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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-02-21 Daily Xml
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Director of Public Prosecutions

The Hon. F. PANGALLO (14:51): I seek leave to make a brief explanation before asking a question of the Attorney-General about the Director of Public Prosecutions.

Leave granted.

The Hon. F. PANGALLO: For almost 40 years, Derek Bromley has been in custody for a murder he maintains he did not commit. He is the longest serving prisoner in custody in Australia and easily the longest serving Indigenous prisoner. He was eligible for parole 14 years ago, but because he will not admit to his crime before the Parole Board he remains locked up and will remain there until he does or is successful in his appeal to the High Court.

On 14 February, I received a letter, also addressed to the Attorney-General, from Professor Bob Moles, in which he says the DPP has failed in his obligation to make full disclosure to the High Court to ensure it is not misled in his submission opposing Mr Bromley's appeal. I seek leave to table that document.

Leave granted.

The Hon. F. PANGALLO: In short, Mr Hinton does not intend telling the High Court that one of the Crown's chief witnesses, Dr Colin Manock, was unqualified when giving evidence at Mr Bromley's trial and was later discredited, which would most likely have rendered his evidence inadmissible. Instead, he asked the High Court to only rely upon the findings of the Court of Criminal Appeal in relation to pathological evidence and a cause of death. Professor Moles says that not to disclose this information is a serious breach of Mr Hinton's prosecutorial duties.

One of Australia's most senior criminal barristers agrees and is astonished how this information has been ignored and the implications it could have for the integrity of our legal system. As a postscript, Dr Manock's notoriety, misconduct and incompetent history as head of the state's forensic centre will be the subject of a national TV program on the nine network's Under Investigation tomorrow night. My question to the Attorney-General is:

1. As the state's senior law officer, do you have concerns the DPP refuses to comply with his legal obligations not to mislead the High Court?

2. Will you seek from Mr Hinton an explanation for his omission of information that may be vital in the High Court's final determination and present it to the chamber in the next sitting week as a matter of urgency?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:53): I thank the honourable member for his question and interest in many areas of justice in South Australia. I am not aware of the DPP—and in fact South Australia has in general, and for a very long time, been served very well by independent DPPs in the duties they perform.

I am not aware of any suggestion that the DPP doesn't comply with their obligations and duties, but in relation to the specific matter the honourable member has taken up, I acknowledge that it is one of significant importance to him and he has raised these and other issues a number of times. I will take it up and bring back an urgent response for him in relation to this particular area.

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