CCC Mallard inquiry complete

The Crime and Corruption Commission has finally delivered its report on the inquiry into alleged misconduct in the investigation of the death of Mosman Park jeweller, Pamela Lawrence, the prosecution and appeals of Andrew Mallard and other related matters such as the death of Simon Rochford.

It was the opinion of the Commission that Assistant Police Commissioners Mal Shervill, & David Caporn - the former head of the CSK Macro Taskforce, engaged in misconduct, and subsequently the WA Police Commissioner Karl O'Callaghan stood the two down yesterday, on full pay, pending further investigation by WAPOL.

The CCC also considered that former Director of Public Prosecutions, Ken Bates, had engaged in misconduct and the matter has been referred by Attorney General Christian Porter, for review by the current DPP, Robert Cock.

The CCC recommended disciplinary action be taken against Shervill, Caporn and Bates, and that there be 'special provision for the interviewing by investigating police of
mentally ill suspects.'

Other recommendations following the exhaustive inquiry included:
* 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.

*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.
The Commissioner also recommended that Andrew Mallard complain about the conduct at his trial by Ken Bates, to the Legal Practitioners Complaints Committee (LPCC).

The Commissioner also acknowledged and paid tribute to 'the efforts of those who believed in the innocence of Andrew Mallard and who by their time and efforts secured his freedom and ultimate vindication.'

'Those persons whose efforts were particularly significant were Ms Colleen Egan, journalist, Mr John Quigley MLA, Mr Malcolm McCusker QC, and Clayton Utz solicitors, who all acted without remuneration. Without their respective efforts and expertise, Andrew Mallard would still be in prison, convicted of a wilful murder he did not commit.'

The link to the complete report can be found here.

Though the recommendations are conservative in consideration of some of the jaw dropping 'ethics' examined during the hearings at the CCC, the case is a first in transparency in Perth, and hopefully a first of many.