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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-04-08 Daily Xml
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FORENSIC PATHOLOGISTS

Mr HAMILTON-SMITH (Waite—Leader of the Opposition) (14:30): It's a fool's paradise over there, just a fool's paradise. A ship of fools!

Members interjecting:

The SPEAKER: Order!

Mr HAMILTON-SMITH: My question is to the Premier. Has the Premier considered—

Members interjecting:

The SPEAKER: Order!

Members interjecting:

The SPEAKER: I warn the member for West Torrens.

Mr HAMILTON-SMITH: Ask the members for Mawson and Light that question, Tom.

Members interjecting:

The SPEAKER: Order! The Leader of the Opposition will ask his question.

Mr HAMILTON-SMITH: Has the Premier considered the impact of the decisions of the Medical Board that two of the state's leading forensic pathologists withheld evidence in two Supreme Court trials and the impact of personal statements made by the Attorney-General on the matter last week?

Last Wednesday, the Medical Board made a finding of unprofessional conduct against Dr Ross James for his withholding of evidence during the Keogh murder trial. This came on top of the board's earlier finding of unprofessional conduct against Dr Colin Manock in the same matter. The latest finding of the Medical Board is in stark contrast to the Attorney-General's statements to the house on 1 April 2003, when he said in relation to the same matter, 'There is no reason I should not accept Dr James' opinion on this.' Finally, the Attorney-General's personal outburst on the case during a media conference last week raised questions about the involvement of himself and his personal lawyer, the Solicitor-General, Chris Kourakis in the matter.

Members interjecting:

The SPEAKER: Order! The Attorney has the call.

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs) (14:32): It is most interesting that the Leader of the Opposition would put the Parliamentary Liberal Party at the disposal of Bob Moles and Graham Archer in now campaigning for Henry Keogh's release. It is in stark contrast to the principled position previously taken by the member for Heysen—

Mrs Redmond interjecting:

The Hon. M.J. ATKINSON: The member for Heysen says she still thinks Henry Keogh is guilty. She confirms that, and—

Members interjecting:

The SPEAKER: Order!

The Hon. K.O. Foley interjecting:

The SPEAKER: Order!

The Hon. M.J. ATKINSON: For her principled position, the member for Heysen has already been vilified by Graham Archer and Today Tonight, but I congratulate her on her position. It is a surprise to see this switch to get a little bit of favourable coverage on Today Tonight. Personally, I think that the Leader of the Opposition is buying the favourable publicity at too high a price.

Mr Williams interjecting:

The SPEAKER: The member for MacKillop will come to order.

The Hon. M.J. ATKINSON: The first thing to say is that this evidence was given in the 1990s when forensic science was administered by a Liberal government. That is the first thing to say: that the evidence that is being criticised is more than 10 years old, and it was given entirely under a Liberal Party administration. The second thing to say is that both Drs Manock and James have retired and there are new people in charge—

An honourable member: What's that got to do with it?

The SPEAKER: Order!

The Hon. M.J. ATKINSON: —of Forensic Science SA. The third thing to say is that I think that the Manock and James matters should be treated entirely separately. Dr James is very highly regarded throughout the legal profession—

The Hon. J.D. Lomax-Smith: Hear, hear!

The Hon. M.J. ATKINSON: —and I note my colleague, the pathologist, the member for Adelaide, interjects 'Hear, hear!' That's right, and my understanding is that Dr James will appeal this finding. I will comment after that appeal is concluded.

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