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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2018-06-06 Daily Xml
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Kennewell, Mr G.

The Hon. F. PANGALLO (14:57): I seek leave to make a brief explanation before asking the Treasurer, representing the Attorney-General, a question about the prosecution of a senior citizen over alleged driving offences.

Leave granted.

The Hon. F. PANGALLO: Like many other members in the community, I suspect, I am both shocked and appalled at the criminal case against 91-year-old Graham Kennewell, who is currently being dragged before the courts after being charged with the tragic accidental death of his wife of almost 50 years, Freda, in the driveway of their own home. It beggars belief to me that such a tragedy, where an elderly and frail man in the twilight of his life is responsible for the accidental death of the love of his life, has led to Mr Kennewell being charged in the first place. He now finds himself before the courts charged with two summary offences.

What does the community stand to gain from such a process? The Director of Public Prosecutions' own guidelines even state:

It has never been the rule in this country that suspected criminal offences must automatically be the subject of prosecution. A significant consideration is whether the prosecution is in the public interest. The resources available for prosecution action are finite and should not be wasted pursuing inappropriate cases, a corollary of which is that the available resources are employed to pursue those cases worthy of prosecution.

I am led to believe that SAPOL has the powers under current laws to make a determination not to proceed with a case if that case is not in the public interest. My question to the Treasurer is:

1. Does the government agree that pursuing this matter via the judicial system is or is not in the public interest?

2. Does the government believe the case is a waste of resources and taxpayers' money?

3. Given its unique and tragic circumstances, has the government sought a briefing from either the DPP or SAPOL on this matter?

4. Is the Attorney-General able to request that the process of consideration of the matter be expedited in some way that would see the determination of the public interest aspect being considered sooner rather than later?

The Hon. R.I. LUCAS (Treasurer) (15:00): I will refer the honourable member's question to the Attorney-General and bring back a reply.

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