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key indigenous australian issues
| home | news l“Supreme Court review of DPP’s decision not to prosecute”Media Release: Boe Lawyers Lawyers for the Palm Island Aboriginal Council and the Doomadgee family 20 December 2006 - Preliminary advice received from a team of lawyers headed by Bret Walker SC from the NSW Bar suggests that the Queensland DPP’s decision not to prosecute is reviewable under the Judicial Review Act. An application for review to the Supreme Court of Queensland is expected to be filed shortly. The family is being forced to take this step as a last resort. They should not be forced into further litigation to achieve a just outcome in this matter. The proper course to be taken in light of the considerable public disconcert is to refer the entire matter to an independent prosecutorial agency such as the NSW DPP. This referral can be authorised by either the Queensland DPP Leanne Clare or the Attorney-General, Kerry Shine. The Attorney has a statutory right to present an ex officio indictment in the Supreme Court charging any person with a criminal offence. The circumstances surrounding this matter warrant Mr Shine commissioning an independent review to ensure that justice is not only done but seen to be done. Mrs Clare should equally recognise that an independent review is needed to resolve the current unhealthy impasse in the administration of justice involving her office. Mrs Clare need not be at all fearful if her confidence in her present decision not to prosecute Senior Sergeant Hurley is matched with competence and correct application of principle. The Beattie government has indicated a reluctance to interfere with the independence of the DPP. There is little to suggest that an independent review disturbs that principle. Indeed, such a course was taken in both the Fingleton and Volkers’ prosecutions. If these office holders and agencies will not take steps to clarify the question of liability it will be left to the family to attempt to pursue justice within the courts. That would be an unfortunate course for them to have to endure. The Premier, the Attorney-General and Mrs Clare can do the right thing, by the entire community, by commissioning an independent review. Andrew Boe Boe Lawyers Lawyers for the Palm Island Aboriginal Council and the Doomadgee family
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