Thursday, 5 April 2007 - 12:40pm |
National News

Legal discussions part of due process

1 min read

Police Commissioner Howard Broad says discussions between Police counsel and the Commission of Inquiry legal staff were in the spirit of ensuring accuracy, fairness and objectivity.

"To describe the interaction between Police counsel and the Commission as a "ferocious behind the scenes battle" suggests some have read more into the Commission of Inquiry report's appendices than is necessary," Mr Broad says.

"The Commission had to contend with a wealth of documented and oral evidence and it was in the interests of all parties that the re-presentation of that material was informed and accurate."

"My predecessor stated from the Commission's outset, that Police would fully cooperate with the Commission of Inquiry.

Ongoing involvement and discussion between and among Counsel and the Commission's legal representatives was an important part of the due process and requirements of natural justice inherent in that commitment.

"Furthermore, Police went to great lengths to provide the Commission with as much information as possible to support its terms of reference, including searching archives for historic files, evaluating files and providing witnesses.

"It was therefore important that this contribution was considered in an informed and fair manner."

As a party to the inquiry, Mr Broad says Police were given the opportunity to comment on a draft of the report and provided feedback.

"In my opinion, and based on what I saw as I came into the role of Commissioner toward the end of the process, Dame Margaret Bazley's final report is a fair and accurate reflection of the issues under discussion.

"This could only have occurred with expert input from all parties."

Mr Broad says all parties to the Commission of Inquiry had legal representation, as did the Commission. Complainants also had access to a lawyer provided by the Commission.

ENDS