Flak flies over top cop appeal

MICHAEL STEDMAN, Mercury September 03, 2009 02:00am
A FORMER attorney-general has accused the Director of Public Prosecutions of potential misconduct in his pursuit of Tasmanian Police Commissioner Jack Johnston.
Sir Max Bingham accused Tim Ellis of having a conflict of interest in taking the case against Mr Johnston to the High Court.

Justice Peter Evans ruled last month that the prosecution of Mr Johnston on two counts of disclosing official secrets was doomed to fail and put a permanent stay on proceedings.

Sir Max, a friend of Mr Johnston, said Mr Ellis “had disclosed a personal bias against Mr Johnston”, with whom he had a difficult relationship.

“For all these reasons, Mr Ellis should either have disqualified himself from making the decision on whether to lay charges against the Commissioner of Police, or he should have sought an unbiased opinion from an outside source to guide him on the matter,” Sir Max said.

He wants an independent review of the case, including Mr Ellis’s conduct.

The $420,000-a-year DPP position is held for life unless accusations of misbehaviour under Section 10 of the Director of Public Prosecutions Act 1973 are upheld.

Mr Ellis declined to comment when contacted by the Mercury yesterday but assistant DPP Darryl Coates described the statement as a “personal attack on Mr Ellis”.

Mr Coates said it was his decision to initiate the case against Mr Johnston, not that of Mr Ellis.

“The complaint and indictment were mine as duly appointed Crown Law Officer,” Mr Coates said.

“It appears to be overlooked by Mr Bingham that Mr Johnston’s senior barrister Mr P. Tree SC … asserted no improper motives on the partof the state for filing the indictment.”

…

Liberal leader Will Hodgman said the issue highlighted the need for a permanent ethics commission.

“People with serious concerns about how public officials conduct themselves should have a properly equipped and confidential body which can assess and, if necessary, independently investigate allegations of misconduct or corruption.”

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