AAP General News (Australia)
12-07-2007
WA: Corruption probe into wrongful murder conviction wraps up
By Andrea Hayward
PERTH, AAP - A retired NSW judge is expected this week to wrap up a four-month inquiry
into a 1994 murder investigation that will decide the future of five senior West Australian
police officers and a leading prosecutor.
Andrew Mallard was convicted in November 1995 of the 1994 murder of Pamela Lawrence
in her Mosman Park jewellery store, in Perth's west.
He spent 12 years in jail before walking free last year when the Director of Public
Prosecutions (DPP) decided not to retry his case.
His conviction was quashed by the High Court in 2005, which declared a miscarriage
of justice had occurred.
Mr Mallard was not released until last year when the DPP said it would not retry Mr
Mallard because it lacked credible evidence to obtain a conviction against him.
An investigation conducted for WA's powerful Corruption and Crime Commission (CCC)
by former NSW Supreme Court judge John Dunford QC has been investigating whether there
was any misconduct by police and prosecutors involved in the murder case.
But Mr Dunford will not deliver his findings until April next year in a case which
has struck at the heart of WA's police force and judiciary.
Two detectives involved in the investigation of Mr Mallard, are now assistant police
commissioners: Mal Shervill and David Caporn.
Superintendent John Brandham, Inspector Alan Carter and Sergeant Mark Emmett, detectives
involved in investigation, have also been scrutinised for their roles at the time.
Officers involved polished statements, planted evidence on Mr Mallard and removed and
changed facts in witness statements, and rewrote their written accounts of interviews,
the inquiry has been told.
An undercover officer codenamed `Gary' gave Mr Mallard, who was suffering from a mental
illness, a cannabis smoking implement and planted jewellery from Ms Lawrence's store on
him, it was told.
Deputy DPP Ken Bates, who was a senior prosecutor at the Mallard trial, has been accused
of incompetence, failing to fairly present the case against Mr Mallard and misleading
the jury.
Supreme Court justice John McKechnie, the DPP in WA at the time Mr Mallard was a suspect,
advised police to charge Mr Mallard on the evidence they presented to him in 1994.
But the inquiry was told he was not briefed properly by investigating police.
With such far-reaching tentacles within the WA police force and the judiciary, WA had
no choice but to look further afield for an acting commissioner and Mr Dunford was appointed.
Since August, he has heard evidence in hearings, some in private, from police, prosecutors,
the undercover officer and his controller, witnesses in the case and others including
forensic scientists.
The inquiry was in the stages of wrapping up this week, with defence lawyers speaking
on behalf of their clients while slamming others involved in the case.
Mr Shervill's lawyer, Ron Davies QC, told Mr Dunford his client, who faces 14 adverse
findings recommended by counsel assisting the CCC Jeremy Gormly SC, was not involved in
a fitup.
In fact, any suggestion the five officers had framed Mr Mallard were ridiculous, Mr
Davies said in his closing submission.
"They left it in the brief, all of it, all the inconvenient bits, dozens and dozens
of them," Mr Davies said.
"Does it sound like a fit up, commissioner?
"The proposition that this fellow is being framed is simply ridiculous. If they couldn't
have done better than that you would find it very surprising."
Mr Davies then accused WA Labor MP John Quigley, a former lawyer, who championed Mr
Mallard's cause, of making a half-baked allegation of conspiracy.
Mr Gormly has recommended adverse findings against Mr Quigley, who threatened to name
`Gary' in the WA parliament in 2002, if he didn't tell the truth about his involvement
in the case.
He didn't do it but he did give the real name of the undercover officer codenamed `Gary'
and his phone number to journalists at the time.
Last week, Mr Quigley revealed the real names of both `Gary' and his controller `M1',
in the parliament, raising the ire of Mr Davies.
Mr Quigley also took the opportunity to criticise Mr Dunford under parliamentary privilege,
calling him a "muddle-headed old man."
The MP's actions were "disgusting" and conspiratory, Mr Davies said.
"What's left now of the matters that arose out of court allegations and all of Quigley's
outbursts is what in my view ... can be readily demonstrated as a half-baked, suspicion
only, proposition of a pernicious conspiracy to pervert the course of justice," Mr Davies
said.
Mr Bates, against whom Mr Dunford will consider 13 adverse findings recommended by
Mr Gormley, was also heavily criticised by Mr Davies.
"Words like inept and incompetent cross your mind," Mr Davies said.
"I think the best concept I can put to you, sir, is that he is like someone steering
a fairly large ship and he's asleep at the wheel."
Mr Davies said it had become apparent that what Mr Bates had done was not only to let
down the office of prosecutor, for which he has apologised, and the administration of
justice, for which he has apologised, but he let the police officers down terribly and
in particular he let Mr Shervill down.
Mr Bates told the hearing in evidence that he had fallen short of his duties amid a
heavy workload and had done the best he could at the time.
"But with the benefit of hindsight, I accept that I have fallen short and that's a
matter of sincere regret on my part," he said.
Andrew Mallard was described by Mr Davies as "a curious creature", who couldn't "lie
straight in bed to save his life".
Mr Mallard was granted an ex-gratia payment of $200,000 from the WA government last
year and is now studying fine arts at a Perth university.
A palm print from the scene of the murder, discovered during a cold case review of
the murder last year was linked to British backpacker Simon Rochford.
Rochford, who was in jail for the murder of his girlfriend killed himself the day after
police told him he was their
new prime suspect in the case.
Mr Gormly slammed Mr Caporn for writing off Lloyd Peirce, a witness who reported "a
man with a bag running from the rear lane in an agitated state", fitting Rochford's description.
However, Mr Gormly said it would have been difficult for them to find Rochford because
the only evidence he left was a partial palm print.
But had the murder remained unsolved, the print may have eventually led police to Rochford,
he said.
Mr Dunford is expected to reveal his findings in April next year.
AAP ah/jt/cdh
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