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<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2011-05-17" />
  <sessionName>Fifty-Second Parliament, First Session (52-1)</sessionName>
  <parliamentNum>52</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="3633" />
  <endPage num="3701" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding>
    <name>Grievance Debate</name>
    <text id="20110517dda6d25d3f024ed690000842">
      <heading>Grievance Debate</heading>
    </text>
    <subject>
      <name>Easling, Mr T.</name>
      <text id="20110517dda6d25d3f024ed690000843">
        <heading>EASLING, MR T.</heading>
      </text>
      <talker role="member" id="531" kind="speech">
        <name>The Hon. M.J. ATKINSON</name>
        <house>House of Assembly</house>
        <electorate id="">Croydon</electorate>
        <startTime time="2011-05-17T15:41:00" />
        <text id="20110517dda6d25d3f024ed690000844">
          <timeStamp time="2011-05-17T15:41:00" />
          <by role="member" id="531">The Hon. M.J. ATKINSON (Croydon) (15:41):</by>  My interjections, which were being shouted down by the opposition, were in fact supporting the Leader of the Opposition because—</text>
      </talker>
      <talker role="member" id="619" kind="interjection">
        <name>An honourable member</name>
        <house>House of Assembly</house>
        <text id="20110517dda6d25d3f024ed690000845">
          <by role="member" id="619">An honourable member:</by>  What's the point of order?</text>
      </talker>
      <talker role="member" id="619">
        <name>The Speaker</name>
        <house>House of Assembly</house>
        <text id="20110517dda6d25d3f024ed690000846">
          <by role="member" id="619">The SPEAKER: </by> There is no point of order. He is doing his grievance.</text>
      </talker>
      <talker role="member" id="531">
        <name>The Hon. M.J. ATKINSON</name>
        <house>House of Assembly</house>
        <text id="20110517dda6d25d3f024ed690000847">
          <by role="member" id="531">The Hon. M.J. ATKINSON:</by>  —Attorney-General Rowe, in the Playford government, attained his legal qualification in the same way as the Leader of the Opposition. The member for Davenport called for an inquiry into the prosecution of Thomas Easling. He received one. It was a report running to 117 pages by the Crown Solicitor, Simon Stretton, entitled 'Review of the Easling Trial'. It seems to be the report that <term>Today Tonight </term>will not report and that <term>The</term><term>Independent Weekly </term>and its successor will not report and that the member for Davenport never refers to. Here are its conclusions:</text>
        <text id="20110517dda6d25d3f024ed690000848">
          <inserted>Neither the trial evidence nor the submissions from Mr Easling's lawyers disclose any evidence that the investigation of the allegations against Mr Easling was conducted with bias or impropriety.</inserted>
        </text>
        <text id="20110517dda6d25d3f024ed690000849">
          <inserted>Neither the trial evidence nor the submissions from Mr Easling's lawyers disclose any evidence that the evidence of any complainant was tainted by contamination or collusion. The trial judge also closely considered this issue and rejected it, describing it as 'merely conjecture'.</inserted>
        </text>
        <text id="20110517dda6d25d3f024ed690000850">
          <inserted>There was a legitimate case to answer against Mr Easling, comprising eight independent complainants out of a total of 60 spoken to who were placed with Mr Easling, each independently alleging that they were abused. Also, both the committing magistrate and the trial judge independently found a case to answer.</inserted>
        </text>
        <text id="20110517dda6d25d3f024ed690000851">
          <inserted>These complainants, being placements, were primarily street kids, some who had been in trouble, some who had had problems, some who had had contact with drugs. They alleged abuse at the hands of Mr Easling occurring some years prior to the trial in circumstances where most said that they had been trying to forget the abuse. As such, there were some inconsistencies in some of their evidence as to some matters. These were legitimate issues as to the credibility of witnesses of this type. They were for the jury to consider, but none were such as to indicate that the complainants were necessarily untruthful in relation to the charged events or that they should not have formed the basis of a legitimate prosecution.</inserted>
        </text>
        <text id="20110517dda6d25d3f024ed690000852">
          <inserted>It was appropriate to prosecute Mr Easling.</inserted>
        </text>
        <text id="20110517dda6d25d3f024ed690000853">
          <inserted>The prosecution was conducted ethically, properly and appropriately.</inserted>
        </text>
        <text id="20110517dda6d25d3f024ed690000854">
          <inserted>The acquittal of Mr Easling means that the jury had a reasonable doubt as to his guilt. It does not necessarily connote any adverse conclusions as to the conduct of the investigation or the conduct of the prosecution.</inserted>
        </text>
        <text id="20110517dda6d25d3f024ed690000855">
          <inserted>The acquittal of Mr Easling means that he remains fully entitled to the presumption of innocence—</inserted>
        </text>
        <text continued="true" id="20110517dda6d25d3f024ed690000856">and I certainly endorse that conclusion also. The report continues:</text>
        <text id="20110517dda6d25d3f024ed690000857">
          <inserted>Neither the trial evidence or the submissions of Mr Easling's lawyers provide any basis for any further inquiry into the objectivity or propriety of the investigation, the decision to prosecute or the conduct of the prosecution.</inserted>
        </text>
        <text continued="true" id="20110517dda6d25d3f024ed690000858">I turn to page 108 of the report, which reads:</text>
        <text id="20110517dda6d25d3f024ed690000859">
          <inserted>On close analysis none of these complainants had an established motive to lie against Mr Easling, in fact some said that apart from the inappropriate sexual activity they quite liked him and would prefer not to have had to have had to give evidence against him.</inserted>
        </text>
        <text id="20110517dda6d25d3f024ed690000860">
          <inserted>One complainant's evidence was specifically corroborated by his social worker who, on arriving at Mr Easling's house, unexpectedly early, found the complainant in Mr Easling's bed.<sup>625</sup></inserted>
        </text>
        <text continued="true" id="20110517dda6d25d3f024ed690000861">Footnote <sup>625</sup>: Investigator Boydon's evidence.</text>
        <text id="20110517dda6d25d3f024ed690000862">
          <inserted>This contradicted Mr Easling's evidence as to the events of the morning.</inserted>
        </text>
        <page num="3681" />
        <text continued="true" id="20110517dda6d25d3f024ed690000863">It is interesting that the member for Davenport says there is no document that sustains this allegation. Indeed, there is a richness of documents, and I refer to the Crown Solicitor's report at pages 27, 40 and 47:</text>
        <text id="20110517dda6d25d3f024ed690000864">
          <inserted>Each of the complainants was a child in need of foster care and as such many were street kids, some runaways, some with a range of problems such as alcohol and drugs and some who had been in contact with the law.</inserted>
        </text>
      </talker>
    </subject>
  </proceeding>
</hansard>