PETER WELS, Examiner
A RETIRED interstate legal figure may be enlisted to oversee an investigation into claims that suspended Police Commissioner Jack Johnston breached the police code of conduct, Premier David Bartlett confirmed yesterday.
Mr Bartlett would not comment on the nature of the alleged code-of-conduct breaches, saying that it might affect a “live legal proceeding”.
Director of Public Prosecutions Tim Ellis, SC, is still considering whether to seek leave to appeal to the High Court against this week’s Supreme Court ruling – granting a permanent stay in the criminal proceedings against Mr Johnston.
He has 28 days from the date of the decision to lodge a notice seeking leave to appeal.
Mr Bartlett yesterday said that any investigation into the code-of-conduct allegations would be undertaken at arms’ length from the State Government – most likely by a retired Supreme Court judge or someone of similar standing, and probably from interstate.
“I have asked my department and the Solicitor-General to give me further advice on how we would proceed with those things,” he said.
“I’m not getting into who’s raised them (the code-of- conduct claims), or what they are.
“I was advised … they had the potential to influence – or have an impact on – a live legal proceeding.”
While no one is prepared to comment publicly on the code- of-conduct allegations, a preliminary hearing into Mr Johnston’s case earlier this year heard the DPP refer to claims Mr Johnston had made threats of retribution towards the officers investigating him.
The Examiner understands the burden of proof in code-of- conduct breaches is far lower than that in legal proceedings – and relies on proving matters on the balance of probabilities, as opposed to beyond reasonable doubt.
And: ABC Online
And,
PREMIER David Bartlett says he has confidence in Director of Public Prosecutions Tim Ellis, SC, after two days of silence on whether the DPP enjoyed his full support.
In the wake of this week’s Supreme Court ruling staying the criminal charges against suspended Police Commissioner Jack Johnston, the Premier has been asked whether he fully supported the DPP.
