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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-10-18 Daily Xml
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WEBB, MR M.

The Hon. S.G. WADE (15:30): I seek leave to make a brief explanation before asking the Leader of the Government a question relating to the parole of a life prisoner.

Leave granted.

The Hon. S.G. WADE: Last night on Today Tonight the Parole Board chair, Frances Nelson, and the Hon. Ann Bressington raised their concerns about the ongoing imprisonment of Michael Webb. Veronica Hay and Michael Webb both pleaded not guilty to the 1992 murder of 34-year-old Lance Patrick. Both were convicted. Both received the same sentence. Both had the same nonparole period imposed. Now, 19 years on, Veronica Hay has been out of gaol for six years and Michael Webb is still imprisoned.

Parole Board chair, Frances Nelson, said that there was no reason to say that Ms Hay was more meritorious than Mr Webb, so she thinks that it is a very unfair situation. Justice Debelle, the presiding judge, first raised his concerns on his treatment with the Parole Board and then with the Correctional Services minister, the Hon. Carmel Zollo, in March 2006. In his letter, he wrote:

I respectfully suggest that the situation is not only unfair, but it is also unjust...I ask that you consider the matter urgently and recommend to Executive Council that it revoke its decision and release Mr Webb at the earliest possible date.

Reflecting on the current situation, Frances Nelson asserted to the program last night, 'The process has to be fair, it has to be open, it has to be transparent and it has to be judicial.' She goes on, 'It isn't a transparent process, they don't publish reasons.'

Elsewhere, she said:

It does worry me though that it seems to intrude into the separation of powers and that is a cornerstone of our democratic process.

This revelation follows hot on the heels of the public concern at the lack of transparency in the government's handling of the Malcolm Fox case, in contrast to the case of Paul Nemer. A court making such decisions would be compelled to give reasons as to how they arrived at their decision.

My question is: consistent with the duties of public accountability and the need for transparency in judicial decision-making, will the leader ensure that this council is provided with a statement as to the reasons Mr Webb remains imprisoned?

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (15:33): I thank the member for his question and will refer it to the Minister for Correctional Services in another place and bring back a response.

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