Legislative Council: Wednesday, July 04, 2018

Contents

Kennewell, Mr G.

In reply to the Hon. F. PANGALLO (6 June 2018).

The Hon. R.I. LUCAS (Treasurer): I have been provided the following advice:

This relates to a prosecution that has been handled to date by South Australia Police (SAPOL). The Director of Public Prosecutions has not had any involvement in this matter.

To that end, I have sought information from the Minister for Police, Emergency Services and Correctional Services who has informed me that he has been advised SAPOL is currently conducting a review.

As the Minister for Police is the responsible minister for SAPOL, the Attorney-General has not sought a briefing.

SAPOL is the independent prosecuting authority responsible for determining whether the charges will proceed or not. It is therefore outside of the Attorney-General's remit to influence the application of SAPOL's resources to expedite the determination of this matter. Similarly, it is also outside of the Attorney-General's remit to influence, or be seen to influence, the outcome of the review. The decision of whether or not to prosecute is solely a matter for SAPOL.

As part of SAPOL's review into this matter, I am advised that police will consider whether there is a reasonable prospect of obtaining a conviction and if the prosecution of Mr Kennewell is in the public interest. A decision will be made prior to Mr Kennewell's next appearance in the Magistrates Court.