Director of Public Prosecutions and Mr Damian Mceachern
| About this Item |
Subjects | Director of Public Prosecutions; Robbery; Firearms; Sentencing and Parole |
Speakers | Speaker; Brogden Mr John; Debus Mr Bob |
Business | Questions Without Notice, Report |
Commentary | Damian McEachern Bandidos Nicholas Cowdrey |
Page: 8001
Mr JOHN BROGDEN: My question without notice is directed to the Attorney General. Given that the Director of Public Prosecutions advised the Attorney General on 10 November 2003 that he could not appeal the case of Bandido biker Damian McEachern because his office lost the paperwork in the mail, why did he tell the House on 4 December 2003 that Mr Cowdrey had "one of the most rigorous and respected prosecutorial processes in the common law world"?
Mr SPEAKER: Order! The Minister will be heard in silence.
Mr BOB DEBUS: As the Opposition is probably aware, on 4 December last I said that the Director of Public Prosecutions [DPP] processed around 18,000 matters a year and that when the DPP considered that there were valid grounds to lodge an appeal, that was done. The DPP has advised again today that in this case there were no valid grounds for lodging an appeal.
Mr SPEAKER: Order! The Minister will be heard in silence.
Mr BOB DEBUS: That is so, regardless of any question of a time limit. It is possibly appropriate at the present time that I indicate some other circumstances surrounding this matter. The House will recall the facts of the case. In December 2000 Damian McEachern was sentenced for armed robbery to a term of imprisonment of three years and a non-parole period of nine months. In January 2003, while he was on appeal, he was arrested by police. A number of prohibited firearms were seized. Following a number of delays in presentation of the brief to the court, and concerns raised by the DPP regarding critical evidence, a plea deal was accepted by the police and the DPP.
The magistrate noted that McEachern was on parole and that a decision on revocation would be made by the Parole Board. The public was justifiably concerned by this pattern of events—a concern that I shared, as did the Premier. For that reason the Premier and I agreed that there should be a review of the whole matter by the Director-General of the Attorney General's Department. The review was to be broad based and include the operational aspects of policing, right through to the handling of parole issues by the Department of Corrective Services and the Parole Board. Now that the report has been presented to the Government, a copy has been forwarded to the appropriate Ministers, namely, me, the Minister for Police and the Minister for Justice. That report contains a series of recommendations right across the criminal justice system. This is a circumstance that is likely to be forgotten, especially by the honourable member for Epping, who has what one can only describe as an unhealthy personal obsession with the DPP. The honourable member acts as if nobody else exists in the justice system.
Mr Andrew Tink: Point of order: When the DPP loses a letter from the Attorney General on an appeal—
Mr SPEAKER: Order! The honourable member for Epping has not heard correctly. There is no point of order. The honourable member for Epping will resume his seat.
[Interruption.]
Mr SPEAKER: Order! The honourable member for Epping has deliberately flouted the standing orders. I place him on three calls to order.
[Interruption.]
Mr SPEAKER: Order! I call the honourable member for Wakehurst to order.
Mr BOB DEBUS: Over the coming months the Government will consult widely with relevant agencies about the implementation of the recommendations of this report. I am able to report to the House that a Government response is being formulated by me, in consultation with the Minister for Police and the Minister for Justice. In the meantime, substantial progress has already been made. I have been informed by the DPP that he is implementing all recommendations of the report that relate to his office. NSW Police reports that it is now examining the recommendations relating to police practices in this and other cases to address the concerns raised. I understand that the Police Ministry is in the process of seeking further advice on ways to improve practices involving the DPP and police handling of prosecutions in circumstances such as these.
Mr SPEAKER: Order! I call the honourable member for Vaucluse to order.
Mr BOB DEBUS: The Minister for Justice has also advised me that many of the recommendations relating to the Probation and Parole Service have also been critically analysed and steps have been taken to implement recommendations in the report. In other words, we are seeing good government at work. The Government will continue to review cases from time to time when flaws are brought to its attention and will take appropriate action. I seek leave to table the report of the Attorney General's Department entitled "Damien McEachern, Review of the Operations of the Justice System", dated 19 February 2004.
Leave granted.
Report tabled.