Mr BURKE - 2005-03-22
Last sittings, we asked why the Director of Public Prosecutions supported a move by defence lawyers to suppress the name of a prominent Territorian who has been charged with child sex offences. We now learn the DPP has supported a move by those same defence lawyers to have the case deferred to next year, ostensibly due to ill health of the accused. Do you support the DPP in their actions, or will you be asking them to make submissions which will see this prominent Territorian, who has already been charged with being in possession of child pornography and child sexual abuse, from being at large in the community while the court process is delayed?
Madam SPEAKER: Members, I reiterate my earlier remarks that this is subject to sub judice convention and details of the case are not to be mentioned. In fact, I am not sure whether you should be discussing this case at all.
ANSWER
Madam Speaker I …
Mr Baldwin interjecting.
Madam SPEAKER: Please wait a moment, Attorney-General. I beg your pardon, member for Daly?
Mr Baldwin interjecting.
Madam SPEAKER: Watch your remarks.
Dr TOYNE: As Attorney-General, I repeat that warning to members: it is not appropriate to be talking in this House about a case which is still ongoing. I recommend members be very careful regarding the boundary between parliament and the justice system.
The question goes to whether I will direct the Director of Public Prosecutions to do this or that. The Director of Public Prosecutions is an independent statutory position and it would be totally improper for me, as Attorney-General, to be recommending, let alone directing, the Director of Public Prosecutions to take any particular measure in a particular case. I will not do so; I will not be doing so. Those are decisions for him alone, and we will see what process he chooses to follow.
Madam SPEAKER: Members, I reiterate my earlier remarks that this is subject to sub judice convention and details of the case are not to be mentioned. In fact, I am not sure whether you should be discussing this case at all.
ANSWER
Madam Speaker I …
Mr Baldwin interjecting.
Madam SPEAKER: Please wait a moment, Attorney-General. I beg your pardon, member for Daly?
Mr Baldwin interjecting.
Madam SPEAKER: Watch your remarks.
Dr TOYNE: As Attorney-General, I repeat that warning to members: it is not appropriate to be talking in this House about a case which is still ongoing. I recommend members be very careful regarding the boundary between parliament and the justice system.
The question goes to whether I will direct the Director of Public Prosecutions to do this or that. The Director of Public Prosecutions is an independent statutory position and it would be totally improper for me, as Attorney-General, to be recommending, let alone directing, the Director of Public Prosecutions to take any particular measure in a particular case. I will not do so; I will not be doing so. Those are decisions for him alone, and we will see what process he chooses to follow.
Last updated: 09 Aug 2016