Legislative Council
The Hon. IAN GILFILLAN: I seek leave to make a brief explanation before asking
the Attorney-General a question about the National Crime Authority bombing of March 1994.
Leave granted.
The Hon. IAN GILFILLAN: The facts of the NCA bombing are well known: it took place
on 2 March 1994 and claimed the life of Detective Sergeant Geoffrey Bowen and seriously
injured lawyer Peter Wallis. A person was charged over the bombing and, after committal
proceedings, was ordered to stand trial, but the Director of Public Prosecutions decided
not to proceed with the case because he determined that there was not a reasonable
prospect of conviction. Now, more than four years after the bombing, the case is still
open but there is little prospect of any charges being laid.
The Commonwealth has offered a maximum reward of $500 000 but there has been little,
if any, progress. In January this year police failed to persuade the DPP to re-open the
prosecution, and, in an article appearing in the Australian on 1 March, Assistant
Commissioner (Crime) Rob Lean, said:
No individual is under investigation or observation in relation to the bombing.
In New South Wales a similar situation arose after another shocking crime that same
yearóthe 1994 shooting murder of Labor MP John Newman. Mr Newman was gunned down outside
his Cabramatta home. After more than three years of police investigation in New South
Wales, there was a similar result: no charges laid and no prosecution launched. How-ever,
the Newman case was reopened earlier this year by way of a Coroner's inquest. Evidence
which emerged at that inquest was sufficiently strong to enable charges to be subsequently
laid. Three men are now facing trial over that murder.
In South Australia the Coroner is prevented from investi-gating the 1994 National
Crime Authority bombing by section 26 of the Coroners Act. That section prevents the
Coroner's holding an inquest where a person has been charged with criminal proceedings
unless the Attorney-General so directs. This situation is unsatisfactory not only to those
most immediately affected by the bombing but also to the most senior member of the Federal
Parliamentary Committee overseeing the NCA, Independent Liberal Paul Filing. Mr Filing has
said that he is `very disappointed' that no inquest has been ordered.
Given that in this case the charges which were laid were subsequently not proceeded
with and given the lack of progress in the police investigation of the bombing, my
question is simple: will the Attorney-General direct the Coroner to hold an inquest into
the bombing pursuant to section 26 of the Coroners Act and, if so, when will he so direct
and, if not, why not?
The Hon. K.T. GRIFFIN: I will take the question on notice and bring back a reply.
There may be some reasons why the Coroner should not conduct an inquest, but I will need
to give careful consideration to those.
See also Ian`s News Releases on this topic 7 July
1998, and 26 August 1998, as well as his
follow-up Parliamentary Question: 26 August 1998
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