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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-09-08 Daily Xml
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Bromley, Mr D.J.

The Hon. F. PANGALLO (15:13): I seek leave to make a brief explanation before asking a question of the Attorney-General about the High Court and Australia's longest serving Indigenous prisoner.

Leave granted.

The Hon. F. PANGALLO: On 16 September, Australia's longest serving Indigenous prisoner, Derek Bromley, is seeking special leave to appeal to the High Court against his murder conviction. Mr Bromley has been in prison for 38 years, 14 years longer than the period set for his parole.

He has not been paroled, despite his excellent behaviour, because he refuses to admit he committed murder and has always claimed his innocence. Mr Bromley's conviction was reached partly on the so-called expert evidence of the disgraced former chief forensic pathologist, Dr Colin Manock. It has been well established that the state knew that Dr Manock was unqualified to carry out thousands of autopsies, and he secured hundreds of criminal convictions. However, there was no disclosure by the prosecution to the courts of Dr Manock's lack of qualifications and skills.

Despite the biggest scandal in the state's criminal justice history, not one single authority or integrity agency wants to go near it. That is in itself shameful and a monumental scandal, and it is called wilful blindness. Respected legal academic Dr Robert Moles has written several letters to the previous Attorney-General and the Acting Attorney-General, the current Attorney-General, the previous Premier and the current Premier, pointing out there is no indication that, in his response to the application, the current Director of Public Prosecutions, Mr Martin Hinton, has any intention of notifying the High Court of Dr Manock's discredited history.

I seek leave to table a letter dated 4 January 2022 to the Attorney-General and the Acting Attorney-General, and an email dated 9 June 2022 to the Premier and current Attorney-General.

Leave granted.

The Hon. F. PANGALLO: My question to the Attorney-General is: will he now urgently give directions to the DPP, a power that he has in the DPP Act, section 9(2)—that the Attorney-General may give directions and furnish guidelines in relation to carrying out their duties—to ensure the High Court is fully informed of all matters that are relevant to a just outcome, including Dr Manock's shocking record, when it hears the matter?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:16): I thank the honourable member for his question and do note his longstanding interest in this and other matters. In response to his question, I will not be directing the DPP in relation to this matter. The power for direction to the DPP is an extraordinary power and is used very rarely, and I have confidence the DPP will apply as necessary what is right in these circumstances.

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