is described as "exceedingly competent" by Mr Cock.

"He's a very competent counsel who's appeared against Melbourne silk before in cases in the Supreme Court - he's no weak operator, he's a very competent prosecutor," Mr Cock said.

"The trial went for six weeks which I thought was twice as long as it should have gone for, and that was because you had three QCs in the court.

"Put another QC in the court and it would have gone for nine weeks because QCs want to talk."

He suggested Judge Robert Mazza had trouble controlling the bullish defence counsels for the three men, particularly Barry McLeod's lawyer Colin Lovitt QC.

"In any event, Simon tried to stop Lovitt and (Robert McLeod's lawyer Con) Heliotis in cross-examination and the judge overruled him. And that's a judicial problem and the judge couldn't control them.

"It revealed to me that at least the judge was having trouble controlling Colin Lovitt.

"But the police have expressed happiness with the way Simon conducted the case. Not one complaint was raised about an absence of resources and the case was competently prosecuted.

"I have views as to how we lost it, and I think it is entirely a consequence really of the jury. Juries make these decisions, and we can't make up the jury the way we'd like."

 

Western Austraian Premier Colin Barnett focus of CCC complaint

Chalpat Sonti

JULY 13 2009

http://www.watoday.com.au/wa-news/barnett-focus-of-ccc-complaint-20090713-dimd.html

Premier Colin Barnett has revealed he is the subject of a complaint to the Corruption and Crime Commission over undisclosed links between his son and a mining entrepreneur.

The complaint relates to Mr Barnett's conduct in seeking to have The Cliffe, a Peppermint Grove property owned by legendary prospector Mark Creasy, removed from the register of state heritage places.

The property, in Mr Barnett's Cottesloe electorate, was taken off the register in May last year after the then Liberal backbencher advanced a motion in the Legislative Assembly following an approach from Mr Creasy. 

His colleague, now Energy Minister Peter Collier, advanced a similar motion in the Legislative Council.

Mr Barnett said the complaint alleges he took up the cudgels for The Cliffe to benefit his son, Russell Barnett, the chairman of a public company in which Mr Creasy is a shareholder.

He did not name the company but Russell Barnett is chairman of publicly-listed technology company Freedom Eye, based in Bentley. Mr Creasy's Yandal Investments is the major shareholder in Freedom Eye.

"The complaint is false, it is spurious, bordering on the bizarre," Colin Barnett said.

"My son has had absolutely no involvement in my actions as the Member for Cottesloe in seeking to remove The Cliffe from the register. His company has had no involvement in The Cliffe."

Mr Barnett said he expected the matter to be dealt with by Parliament's privileges committee.

"I don't know what the CCC is going to do. I suspect they're probably not going to investigate it. They see it as being within the providence of the Parliament."

He made no apologies for agitating for the removal of The Cliffe from the register.

"Having taken time to walk through The Cliffe ... I would not sleep a night in that building. In my view it's unsafe," he said.

Mr Barnett said he also took particular exception to his son being brought into the complaint.

Russell Barnett told聽WAtoday.com.au聽he rejected and denied all the "baseless and untrue" allegations against both himself and Freedom Eye.

He was surprised by the complaint, which he had been made aware of only recently.

Freedom Eye chief David Sparling said the company "reject and deny" all of the claims made in the complaint.

The company would take "whatever action (it deemed) necessary and appropriate to protect the company from "adverse commercial consequences", Dr Sparling said.

The Cliffe, built in the 1890s, gained fame in the late 1970s when iconic Perth rock band The Triffids used it to record several albums. Band members David and Robert McComb's family owned the property at the time.

A group has been set up to save the house from demolition, but member, and Fremantle councillor, John Dowson said it was not behind the complaint.

"It was total news to me," he said.

"(Colin Barnett) doesn't seem to want to admit he's made a mistake on this one, but I can't imagine he would have made a decision based on his personal interests."

The Peppermint Grove Shire was due to discuss The Cliffe's fate some time this week.聽

Mr Dowson said he hoped "someone" would make Mr Creasy an offer to buy the property and then restore it.

Another senior MP accused of delisting heritage property

http://www.watoday.com.au/wa-news/another-senior-mp-accused-of-delisting-heritage-property-20090714-djz2.html

JULY 14 2009

Senior West Australian MPs from each of the major parties are now facing misconduct allegations over the delisting of a heritage property with rock star connections.

Just hours after acting Opposition Leader Roger Cook called for Premier Colin Barnett to stand aside as minister overseeing the state's corruption watchdog because of a complaint made against him, former Labor heritage minister Michelle Roberts revealed she was also the subject of a complaint. Mr Barnett disclosed on Monday that a complaint against him had been lodged with the state's Corruption and Crime Commission (CCC) following parliamentary approval of the delisting of a heritage council order on a Perth home.

The Cliffe, a Peppermint Grove mansion that lies within Mr Barnett's Cottesloe electorate, was the childhood home of members of the Australian rock band The Triffids, the late Dave McComb and his brother Robert McComb. The owner of the property, millionaire prospector Mark Creasy, has fought a lengthy battle to remove the property from the state's heritage register so it can be developed. Mr Creasy is a shareholder of Freedom Eye, a company chaired by Mr Barnett's son and Cottesloe constituent Russell Barnett.

Colin Barnett said he was informed on June 30 of a complaint that he had a conflict of interest in seeking the removal of The Cliffe from the heritage register.

But he said he was unaware of the association between his son and Mr Creasy until after the complaint was made. 
Mr Cook said on Tuesday morning that the premier should stand aside as the minister for the CCC while the issue was live.

``It is not tenable that you have this live issue of allegations into the premier's conduct while you have the Corruption and Crime Commission reporting directly to the premier,'' he said. But Mr Cook later called another news conference to reveal the opposition had learned Mrs Roberts was the subject of a complaint to the CCC in relation to the same matter. ``I've had the opportunity to catch up with Michelle briefly by phone since she is travelling at the moment and she's informed me that she understands that she is not at liberty to talk about the nature of the allegations that have been made against her,'' Mr Cook said. Mr Cook said he understood the complaint against Mrs Roberts was about her conduct as heritage minister and speeches she made on the The Cliffe issue in parliament. ``My understanding is that Michelle is of the view she acted entirely in accordance with her obligations as minister of the crown, that there was no obligation upon her to disclose any of the vast array of information which would have been presented to her as a minister informing her view,'' Mr Cook said. In a separate matter last year, when she was heritage minister, Mrs Roberts was questioned over an inner-Perth heritage property she part-owned.

Mrs Roberts had allowed the property to drop off the state's interim heritage list because, as minister, she failed to permanently list them within 12 months.

The complaint against Mr Barnett has been passed on to the Speaker of the Legislative Assembly, Grant Woodhams, who must decide if the matter will be dealt with by a parliamentary privileges committee.

A CCC spokesman said that under the CCC Act, it was not the commission's role to investigate the matter. 
He said the premier had not breached any privacy provisions by revealing the allegations.

AAP

Barnett cleared over Cliffe allegations

Chalpat Sonti

http://www.watoday.com.au/wa-news/barnett-cleared-over-cliffe-allegations-20090917-fsxs.html

SEPTEMBER 17, 2009

Colin Barnett has been cleared of any impropriety over his conduct surrounding controversial Peppermint Grove heritage mansion The Cliffe.

Mr Barnett and Labor MP Michelle Roberts, the former Labor heritage minister, have been cleared by Parliament's聽procedures and privileges committee聽over the removal of The Cliffe from the State register of heritage places.

The Cliffe in Peppermint Grove was the childhood home of two members of The Triffids.

FRIDAY, OCTOBER 8, 2010

ANDREW MALLARD: FINDINGS OF FINDINGS AND RECOMMENDATIONS OF CRIME AND CORRUPTION COMMISSION REPORT. TAMPERING WITH FORENSIC REPORTS BLASTED;

http://smithforensic.blogspot.ie/2010/10/andrew-mallard-findings-of-findings-and.html

"The opinions as to misconduct may be summarised as follows.

1. That Det Sgt Caporn engaged in misconduct in writing the letter to the Police Prosecutor dated 17 June 1994 containing incorrect and misleading information.

2. That Det Sgt Shervill engaged in misconduct in requesting Mr Lynch to amend his reports by deleting all reference to the salt water testing.

3. That Det Sgt Shervill engaged in misconduct in bringing about the alterations to the statements of various witnesses without any reference to their earlier recollections.

4. That Det Sgt Caporn engaged in misconduct in bringing about the alterations to the statements of various witnesses without any reference to their earlier recollections.

5. That Det Sgt Shervill engaged in misconduct in making false entries in the Running Sheets relating to the amendments to the witnesses’ statements.

6. That Det Sgt Shervill engaged in misconduct in failing to disclose to the defence the original statements of the witnesses including Mr Lynch’s original report and details of the unsuccessful attempts to locate a weapon capable of inflicting wounds similar to those found on Mrs Lawrence.

7. That Mr Kenneth Bates engaged in misconduct in running the trial on the basis that a wrench as drawn by Andrew Mallard was the murder weapon,but, at the same time, failing to put Andrew Mallard’s drawing to Dr Cooke and asking whether the deceased’s injuries were consistent with the use of such an instrument.

8. That Mr Kenneth Bates engaged in misconduct in failing to disclose to the defence the pig’s head testing of the wrench or ensuring that it had been disclosed by the police."

SUMMARY OF FIMDINGS OF CRIME AND CORRUPTION COMMISSION REPORT: THANKS TO DR. BOB MOLES. NETWORKED KNOWLEDGE;

BACKGROUND ON THE ANDREW MALLARD CASE: Wikipedia informs us that: Andrew Mallard is a Western Australian who was wrongfully convicted of murder in 1995 and sentenced to life imprisonment. He was released from prison in 2006 after his conviction was quashed by the High Court of Australia. Mallard had been convicted of the murder of Pamela Lawrence, a business proprietor, who was killed at her shop, on May 23, 1994. The evidence used in Mallard's trial was scanty and obscure, and it was later revealed that police withheld vital information from his defence team. Almost twelve years later, after an appeal to the High Court, his conviction was quashed, and a re-trial ordered. However, the charges against him were dropped and Mallard was released. At the time, the Director of Public Prosecutions stated that Andrew Mallard remained the prime suspect and that if further evidence became available he could still be prosecuted. In 2006 police conducted a review of the investigation and subsequently a cold case review. As a result they uncovered sufficiently compelling evidence to charge convicted murderer Simon Rochford with the murder of Pamela Lawrence and to eliminate Andrew Mallard as a person of interest. After being publicly named as a suspect, Simon Rochford was found dead in his cell in Albany Prison, having committed suicide. The Western Australian Commission on Crime and Corruption is currently investigating whether there was misconduct by any public officer (police, prosecutors or Members of Parliament) associated with this case. Evidence at the Trial: Mallard was convicted chiefly on two pieces of evidence. The first was a set of police notes of interviews with Mallard during which, the police claimed, he had confessed. These notes had not been signed by Mallard. The second was a video recording of the last twenty minutes of Mallard's eleven hours of interviews. The video shows Mallard speculating as to how the murderer might have killed Pamela Lawrence; police claimed that, although it was given in third-person, it was a confession. Mallard had no history of violence; no murder weapon had been found. No blood was found on Mallard, despite the violence of the murder and the crime scene being covered with it. Nor was DNA evidence produced. He was convicted on the confessions purportedly given during unrecorded interviews and the partial video-recording of an interview. Despite this, Mallard's appeal to the Supreme Court of Western Australia, in 1996, was dismissed. Investigation:In 1998, Mallard's family enlisted the help of investigative journalist Colleen Egan, who in turn managed to get John Quigley MLA and Malcolm McCusker QC involved. All were appalled at the manner in which Mallard's trial had been conducted and eventually came to be convinced that he was innocent. Based on fresh evidence uncovered by this team, including a raft of police reports that, against standard practice, had never been passed to the defence team, the case was returned to the Court of Criminal Appeal in June 2003. Despite the fresh evidence and an uncontested claim that the DPP had deliberately concealed evidence from the defence, the Court of Criminal Appeal again dismissed the appeal. High Court Appeal: In October 2004, Mallard's legal team were granted special leave to appeal to the High Court of Australia and on September 6 and 7, 2005, Mallard's appeal was heard in the High Court and the Justices subsequently judged unanimously that his conviction be quashed and a re-trial be ordered. During the hearing, Justice Michael Kirby was reported to have said that on one of the pieces of evidence alone - a forensic report, not disclosed to the defence, showing that Mallard's theory about the weapon used in the murder could not have been true - a re-trial should have been ordered. The DPP did not immediately drop charges against Mallard but did so six months later immediately before a directions hearing was due. After almost twelve years in prison, Mallard was released on February 20, 2006. However in announcing that the trial would not proceed the DPP stated: "Finally, I note for the record and for the future that this decision is made on evidence presently available to the prosecution. The discharge of Mr Andrew Mallard on this charge does not alter the fact that he remains the prime suspect for this murder. Should any credible evidence present in the future which again gives the state reasonable prospects of obtaining a conviction again, the state would again prosecute him." Documentary: A documentary titled Saving Andrew Mallard was directed by Michael Muntz and produced by Artemis International, focussing on Mallard's family, their struggle to have him freed, the deception undertaken by the original police investigation team and the evidence uncovered that eventually led to Mallard's freedom. It was first aired on Australian Broadcasting Corporation (ABC) Television on May 4, 2006. It was shortlisted for a Walkley Award and Michael Muntz won the Outstanding Achievement in Directing Award in the WA Screen Awards. The documentary's epilogue noted that the DPP still considered Mallard a prime suspect in their investigation at that time. Review of Investigation and Cold Case Review: Following the discontinuance of the prosecution by the DPP, the Commissioner of Police instituted a review of the investigation to establish whether there were sufficient grounds for a "cold case" review. The review quickly located a record of a palm print which matched that of Simon Rochford, who had confessed to murdering his girlfriend, Brigitta Dickens, on 15 July 1994, seven weeks after Mrs Lawrence was killed. The print had been found on the top of a display case in Lawrence's shop, which was significant, as it had been the practice of the shop staff to wipe the top of that case after each customer left. On this basis the review became a cold case review. The weapon used by Rochford to kill Dickens was a steel collar of the type used by weight lifters to secure weights to a bar. Rochford had attached the collar to a broom handle and used it to club Dickens to death. The actual collar could not be located in 2006 but its dimensions were known and a photograph was available. The shape and dimensions of the collar were consistent with the form of the wounds in Lawrence's skull. The photograph of the collar indicated that it was painted blue and a rucksack belonging to Rochford was found to contain blue paint flakes which were identical in chemical composition to those removed from Mrs Lawrence's wounds. Rochford's appearance, in particular his beard, was more consistent with the original accounts of eyewitnesses than was Mallard's. On May 12, 2006, five police officers were stood down by the West Australian Police Commissioner in relation to the original investigation into the murder. At about 7:45 am AWST on May 19, 2006, the body of Simon Rochford was discovered in his cell at Albany Maximum Security Prison by prison officers just hours after he had been named as "a person of significant interest" in the Pamela Lawrence investigation. On 11 October 2006 the Police Commissioner announced that the cold case review was complete, that Andrew Mallard was no longer a person of interest in relation to the case; that there was sufficient evidence to implicate Simon Rochford and that, if he had still been living the police would have prepared a Brief of Evidence against him for the WA Director of Public Prosecutions. The Police Commissioner apologised to Mallard for any part the police had played in his conviction. The Premier indicated that the government would be considering compensation, though the Attorney General stated that no decision could be made until the Commission on Crime and Corruption had completed its investigation. However, on 22 November 2006, the Adelaide advertiser carried an AAP story stating that Andrew Mallard had received A$200,000 as partial compensation. Commission on Crime and Corruption Hearings: The Commission on Crime and Corruption (CCC) announced that it was studying the report of the cold case review and would be holding public hearings in 2007. In the meantime it had asked the police to not release the full report, either to the public or within the police and, in particular, to ensure that police involved in the original investigation had no access to it. The CCC hearings into whether police and/or prosecutors behaved unethically or illegally in the Andrew Mallard case began on 31 July 2007. On 7 October 2008 the CCC announced its recommendations that disciplinary action be taken against two assistant police commissioners and the deputy director of public prosecution. In May 2009 Andrew Mallard was offered a payment of 3.25 million as settlement though the Premier of the state, Colin Barnett said that were Andrew to take civil action against those he held responsible for his wrongful conviction, the government would support any servant of the state in that event.

"Crime and Corruption Commission Report - summary of findings and recommendations paragraphs 76-78

The opinions as to misconduct may be summarised as follows.

1. That Det Sgt Caporn engaged in misconduct in writing the letter to the Police Prosecutor dated 17 June 1994 containing incorrect and misleading information.

2. That Det Sgt Shervill engaged in misconduct in requesting Mr Lynch to amend his reports by deleting all reference to the salt water testing.

3. That Det Sgt Shervill engaged in misconduct in bringing about the alterations to the statements of various witnesses without any reference to their earlier recollections.

4. That Det Sgt Caporn engaged in misconduct in bringing about the alterations to the statements of various witnesses without any reference to their earlier recollections.

5. That Det Sgt Shervill engaged in misconduct in making false entries in the Running Sheets relating to the amendments to the witnesses’ statements.

6. That Det Sgt Shervill engaged in misconduct in failing to disclose to the defence the original statements of the witnesses including Mr Lynch’s original report and details of the unsuccessful attempts to locate a weapon capable of inflicting wounds similar to those found on Mrs Lawrence.

7. That Mr Kenneth Bates engaged in misconduct in running the trial on the basis that a wrench as drawn by Andrew Mallard was the murder weapon,but, at the same time, failing to put Andrew Mallard’s drawing to Dr Cooke and asking whether the deceased’s injuries were consistent with the use of such an instrument.

8. That Mr Kenneth Bates engaged in misconduct in failing to disclose to the defence the pig’s head testing of the wrench or ensuring that it had been disclosed by the police.

The recommendations are detailed below.

1. That the Commissioner of Police give consideration to the taking of disciplinary action against Assistant Commissioner Malcolm William Shervill and Assistant Commissioner David John Caporn.

2. That the Director of Public Prosecutions gives consideration to the taking of disciplinary action against Mr Kenneth Paul Bates.

3. That consideration is given by the Commissioner of Police to making special provision for the interviewing by investigating police of mentally ill suspects.

4. That whenever there is legislation, fresh authoritative case law, or DPP guidelines which relate to the conduct of criminal investigation or the admissibility of evidence in such cases, senior police officers

affected by such matters be required to attend formal seminars or meetings at which they can be made familiar with such matters.

5. That whenever the police obtain advice from the Office of the Director of Public Prosecution such advice be furnished in writing setting out, at least, the material considered, the opinion and the grounds upon which such opinion is based; or in cases of urgency, a detailed contemporary note should be made, preferably by the DPP officer or his secretary, and also by the police, setting out the matters specified.

6. That Mr Andrew Mallard gives consideration to raising a complaint with the Legal Practitioners Complaints Committee (LPCC) regarding the conduct of the trial by Mr Bates.

[Division 3 of the Legal Practice Act 2003 deals with complaints made about legal practitioners. Section 175(2) specifies who can make a complaint to the LPCC including the Attorney General, the Legal

Practice Board, the Executive Director of the Law Society, any legal practitioner or any other person who has had a direct personal interest in the matter].

Finally the Commission acknowledges the efforts and expertise of those persons who were instrumental in securing justice and vindication for Andrew Mallard, especially Ms Colleen Egan, journalist, Mr Quigley MLA, Mr Malcolm McCusker QC, and Clayton Utz, solicitors, who acted pro bono."

-----------------------------------------------------------------------------------

The summary can be found at:

http://netk.net.au/Mallard/Mallard81.asp


PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

Harold Levy...hlevy15@gmail.com;

POSTED BY  HAROLD LEVY AT FRIDAY, OCTOBER 08, 2010

Accused cop David Caporn can keep new job

PAIGE TAYLOR, WA POLITICAL REPORTER

http://www.theaustralian.com.au/archive/news/accused-cop-david-caporn-can-keep-new-job/news-story/5f89de42a24ce4794fb9ff8bdad4a435?nk=e49092919de1cc9c9eec2cbdf9757331-1487185960

AN assistant police commissioner accused by the Corruption and Crime Commission of misconduct in the infamous murder trial of Andrew Mallard can not be disciplined and can keep his new $130,000-a-year job in the public service.

A disciplinary process was underway against David Caporn in February when he quit the West Australian police service for a job as the community development director at the states Fire and Emergency Services Authority.

But a report tabled in parliament today has recommended the Barnett government consider public sector reform to avoid a repeat after finding that Mr Caporns appointment is valid and the process commenced by the Commissioner of Police against Mr Caporn is unable to be completed.

Mr Caporn was a detective sergeant in 1994 when he headed the police investigation that led to the wrongful conviction of Mr Mallard for the murder of Perth mother Pamela Lawrence.

Mr Mallard spent 12 years in jail before the High Court quashed his conviction in 2005.

Retired NSW judge John Dunford QC investigated for the Corruption and Crime Commission and, in his opinions, said Mr Caporn engaged in misconduct in bringing about alterations to the statements of various witnesses without any reference to their earlier recollections.

Mr Dunford also said Mr Caporn provided incorrect and misleading information to a police prosecutor in a letter dated June 17 1994. He recommended disciplinary proceedings but not criminal charges.

The report by the Public Sector Commissioner Mal Wauchope tabled today found the FESA interview panel deliberately decided not to contact Mr Caporns boss, Police Commissioner Karl OCallaghan, when doing referee checks.

The report stated that the head of the interview panel, FESA chief executive Jo Harrison-Ward, had been a work colleague of Mr Caporn for about 28 years and was likely to have been aware of the process commenced by the Commissioner of Police following the recommendations of the CCC (Corruption and Crime Commission).

In the report the Public Sector Commissioner wrote that in situations where the applicant was the subject of adverse opinions by the states corruption watchdog, it could be said to be of particular importance that the opinion of the applicants current boss were sought.

FESA issued a statement this afternoon welcoming the findings of the report which confirm FESAs appointment of Mr David Caporn was valid and that the processes and procedures used by FESA were appropriate and in accordance with public sector recruitment and selection.

"FESA is committed to high ethical standards and has already acknowledged there were additional steps that could have been considered to tighten the procedures and have now incorporated these measures into their processes", the statement reads.

Mr Wauchope's report recommends that the Barnett governments current public sector reform program consider options for dealing with unresolved disciplinary matters where there has been a change of employment from one government agency to another.

THE DEVIL'S PLAYGROUND THE CLAREMONT SERIAL KILLINGS BY DEBI MARSHALL

Updated on October 14, 2011

http://spicyhit.com/en/literature/the-devil-s-playground-the-claremont-serial-killings-by-debi-marshall

Video of the mystery man. The last person to see Jane Rimmer alive

The Devils Garden Author Debi Marshall Missing and never found- Sarah Spiers Found murdered in the bush near Wellard, Jane Rimmer Found murdered in the bush north of Perth, Ciara Glennon. Video of the wanted mystery man Hayley Dodd, missing feared murdered- she may be a victim of the same serial killer The three girls, all abducted and murdered Corrupt cop David Caporn Mark Dixie, a suspect murdered his girlfriend Sally Anne Bowman murdered by Mark Dixie

An inept police force unable to stop a killer

This book is a literary documentary by investigative journalist Debi Marshall into the Claremont Serial Killings Police Investigation in Perth in Western Australia. To this day the killings which occurred in 1995/6 have never been solved.

In 1995 three girls went missing in the wealthy, fairly serene and innocent, leafy outer western suburb of Perth, Claremont. Sarah Spiers, 18, went missing on 26 January 1996.On 9 June 1996, Jane Rimmer, 23 went missing and was found dead at Woolcott Road at Wellard on August 1996, she was a child care worker.

Her body was found on 3 April, near a track in scrub off  Pipidinny Road in Eglinton, a northern suburb of Perth. All spent a Friday or Saturday evening at both the Claremont Hotel and Club Bayview a nightclub close by. On 14 March 1997, Ciara Glennon, a 27-year-old lawyer

A twist though is that CCTV in club Bayview picked up Jane Rimmer talking to a mystery man who has never been identified. All the hundreds of other people in the club that night were identified, hunted down and interviewed. The mystery man was the last person to see her alive and police are still searching for him.

It is thought at least three other girls were also possible victims of the Claremont Serial Killer. 22 year old Julie Cutler went missing in 1988 from the same area. Her Volkswagen car was bizarrely found floating in the surf at Cottesloe beach the day after she went missing, she was never seen again. 17 year old Hayley Maree Dodd went missing in Badgingarra on, a country town about 50 kilometres west of Perth in 1997, while hitching a ride on the road.

Circumstances- Hayley made a telephone call at 10.30am on Thursday 29/7/1999 and was given a lift by a lady to the North West Road, Badgingarra, WA. She was then sighted by a motorist on the North West Road walking towards the farm where she was going at 11.35am on the same day. That was the last sighting of her. At the time of her disappearance she was wearing, light brown hiking boots, blue denim jeans, black v-neck top, grey men's jacket with a hood, silver sunglasses and carrying a light brown backpack with the word " EQUIP" on the flap.

The book covers the controversial, and sometimes ridiculous methods the police used in their search for the Claremont serial killer. Initially it was thought the girls were taken by a taxi driver, so the police interviewed and took DNA samples from every taxi driver in Perth. There were over 1500 of them. Police then had local businesses print, and donate wanted, and information posters in regard to the horrific crime, and had them handed out or posted all over Perth. This author owned a company called Eureka printing at the time and donated 10,000 posters.

The state government then introduced a one million dollar reward, and the Macro Taskforce was formed. Headed by Detective Paul Ferguson, who later had to resign from this position, as he was charged with the rape of two prostitutes and later acquitted. He was later accused of stealing a dealers drugs, and again nothing happened to him. The next head of the task force was corrupt cop David Caporn.

Controversially and rather stupidly this taskforce invited members of the public to ring in and nominate suspects. These mostly innocent people were then interviewed and DNA tested, in other words harassed. There were over 4000 suspects! . I was later nominated as a suspect and interviewed and DNA tested only to be cleared and then 15 years later interviewed again and cleared in June, 2011 as were another 2000 innocent men! I am not happy about it.

The ironic part about this is I was living in Perth at the time of course and had rung the police nominating a suspect of my own. A promiscuous, eccentric, lawyer mate of mine had started acting rather suspiciously. He had come to my home at 4 am one morning and broke down crying drunk in front of my wife and I, claiming he had killed somebody, but when questioned further he would not elaborate.

The matter was forgotten until much later, when this bloke’s wife informed me that he had been at Club Bayview and the Claremont Hotel the nights all three girls went missing. He also had in his possession a replica 9mm Beretta which I had lent him. I reported all this to the police and he was investigated but refused to provide DNA or account for his whereabouts on the nights of the killings and abductions. He is still a suspect to this day. This author has since had discussions with the author of this book, Debi Marshall and made a full written statement to her.

David Caphorn the head of this investigation then focused his attention on a male public servant caught suspiciously cruising the streets of Claremont late at night several nights in a row. This person was relentlessly followed and harassed by police for weeks. He was questioned at length and his house was searched and his car and phone bugged. He was innocent. He is still a suspect. The investigation into this man was badly thought out, blinkered and hampered by the tunnel vision of Detective David Caphorn.

Detective Caphorn had a history of this type of behaviour. In later years he had negative findings registered against him by the West Australian Crime and Corruption Commission for framing an innocent man for murder. Andrew Mallard served 12 years in jail before they realised he was innocent and had been framed, eventually they found the real killer Simon Rochford, who had already been convicted of murdering his girlfriend and was in jail. He killed himself when they found out about the second murder.

The police then continue to harass another innocent Perth resident Claremont psychiatrist Peter Weygers, also the lord Mayor of Claremont who had been critical of police publicly. A twist in the story is that he was a suspect because he was renting his house out to a taxi driver mate of his, who because of his suspicious actions, had attracted police attention, and was a leading suspect.

This story has some weird and interesting twists and turns, and when you think you have heard it all the police make a shocking revelation. When asked by the author it they had DNA material from the murder crime scenes to compare DNA they were collecting from suspects, the answer was a positive no. Why then had they spent thousands of man hours and millions of dollars harassing the frightened, and totally innocent men of Perth?

The answer was that in the future, the police hoped that science and technology may have advanced to the point where they could extract DNA from crime scene exhibits they held from the killings. This was a huge long-shot and showed how totally helpless and inept the police and the investigation really was.

In October 2006, it was announced that Mark Dixie (AKA Shane Turner),who was convicted in the United Kingdom for the 2005 murder of 18-year-old model Sally Anne Bowman is a prime suspect in the killings, and the WA Police's Macro Taskforce has requested DNA samples from Dixie to test against evidence taken during the enquiry.

Debi Marshal fell out with the police in a big way over this book. The story is so sad and frustrating but one that must be told. Nobody has ever been caught for these killings but as mentioned above the police are still questioning innocent men by the thousands and have no idea what they are doing. Well investigated. Well written and well worth a read.

A fantastic story about a serial killer on the loose in Perth, Western Australia

The Devil's Garden: The Claremont Serial Killings by Debi Marshall (2007-06-01) Buy Now 

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Comments 8 comments

Andrew 3 years ago

I sent information to the police, but it's been ignored. I give you one name and one clue.... drug dealer.... Stockely Davis

Clarise 3 years ago

I am English, and believe you must look at serial killer Mark Dixie who is in Long Lartin prison Worc's to rot for the rest of his vile day's take a good look at this sociopath. He was in Perth at this time, also girls would have accepted a lift from a man with an English accent.

Parkie 3 years ago

East of Parkie amphitheatre..

Parkie 3 years ago

Oops I mean West..

wildchild1962 3 years ago from Geraldton Author

Parkie, what exactly is west of Parkie Ampitheatre, be more specific, what are you telling us? How far West? That's a big area be more specific

eyes 23 months ago

I will write my own book about Claremont serial killer and I bet it would be more accurate when done 

New technology brings justice to Perth teen who was raped ten years ago

Phil Hickey

http://www.watoday.com.au/wa-news/new-technology-brings-justice-to-perth-teen-who-was-molested-ten-years-ago-20170215-gudfsk.html

FEBRUARY 15 2017

Major advancements in DNA technology have helped convict a man over the sexual assault of a six-year-old Perth girl more than a decade ago.

Roland George Stayt, 49, committed the offence in January 2006 at a park in Medina, south of Perth.

Advancements in DNA technology has led to Roland George Stayt being convicted and jailed.  

But it was not until 2014 that Stayt was charged when a review of the case file led to a breakthrough.

Using advanced technology systems, police were able to extract a new DNA profile from the victim's clothing which was linked to Stayt.

The 49-year-old landscaper was arrested in July 2014 and charged with sexual penetration of a child under 13.

On Wednesday in the WA District Court Stayt was jailed for four years and six months. He pleaded not guilty, but a jury found him guilty of the offence following a trial late last year.

The court was told Stayt sexually assaulted the then six-year-old at the Medina park during a tee-ball game.

The girl had gone into a block of toilets to fill up a water bottle, where he assaulted her. Neither knew each other.

Police investigated the case at the time and tested the girl's underwear for DNA but could not find a match.

Police have confirmed the case was one of the very first unsolved sex offences to be re-investigated by a new WA police unit using new technology.

"This case was one of the first identified for re-examination under the (then) new program of review of unsolved historical serious crimes, initiated by WA Police in 2014," Acting Superintendent Peter Branchi said on Wednesday.

"Seeking to take advantage of the significant advancements in forensic technology in the period since the physical exhibits were originally examined in 2006, investigators submitted the material for further forensic analysis in 2014.

"As a result, a DNA profile was identified and matched to a profile on the WA DNA database.

"WA Police is committed to investigating historical unsolved serious crimes, no matter how old they are and will continue to utilise forensic technology as it evolves."

In a statement released to the media, the girl's mother said her "family was extremely grateful that justice had been served."

"When my daughter was assaulted all those years ago the police did everything they could to find the person but could not find him. So we tried to put it all behind us. Two years ago we were so shocked when the police (called) to say they had found the person," the mother said.

"Although the process was long and it took its toll on our whole family, we couldn't have asked for better support from everyone involved including child witness services, the prosecutor and the police. We are thankful that the police re-opened this case and the perpetrator is now in jail."

At Stayt's sentencing on Wednesday, the court heard he had previously been jailed for three years for child sex related offences in 2009.

He suffered a brain aneurism at the age of 18 and suffered from depression. The court was told he was a "low to average" risk of reoffending.

Judge Stephen Scott said sexual offences against children in the community were "alarmingly prevalent."

"The long-term effect on victims is considerable," he said.

"The community needs to be aware...that there is never any excuse for sexually abusing a child and those who act in this way and steal the innocence of children in a sexual manner will be properly punished.

"Children in our community should not be at risk in this way, when they are participating in activities in which they should surely be safe."

Stayt's four-year sentence was backdated to December 5, 2016 and he was made eligible for parole.

Extract from Hansard -  [ASSEMBLY - Thursday, 27 November 2008]

 p631b-640a

http://www.parliament.wa.gov.au/Hansard%5Chansard.nsf/0/b52e1a6529eecb9a482576e400115ead/$FILE/A38%20S1%2020081127%20p631b-640a.pdf

Mr John Quigley;

 Acting Speaker;

 Ms Alannah MacTiernan;

Dr Kim Hames

[1] ADDRESS-IN-REPLY Motion Resumed from an earlier stage of the sitting.

Mr J.R. QUIGLEY:
In 1998-99 that peanut Falconer, that little turnip from Victoria, who had been given the job as Commissioner of Police, together with Caporn said, “He’s the man.” I will continue if I may.
  The police absolutely convicted Lance in the pages of The West Australian. A decade later it has come out that the police do not believe he is the prime suspect. They advanced that finding on the basis that Lance had failed a lie detector test. They kept from the media and from the press benches the fact that 12 other persons of interest had failed the lie detector test as well because that did not suit their story against Lance. It is absolutely shameful. The police had all of Perth believing that Lance was the murderer.
They destroyed his life just as they destroyed Mallard’s life.

 It is no coincidence that after locking up Mallard within two weeks of the death of Mrs Lawrence,
 Caporn was considered the whiz-kid.

They sacked a real copper from macro, Detective Sergeant Paul Ferguson, who the member for Murray-Wellington would vouchsafe is a real copper, and put on this impostor who said, “Lance is the man.” Because of his capacity to solve difficult murder cases, he rocketed up through the police force to the rank of assistant commissioner and was eventually in charge of terrorism laws. God help us all that a person such as that could be put in charge! He does not even have the confidence of the Commissioner of Police to have his contract renewed to be an assistant commissioner. That is foreclosing on other consequences he might face. This would never have been exposed had it not been for the decision of the former Attorney General to grant the petition for Mallard to let the matter be litigated before the court. The Attorney General will soon receive a petition from another person who was convicted of murder after a Caporn investigation. I am referring to Gary White, who was convicted of the murder of Anthony Tapley from DNA evidence and statements gathered by David Caporn. We read in The Sunday Times last week that a new DNA expert from Britain has come forward and said that the DNA results that were presented to the jury in White’s case, when read properly, did not even provide evidence that it was the deceased’s DNA. This was kept from the jury. This presents an interesting challenge for the Attorney General, to see whether he does what the former Attorney General did, which was to send it off to the Court of Appeal to let the Court of Appeal decide, or whether the current Attorney General adopts the position adopted by the last conservative Attorney General, Hon Peter Foss, QC, when he knocked back Mallard’s petition and said, “Back to jail for the rest of your life, Mallard.” I hope that when the White petition comes forward to the Attorney General he, having spoken to senior practitioners in this city, gives it due consideration, and finds that it meets with his favour and is not struck down. I appreciate that the current Attorney General comes to this Parliament with a high reputation for integrity and legal knowledge, but he is burdened somewhat by conflict because he comes from the office of the Director of Public Prosecutions: the same DPP, whilst he was in the employment of the office, who went down and opposed these appeals and opposed White’s application for leave to the High Court. It might be seen in some quarters, unfortunately, that if White’s petition were to be rejected by the Attorney General, that this might be some sort of cover-up on behalf of the office of the DPP in not wanting this matter to go forward to be reviewed by the Court of Appeal because it involved work colleagues of the Attorney General.

 MR J.R. QUIGLEY (Mindarie) [11.44 am]: In my Address-in-Reply speech I wish to touch on law and order and justice issues particular to my electorate but also of relevance to the whole state of Western Australia. There has been some publicity of recent times concerning a confrontation between me and certain corrupt police officers. The Premier laughed. Of course, the Premier understands that my family was a victim of attack. The Premier understands that my family was a victim of crime, and I was a victim of that crime as a result of my performance as a parliamentarian. Whilst I have been ragged a bit — Mr M.J. Cowper interjected.

Mr J.R. QUIGLEY: Could that copper from Australind just bail out of this argument for a while. Mr M.J. Cowper: What evidence? Mr J.R. QUIGLEY: That copper from Australind is going off again—lazy man. I was under attack. That former policeman from Australind has never said one thing about me being a victim of crime, and has not spoken out against the criminals —

The ACTING SPEAKER (Mr J.M. Francis): Order, member for Mindarie! I ask the member to refer to other members in the house by their seat, in accordance with the standing orders. Mr J.R. QUIGLEY: The member for Murray, being a former policeman, has not expressed —

 Point of Order Mr M.J. COWPER: My point of order is that my title is member for Murray-Wellington. The ACTING SPEAKER: There is no point of order. Debate Resumed

Mr J.R. QUIGLEY: The member for Murray-Wellington, that former policeman, has never spoken one word of criticism against the criminals who attacked my family home. All he has done is come into this chamber and rag me. That is all he has done. He is as useless in here as he was in Australind. Following this attack, I was very privileged to receive—I am very grateful for this—communications from the Commissioner of Police over the past week and from the president of the Western Australian Police Union. One of the concerns in my electorate, as the member for Wanneroo knows, was the review by the police service of the Two Rocks Police Station. As I have said on a previous occasion, the member for Wanneroo was present at a public meeting in Two Rocks when this issue was raised and the concerns were raised. Since that time, it is to the Commissioner of Police’s lasting credit that he personally travelled to Two Rocks and, after looking at Two Rocks and Yanchep, paid me the courtesy of a visit at my electorate office to personally reassure me of his commitment to maintain a police station in the Yanchep-Two Rocks locality. It was a very cordial meeting, and a range of matters were discussed. I have also received a number of phone calls from the president of the Police Union over the confrontation I have had with corrupt elements within the police service. They have been very, very fruitful discussions. They asked me why I said there were corrupt elements in the police service, and I said, “Well, I can prove it by documents.” I took them, as I will take the chamber, to a document, being a report written about me and carried in “InsideCover” on 18 October 2006. I will read it. The corrupt officer, who was a gutless corrupt officer because he would not put his name in the newspaper—he went by the pseudonym of Doyle—was criticising the Corruption and Crime Commission, and in the process said that there is no way that the police would trust the CCC, but he went on to say — Doyle claims that two years ago police handed the CCC a file about a serving member of Parliament. It is alleged that the pollie made threats to a third party. “When the file was handed to the CCC, it was at the stage where all that was required was a few people to be interviewed, a few facts firmed up — Whatever that means — and a politician interviewed and charged,” … We know at the time that this corrupt police officer was speaking to The West Australian, the police had already been informed on two separate occasions by none less than the Director of Public Prosecutions of Western Australia that there was no charge to lay. I am sure that the member for Murray-Wellington would agree with me when I say that this was a blatant act of corruption practised against a member of Parliament by a serving police officer. The serving police officer would have had to be one of about five officers who were involved in the corrupt investigation of me on the false allegation that I had committed some offence. As I said, the police had already been told by the DPP that there was no offence to prosecute. Some police want to drag the state of Western Australia into a police state where police can go to the newspaper or any other media outlet and convict anyone that they cannot convict in a court, and destroy their life. This incident did great damage to me and to my family, including my late father, who had to read about it in the paper in 1991. He freaked out that his son was about to be charged. I assured him that there was no offence and another corrupt copper was using the media, as they do in a totalitarian society, to destroy people without any evidence. Another case of that happening involved Andrew Mallard, who was a vulnerable mental patient when the police found him in a mental hospital. The police went on TV and announced that they had got the murderer. We all know now that the person who led that investigation, Caporn, on the finding of the CCC, had nothing or very little and had altered the evidence. He went to witnesses and had them alter their statements, went to the forensic laboratories of Western Australia and had them alter a forensic report and had what is described in this document as “a few facts firmed up”. That is what the police were doing in the Mallard case and what they were going to do to me. They wanted to firm up a few facts, for which we should read “build a false case”. I have given this document to the Commissioner of Police and to the investigating officers. Actually, I did not hand it to Dr O’Callaghan when he came to my office last Friday; I referred him to it. I had given copies to the investigating officers and said, “If you want to find out who put the words ‘child molester’ on my front wall, it was not someone just walking down West Coast Drive, because they went to another street, found my boat and put the same defamatory words on that. It would have to be someone who had access to numberplates and registration details to know who owned that boat; that corrupt no-good copper Doyle or his mates.” I have the privilege of standing in this place and exercising privilege on behalf of the community. There is a wider issue here. A corrupt rogue element exists within the Western Australia Police force. That is beyond doubt. I have shown members the documents. It was an act of blatant corruption. If it was practised against anyone in this chamber, no matter where they sat in relation to the Speaker, I would be just as livid. I am glad it happened to me because at least I have the wherewithal to stand up to the police. As I said to these corrupt coppers on TV, I am no lay-down Sally. We learnt at Aquinas to row out the full 2 000 metres. I am not going to cave in from all this. I will now turn to more hapless people who have been the victims of this rogue element within the police force that is now trying its best to pull us into a state in Western Australia where the police rule that allegation equals conviction and destruction of families. I noticed in media reports last night and today that Lance is no longer the principal suspect in the macro investigation. How could this be? Mr J.E. McGrath: It should never have happened that they named suspects without any proper … Mr J.R. QUIGLEY: I agree. It presents a big challenge to this government. There is a reef of corruption within the police force. Not all police are corrupt. I have publicly apologised. In my anger after my house was defaced, I used language that was too wide and criticised all police. Of course I do not feel that way about all police. I have a lot of friends who are police and who are supporting me at the moment. They are ringing me and offering me support against the corrupt element that exists within their own service. I will take the example of Lance, the man mentioned in the macro case. I spoke to Lance’s father moments before standing to speak in this place. I was given his telephone number by Channel Nine. I did not want to come into this chamber relying on a media organisation for the facts before making a speech in this Parliament. Lance’s father told me that the police assured the father that they did not suspect the son of murder, the major crime attended upon him recently. It is no coincidence that the principal investigating officer of that case is the person who locked up Mallard—Caporn.

The ACTING SPEAKER (Mr J.M. Francis): I take this opportunity to remind the member for Mindarie that while he is obviously protected under parliamentary privilege, I just want to caution him of the consequences of naming people in this Parliament when they are not able to come back here and defend themselves. I am not stopping the member; I am just reminding him. Mr C.C. Porter: Member, just with respect to the Claremont serial killer suspect, was it not the case that the publication of that occurred via a media outlet rather than by the police?

Mr J.R. QUIGLEY: In 1998-99 that peanut Falconer, that little turnip from Victoria, who had been given the job as Commissioner of Police, together with Caporn said, “He’s the man.” I will continue if I may. The police absolutely convicted Lance in the pages of The West Australian. A decade later it has come out that the police do not believe he is the prime suspect. They advanced that finding on the basis that Lance had failed a lie detector test. They kept from the media and from the press benches the fact that 12 other persons of interest had failed the lie detector test as well because that did not suit their story against Lance. It is absolutely shameful. The police had all of Perth believing that Lance was the murderer. They destroyed his life just as they destroyed Mallard’s life. It is no coincidence that after locking up Mallard within two weeks of the death of Mrs Lawrence, Caporn was considered the whiz-kid. They sacked a real copper from macro, Detective Sergeant Paul Ferguson, who the member for Murray-Wellington would vouchsafe is a real copper, and put on this impostor who said, “Lance is the man.” Because of his capacity to solve difficult murder cases, he rocketed up through the police force to the rank of assistant commissioner and was eventually in charge of terrorism laws. God help us all that a person such as that could be put in charge! He does not even have the confidence of the Commissioner of Police to have his contract renewed to be an assistant commissioner. That is foreclosing on other consequences he might face. This would never have been exposed had it not been for the decision of the former Attorney General to grant the petition for Mallard to let the matter be litigated before the court. The Attorney General will soon receive a petition from another person who was convicted of murder after a Caporn investigation. I am referring to Gary White, who was convicted of the murder of Anthony Tapley from DNA evidence and statements gathered by David Caporn. We read in The Sunday Times last week that a new DNA expert from Britain has come forward and said that the DNA results that were presented to the jury in White’s case, when read properly, did not even provide evidence that it was the deceased’s DNA. This was kept from the jury. This presents an interesting challenge for the Attorney General, to see whether he does what the former Attorney General did, which was to send it off to the Court of Appeal to let the Court of Appeal decide, or whether the current Attorney General adopts the position adopted by the last conservative Attorney General, Hon Peter Foss, QC, when he knocked back Mallard’s petition and said, “Back to jail for the rest of your life, Mallard.” I hope that when the White petition comes forward to the Attorney General he, having spoken to senior practitioners in this city, gives it due consideration, and finds that it meets with his favour and is not struck down. I appreciate that the current Attorney General comes to this Parliament with a high reputation for integrity and legal knowledge, but he is burdened somewhat by conflict because he comes from the office of the Director of Public Prosecutions: the same DPP, whilst he was in the employment of the office, who went down and opposed these appeals and opposed White’s application for leave to the High Court. It might be seen in some quarters, unfortunately, that if White’s petition were to be rejected by the Attorney General, that this might be some sort of cover-up on behalf of the office of the DPP in not wanting this matter to go forward to be reviewed by the Court of Appeal because it involved work colleagues of the Attorney General.

Mr C.J. Barnett: That is an appalling claim. The member is a disgrace!

Mr J.R. QUIGLEY: I have not accused him of doing anything wrong, but alerting this chamber — Mr C.J. Barnett: The member has! Too smart, all innuendo.

 The ACTING SPEAKER (Mr J.M. Francis): I will repeat the caution again, member for Mindarie, that while you are protected by privilege, some people that you may refer to may not be able to come back into this chamber and defend themselves. I am not stopping the member, I am just cautioning him.

 Mr J.R. QUIGLEY: I thank the Acting Speaker for not stopping me. Mr C.C. Porter: Does the member for Mindarie take interjections?

Mr J.R. QUIGLEY: I am not taking interjections now, I have only got about five minutes to go. The minister will interject anyway. Those people that I am talking about are in the chamber and are able to comment. It is a challenging situation for the Attorney General; one that I am sure he will put his mind to. I hope that this matter is referred to the Court of Appeal because this conviction is of great concern to the defence bar of Western Australia, although I understand it is of no concern whatsoever to the office of the Director of Public Prosecutions, which has steadfastly, as it did in Mallard’s case, sought to hold the conviction and keep the innocent Mallard in jail. The office of the DPP, by its actions, managed to extend Mallard’s unfair term of imprisonment by a number of years—at least four. The government of the day, including the Premier and the minister, have a challenge before them. It is beyond reasonable doubt on the evidence—at least from what is in “InsideCover”, taken at its lowest—that there is a reef of corrupt officers running through the police force. That is unsurprising. [Member’s time extended.]

Mr J.R. QUIGLEY: When an officer—as lowly as he was; a detective sergeant—starts rocketing up through the police force on the basis of dud investigations, he does not do it by himself. He has to have a team around him and, as he goes forward, that team gets promoted as well. So it is unsurprising that they end up with a little cluster or a reef of corrupt officers around them who knew if they followed and supported Caporn, their careers  would elevate and they too would go up in the vortex. There is a challenge for the Commissioner of Police to root these corrupt friends of Caporn right out of the police force. It is going to be very hard. In relation to Doyle, what does the Commissioner of Police do?

 We know it is an attack upon a member of Parliament and I know that members opposite do not care because it is only me, but do not forget what they say: first they came for Quigley and I did not speak up, and then they came for me, Quigley, and no-one spoke up for me! He was speaking about the Jews at the time. This is absolutely the soft edge, where the encroaching police state starts to go. The media have a responsibility in this, too. I understand that the Attorney General has under consideration whistleblower legislation in the form of shield laws.
 I will make one point in relation to these shield laws. Staff from various media outlets in this city know that in principle I support shield laws. I think at times the media are some of the best people to ferret out information—information that public officials would like to keep from the public

. Staff from various media outlets in this city know that in principle I support shield laws. I think at times the media are some of the best people to ferret out information—information that public officials would like to keep from the public.

 They are very good at that, but if there were no shield laws, journalists would be exposed. In this particular case, Mr Morfesse wrote this article about me—there is no doubt it was about me—and the next day, the crime reporter Sean Cowan came to this Parliament and put to me that it was me and that they knew it was me. He then published an article the day after this happened. Fair enough, because if this was true and there were agencies, either the Director of Public Prosecutions or the Corruption and Crime Commission, corruptly protecting Quigley from a prosecution he deserved, then it was the right place for the paper to put it out on the table. Now The West Australian is in possession of further facts. The West Australian newspaper, its editor Mr Armstrong and its reporter Mr Morfesse, now know that they have been lied to by Doyle—their secret source. They now know that, by the time Doyle spoke to them accusing a member of Parliament of a criminal offence, the police themselves had been told by the DPP there had been no offence. Doyle did not tell The West Australian that. Doyle was intent on using The West Australian against a member of Parliament for the corrupt police officer’s own purposes. That is evidence of a police state. That is evidence that when a policeman can anonymously go to a media organisation—it could happen to any member—and tell a lie like this, that you are guilty of a criminal offence but no-one will prosecute you, that is evidence of a police state. Investigator, judge and jury—that is how Doyle casts himself.

 The West has now got a challenge before it. Is The West Australian going to protect a corrupt police officer? Is the family newspaper going to protect Doyle? Doyle attacked me and my family. Is The West Australian—which holds itself out as the family newspaper—going to protect Doyle’s identity? I can see the member for MurrayWellington shaking his head. The last thing he wants is The West Australian to give up the corrupt officer. The parliamentary secretary for police wants that corrupt officer protected. That is the state this democracy has come to. Look at the member for Murray-Wellington shaking his head, wearing his police badge on his lapel. He is not here as the member for Murray-Wellington; his main concern is to make sure that Doyle’s identity is never flushed out, that one of his mates is never brought to account. That is his concern. His concern was not that Rowtcliff was a corrupt officer, walking around Fremantle assisting Mallard to take drugs; his concern was that Rowtcliff was flushed out. That was his concern and that was his criticism of me because I flushed out a corrupt officer. He forgets to tell this chamber that before I did that I rang the DPP, Robert Cock, QC, and arranged a certificate of immunity for him. I rang Mr Michael Bowden, who was a defence solicitor at the time, before he was a judge, and arranged representation for him and I rang the police union to make sure the funding would flow through to Mr Bowden so that Mr Bowden could accompany Rowtcliff to the police royal commission and tell the truth. If he had told the truth and had not been corrupt, Mr Mallard would have been spared four years’ imprisonment. I did everything I could to look after Mr Rowtcliff in the sense of allowing him to tell the truth without exposing himself to prosecution; in other words, allowing the truth to come out to facilitate the release of a person who was 12 years into a 30-year prison term and who was not eligible for parole. He was not eligible for parole because he would not recant and admit the crime, and he would not go on the violent offenders program. Because he would not admit the crime and go on the violent offenders program, they took him to Graylands Hospital, put him in a straitjacket and injected him with psychotropic drugs. I asked Andrew when everything turned for him. He replied that it was when he was in Graylands Hospital in a straitjacket. He had been injected and he caught a glimpse of himself in the mirror with saliva dribbling down his chin and thought, “I’m going to die in here.” That was when it all changed for him. The Attorney General should bear this in mind when he is arranging compensation. I had dinner last night with one of Perth’s leading personal injury lawyers, who practises in both the Court of Appeal and the High Court. He assured me that because of the way the writ is pleaded, Andrew is entitled to a civil jury, which could strike the damages in this case. I will be very interested to see, after the trial with a civil jury, whether the average person in Perth agrees with me that Andrew Mallard is entitled to $10 million for the destruction of his life, and that Lance is entitled to compensation for what the police have done to him and his family. They tore up his backyard, searched for DNA and went to the media saying that Lance was the murderer. They then went quietly to his parents in November 2008 to say, “We’ve looked into this further and we’re satisfied as to his alibis. We think he’s a bit weird and his behaviour is unusual, but we’re satisfied that he’s not the murderer.” What has happened? We have a corrupt police officer running his own agenda, convicting people in the media and destroying families, and because of his success in doing this, he is promoted! They sacked Paul Ferguson. Does the member for Murray-Wellington know Detective Sergeant Paul Ferguson? He is a fine police officer. I know him, his family and all his history. He is a fine police officer, but he was sacked from the case because he was not advancing the case quickly enough. They wanted a quick result, and this Caporn chappie had got a quick result in the Mallard case, so they sooled him onto this case to sink Lance. They could not convict him in court, so they convicted him in the media. I do not know any more about the facts behind Mrs Rayney’s death than anyone else in this house. I am not any better informed, but I do know that what the police did was damnable. It was the same form again. They did what they did to Lance and Mallard. They announced that Mr Rayney was the prime and only suspect.

Mr M.J. Cowper: I will send out 4 500 DVD copies of your speech.

 Mr J.R. QUIGLEY: Good! The member for Murray-Wellington wants to send them out, because the people he wants to read that speech are the coppers who were involved in defacing my home, and he wants to ginger them up to do it again! What word of criticism has the member for Murray-Wellington spoken against those foul coppers who put Andrew Mallard away for life? Not one little whisper in this chamber. What word has he spoken against those criminals who graffitied my house—those mongrels who painted “child molester” so that my wife and children would read it in the morning? What word of criticism? Mr R.F. Johnson: Are you accusing police officers of doing that? Mr J.R. QUIGLEY: Absolutely! The minister has woken up—Doyle and his mates. They did not graffiti my wall on this occasion, they graffitied my name and reputation in The West Australian. What is the Minister for Police doing about it? Has he asked the Commissioner of Police what he has done to investigate the identity of Doyle?

Mr M.J. Cowper: Tell us who Doyle is.

Mr J.R. QUIGLEY: The member is the former copper; he is one of his mates. He should ask him. The Minister for Police should ask who this corrupt copper is.

The ACTING SPEAKER (Ms L.L. Baker): Order! Members should be careful.

Mr R.F. Johnson: Will you take an interjection, member?

Mr J.R. QUIGLEY: With two minutes to go, I will take it in the bar. The member is the Minister for Police. I can take it in the bar, because fortunately the bar is still open.

 Mr R.F. Johnson: If you truly believe this, have the guts to go outside and repeat everything you have said in this chamber.

Mr J.R. QUIGLEY: That is exactly what I was challenged to do after I made the Mallard speech. The Commissioner of Police challenged me to debate it on the steps of Parliament. I recently asked him whether he still wanted to debate the Mallard case on the steps of Parliament, and he said, “No, thanks very much.” He no longer wants to debate the performance of the police in the Mallard case on the steps of Parliament, but before he found out the truth about it, he wanted a debate. I have a lot of sympathy for the Commissioner of Police because he has around him a number of corrupt officers who are ill-informing and ill-advising him. That is why he ended up in such a puddle, standing down Caporn, bringing him back and standing him down again. He was receiving dud advice; they were lying to him. What did the Minister for Police do to protect a member of Parliament against defamation by a certain police officer? Nothing. He is a typical conservative who says, “Support the gendarmes at any cost, and lock up the poor.” Several members interjected.

MS A.J.G. MacTIERNAN (Armadale) [12.16 pm]: It is very hard to follow such a stellar performance. I want to take an opportunity that I have not had for the past eight years to talk a little about my electorate and particularly to raise an issue that, although it will not be presented with the full drama of the member for Mindarie’s speech, I nevertheless feel equally passionate about, and that is the plight of many young children in my electorate

. I first take the opportunity to thank the people of Armadale for their support. I have always taken my role as member for Armadale very much as a sacred duty to represent the people of Armadale and to ensure that they get their fair share of the state’s resources. I have worked very hard to discharge that obligation. I am very pleased that we have, during our seven and a half years in government, been able to reverse the past neglect of the lower end of the south east corridor. We have rebuilt pride and confidence in the community there, along with the infrastructure improvements that we have made.

 I sincerely hope that the projects we have put in place will continue to attract funding from the state government. I am sure the state government will continue with the Armadale Redevelopment Authority, but that will only be meaningful if the Armadale Redevelopment Authority receives a reasonable level of funding to enable it to undertake the projects that are necessary for the social transformation of the area. I want also to thank “Team Armadale”. The member for Collie-Preston spoke well on the issue of electorate officers, the work that they do for members, and how crucial they are to the success of members of Parliament. I have a tremendous team in Judith Lewis, Tina White and Roma Jeffrey. They have all been with me for the past eight years, and Roma has been a volunteer with us for more than 15 years.

 It is a fantastic group of electorate officers. Also our local Australian Labor Party branch is brilliant, led very ably by Tony Buti and Cath Coulthard—people who really believe in the Labor agenda and are prepared to get out and ensure that our message is delivered. Of course, we achieved a very good result. We have managed at each election to increase our margin. Even in the adverse circumstances of the last election we were able to get something of a swing to Labor. That was very pleasing and I thank all those people in “Team Armadale” for their contribution. The issues I want to raise today go fundamentally to the need for an improvement in educational outcomes in my electorate. In the first instance, I want to thank the previous Minister for Education and Training and the interest he showed in our schools and the commitments we were able to get for some of the capital upgrades that were needed. In light of the election commitments made by the current government there is grave concern that we will not get a fair and rational spread of investment in infrastructure for our schools. I think it is time we looked at a way of ensuring that some kind of objective process guides the investment into physical infrastructure of schools. In areas that are seen to be safe seats, it is sometimes very difficult for those areas to be necessarily given the attention they should get for those capital programs. It is a debate that we need to have. How do we ensure there is a proper, rational and fair allocation of that education infrastructure dollar across the state and that it not be directed towards achieving electoral outcomes? Mr C.J. Barnett: I take your point, but the history of education ministers from both sides of politics has actually been very fair in the way it has been done.

Ms A.J.G. MacTIERNAN: I am not saying it is absolutely outrageous, but I do say that I do not believe that it is as even-handed as it should be, particularly in areas in which parents perhaps lack the mobilising capacity that people in more middle class areas have. They lack confidence and, indeed, even lack the knowledge of just what is being delivered elsewhere. Those people do not agitate with the same vigour as others because they may not even be aware of how badly they are doing vis-a-vis other areas, so they do not get the attention they deserve. Obviously, it is part of the role of the local member to drive that, but there is an inequality in the capacity of those communities to agitate on their own behalf. That indicates to me the importance of undertaking an analysis of this. I would be very interested if, indeed, the education committee would like to take up the prospect of looking at how we can determine a very fair process so that the infrastructure investment is actually made on need and not electoral advantage. The second issue is the fact that we have not in any serious way, at either a state or federal government level, come to terms with what we must do to overcome disadvantage to deal with the chronic, now becoming intergenerational, problems that are occurring in many communities. The science is absolutely clear on this. Whether we read Fiona Stanley’s book, watch the excellent program on the ABC, Life at Three, read J. Fraser Mustard’s work or any other neurological research, it is absolutely crystal clear that by the age of three years the neural architecture of a child is set. This affects the child’s capacity to learn and to integrate into society. Longterm health studies have been undertaken. A very interesting American paediatrician was brought to WA by Parkerville Homes a couple of weeks ago. His view was that the setting of the neural architecture has major health impacts 50 years later. Incidents of type-2 diabetes, obesity, hypertension et cetera are all linked to poor early development. Most critically and most urgently, what is very evident—it is happening in schools in my electorate—children aged 4, 5 or 6, many of whom do not attend the preschool programs, do not know basic words. Forget not having a book read to them, they cannot even do basic preschool exercises such as following instructions to put their hands on their shoulders, on their heads et cetera because, although they have not been born with an intellectual disability, they have not acquired the basic rudiments of language. The figures are absolutely horrific. In some schools in my electorate, more than 50 per cent of the students require speech therapy. What is going on here? There will always be students who require speech therapy for a range of reasons, but when in some schools more than 50 per cent of students require speech therapy, we know that something is going wrong. Mr C.J. Barnett: I do not think you are suggesting it, but that is not necessarily related to the school problem.

Ms A.J.G. MacTIERNAN: It affects the school. Mr C.J. Barnett: It affects learning. Ms A.J.G.

MacTIERNAN: I am saying this is what happens when children present at the school. Mr C.J. Barnett: Yes; I agree.

 Ms A.J.G. MacTIERNAN: This is what teachers are trying to deal with. Mr C.J. Barnett: Okay. Ms A.J.G.

 MacTIERNAN: As I say, there are some absolutely brilliant teachers who are extremely committed. Some schools in my electorate are difficult-to-staff schools. However, some teachers have stayed there for up to 20 years and longer because they will not leave these kids. They know how critical their role is. They could go and teach at a school in a leafy green suburb but they do not; they want to stay and assist. There is no issue about whether there is lack of capacity among the teachers. I acknowledge that the member for Willagee, when he was education minister, and the previous education minister, the member for Rockingham, invested program money into our schools. Lots of new programs were developed such as behaviour management programs and the Getting it Right programs, but they are having very marginal effects on many of these children because by the time they are necessary, it is too late; by the time they come to school the damage has been done. The Western Australian Literacy and Numeracy Assessment results are showing that the increment of improvement is extremely small. An enormous effort is being made, but we are making it too late. The die is cast for many of these children. Notwithstanding a great resource being invested, it is not achieving very useful results. We know that; we keep doing studies, and we are indexing. People in my electorate are being indexed all the time. The Australian Early Development Index, which was a major index program, was undertaken based on children who actually presented at preschool at four years of age, so even that was a biased sample—probably positively biased—because it tested only kids who actually turned up at the non-compulsory year of school. They did these assessments and found that 40 per cent of the students in the Armadale area are developmentally vulnerable in one or more of the key areas: physical, health and wellbeing, social competence, emotional maturity, and language and cognitive development. The results indicated that 20 per cent of students were vulnerable in the language and cognitive domain area, with a number of suburbs in Armadale having absolutely no children assessed as performing well. This is a major social problem. We are allowing an intergenerational disadvantage to emerge. Whichever party is in government will have to try to deal with children who will be angry and underachieving. These children will grow up to become those who create vexation on our trains; they will be more likely to be involved in antisocial behaviour across the community. They will be far more likely to become welfare dependent, and then lack the skills to ensure that their own children have a chance to at least get to the first rung on the ladder of opportunity. All this indexing was done by the commonwealth government, and there will be another round of indexing soon, with more studies. The member for Nollamara spoke about the Communities for Children program. Because the results in Armadale indicated such a large problem, one of the centres offering this program was based in Armadale. The program has had some good aspects: there were some good Indigenous programs, and speech therapy was provided, which has been very useful. However, overall the program was bitsy. A six-week program in reading at the Armadale library will not deal with the sort of problems we are talking about; only the children whose parents understand the need for reading competence will participate. We are dealing with bigger problems than this. It is not that these parents are necessarily irresponsible or neglectful, or do not want to do something for their children; the problem is that the children are not getting what they need, whatever the reason. In some cases, there have been stolen generation issues, as a result of which the basic skills are not there. Many of us presume that these basic parenting skills are innate. I used to think that parenting skills are of a similar kind to beavers building dams—people are just born knowing how to do it—but that is not the case, apparently. Obviously, drugs are a major issue for many families. We should not discount the impact of television, and what happens when children are parked in front of the television. Some people think that just because the program is Sesame Street or The Wiggles it will somehow be educational, but if children are not actually spoken to, they cannot form words. It is unbelievable to see the number of children turning up at school who do not know colours. [Member’s time extended.]

 Ms A.J.G. MacTIERNAN: There was a recognition under the Howard government that this was a problem, and a program was put in place. The state government also had some early years programs. However, they are not big enough, and they are haphazard. They are here for a short time—maybe six months—but something far more coherent than this is required. We do not allow hit and miss with education. Once the children are aged five, we provide a fantastic infrastructure for them, and we do not just leave education to haphazard grants of money. However, in the areas where this critical need exists, the response from both federal and state governments has been inadequate to deal with the problem. In my assessment, from talking to the teachers, this problem is getting worse. Teachers are seeing these children more frequently. We know from the WALNA results that the impact of Communities for Children in the Armadale area has not really changed anything very much. We can do much better, and this is what I am deeply concerned about. All the authorities agree—Fiona Stanley, J. Fraser Mustard, and the fabulous teachers at Challis Primary School. I acknowledge the work of Lee Musumeci, Noel Strickland, Louise O’Donovan, and all the team at Challis, because they took the initiative some years ago. Even though there is no formal Department of Education and Training requirement to provide this service, they said that was ridiculous and decided to set up a program for children aged 0-3. It was not their core business, but they decided it had to be done. The member for Rockingham, when he was the minister, came to the school on a couple of occasions to look at the program. Hon Sue Ellery, the former Minister for Child Protection, also came to the school. Both of these ministers provided support for the program on an interim basis. My greatest sadness resulting from Labor losing the election was that we had just geared up our ministers to recognise that this program now had to be funded on a solid and permanent basis. I have written to the new Minister for Education. I know that she has been to see the schools in the electorate of the member for Alfred Cove, which I am sure are nowhere near as needy as those in my electorate, but I am hoping that one day I will get her to cross the Rubicon and come and have a look at the work that is going on at Challis Primary School.

Dr K.D. Hames: I had a similar problem trying to get the previous minister to come to Dawesville.

Mr M. McGowan: I only opened a new school for you.

Ms A.J.G. MacTIERNAN: I am sorry, members, I only have a little time, much as I like banter. This must be a priority issue for the government. The Minister for Police is all for building more jails and getting more cops, but we know that we have to deal with the problem at the beginning. We know what happens to these vulnerable children. We know that by the age of three they will be in a state in which they will find social and intellectual development very difficult. The model set up at Challis Primary School, as an initiative of these fantastic teachers, is to have a 0-3 program, and the parents must be involved. Part of this program must be teaching parents and ensuring that they can acquire the necessary parenting skills. We have managed to obtain assistance from both the government and the private sector to enable parents to be brought into the school and participate in playgroups. In those playgroups, the parents learn how to pass on language to a child—how to encourage a child to speak, make sounds and form words. They have other programs to bring Indigenous families in as groups to the school, and the school-aged children mentor the younger children in the early years program. This also helps those older children develop responsibilities. We know that this is what must be done, and that it produces results. Much better work has been done in this area in other states. Queensland has a number of these early childhood centres, and some spectacular work has been done in South Australia. We know that we must try to get these families as early as possible. I strongly believe in and totally support the Rudd government’s decision to break up baby bonus payments because of the many issues that surround it. Those of us who represent certain electorates understand the baby bonus and what happens to it. One way to make the baby bonus a really positive thing is to make it a requirement for people to attend a total of five antenatal or neonatal classes in order to receive the baby bonus. The government would in effect be saying, “We are rewarding you for being good parents; but to get that reward you must come along to a class.” Different programs will be appropriate for different people and I am sure that there would be — Dr K.D. Hames: It is a good idea. I hope you can secure it with the federal government.

Ms A.J.G. MacTIERNAN: Yes; I am seriously advocating that because I think it absolutely essential to make sure the baby bonus works positively. It will also, at the earliest opportunity, allow us to determine which parents may be vulnerable. Probably ninety per cent of the population will be able to manage zero to three-year olds without help. I am not sure if the member for Nollamara made this point or if another member made it, but many women now have their first babies in their mid to late thirties and the presumption is that these successful professional women will be able to do so with no problem. However, the need to provide assistance to these women is an emerging trend. Programs in place when I had my children ensured that new mothers were visited by a child health nurse during their first week at home with their baby. That visit not only provided another opportunity to give new mothers advice, but also alerted the relevant agencies about potential problems or vulnerabilities. It was a grave mistake to let that program decline. Ultimately, this will cost money, but the rewards will be there pretty quickly. We will see children performing much better at school thereby reducing the amount of effort that we have to put in to make the otherwise very small incremental improvements in the education product. In an area like Armadale the education offered to children in schools in which there is a substantial number of children who experience learning difficulties is compromised. It is critical that we admit to the seriousness of this issue and build on the work of the commonwealth and indeed, the work the state is doing through school testing. We have to build on the work of the Australian Early Development Index Study, identify Extract from Hansard [ASSEMBLY - Thursday, 27 November 2008] p631b-640a Mr John Quigley; Acting Speaker; Ms Alannah MacTiernan; Dr Kim Hames [9] these vulnerable areas and put in place programs that are not mickey mouse in nature; that is, here one day and not the next. We have to consider if non-government organisations are the right organisations to deliver the programs. We have to consider if these programs should be located in schools even if they are delivered by an NGO. We need to “de-welfarise” these programs and remove all possible stigmas associated with these program centres. We need to ensure that a process is in place whereby we identify and encourage parents to learn or rebuild their parenting skills so that their children have a decent opportunity. I will endeavour to advance the case for these programs. I have brought everyone possible out to my electorate to visit Challis Primary School. I note a very excellent article by Michelle Scott, the Commissioner for Children who —

 Dr K.D. Hames: A double superlative.

 Ms A.J.G. MacTIERNAN: Sorry, member?

Dr K.D. Hames: “Very excellent” is a double superlative—I am sorry, my remarks were not meant for the Hansard record. It was —

Ms A.J.G. MacTIERNAN: Language changes! I think “very excellent” is a perfectly descriptive conjunction of adjective and adverb and it is one that I will continue to use! That “very excellent” article—there are grades within excellence—demonstrates the commissioner’s profound understanding of these issues. Given how clear the science is, I believe that our failure to act on these matters amounts to neglect of these vulnerable children. It is all very well to be spending our time talking about wards of the state; it is not all about wards of the state. A lot of children need our help. Many parents need our help. We know that it is too late if we do not provide assistance until a child has started school. I am concerned that the federal government program—dubbed early learning centres—focuses on childcare and four-years plus children; those programs will not, in any way, shape or form, deal with the problems. I urge members—I am sure there are members on both sides of the house—who have these issues in their electorate to please get behind this cause. If we can fix these problems, Western Australia will go forward as a much stronger community. We will be dealing with some of those intractable issues such as crime, imprisonment and unemployment, for the benefit of the whole community.

 DR K.D. HAMES (Dawesville — Deputy Premier) [12.46 pm]: As my contribution to the Address-in-Reply debate I seek to now correct something that I said during the member for Cockburn’s grievance instead of making a personal explanation. I think it important for the people represented by the member for Cockburn that I put this on the record now because the information that I was given by the Department of Health was incorrect. During his grievance, I said that the family had been offered a $1 million settlement contract. I have since had the health department contact me saying, “Sorry, it wasn’t $1 million; it was actually in the order of about $300 000.” It is important that I correct the record. The member for Cockburn is not here, but I will let him know about the correction. The supposed rejection of a $1 million settlement reflects very differently on the family than does their rejection of a $300 000 settlement—an amount that probably would not have covered their legal fees let alone come close to the full amount that they were seeking. I am sure that the member for Cockburn will understand my response to the health department: “Thanks very much. I hope that now you will be more sympathetic when it comes to dealing with these people now that you have said something that might potentially embarrass them.” Mr P. Papalia: Are we feeling more sympathetic to the member for Fremantle? Dr K.D. HAMES: Yes, I have some sympathy for the member for Fremantle as the former minister. However, it was an inadvertent error. The person who gave me the advice did not have proper access to the material. The person normally responsible for providing such advice is on holidays and the person who gave me the advice—I do not know where she got it—did her very best to get it for me at short notice. I think it important to take this opportunity to put the correction on record. I wish to address another grievance of mine, although the member for North West has assumed the chair and cannot interject to counter what I might say after my further investigations into some of the things that he said in the chamber. Several members interjected.

Dr K.D. HAMES: My trip to the UK? That is an excellent point given that the Minister for Police is present and that I have not yet had the opportunity to lobby him about a new police station in Dawesville. Under the former Liberal government, Hon Kevin Prince, with the support of the former member, Arthur Marshall, was going to put a police station in Miami. When the last government came in the block purchased for that was sold and the government said it would put extra police in Mandurah. They put some extra police in Mandurah but since then my electorate has grown considerably, particularly in the southern end, and now there is very strong support from the police for a new police station in the Dawesville area. The police have been looking at land in that area so I hope the Minister for Police will consider the lobbying that I am doing on behalf of my electorate. I look with positive inclination towards the budget next year.

 Debate adjourned, pursuant to standing orders.