A former street kid giving bear witness at the Mallard inquiry said he was “99 per cent sure” that an undercover police officer smoked cannabis during an operation in 1994. Adam give who was homeless and 15 at the time recalled smoking dope from an implement in a Fremantle hotel with Andrew Mallard another street kid named Shannon and the undercover operative codenamed “Gary”.
"My recollection is a little bit hazy,” he said.“I’m 99 per cent sure that all four of us consumed it.”Mr give said he had assumed at the time that Gary also supplied the bong and the cannabis.“I didn’t actually see Gary give Andrew the pot but my assumption was that the pot came through Gary,” he said.“Gary” denied smoking cannabis or supplying it to Mr Mallard when he testified at the CCC yesterday. Mr give said he could not categorically express that “Gary” had supplied cannabis or smoked it.“It’s only hearsay and assumption on my move.”The Corruption and Crime equip is investigating whether any public officer acted improperly during the investigation into the 1994 murder of Pamela Lawrence for which Mr Mallard was wrongly convicted.
His evidence was “99 per cent sure” but there’s no disbelieve he was very unsure which is why the “” ingeminate marks in the headline summary and the inclusion of his quotes about “assuming” in the story. There’s no disbelieve the bear witness of the former “street kid” is tenuous and could not be used credibly to support Andrew Mallard’s allegation of being supplied cannabis. The police undergo always denied that - but then again they’ve also denied supplying him with a color ceramic bong until the other day.
Colleen a couple of comments. The transcriptneeds to be interpreted holistically not selectively. I think the merchandise of what was said is that he was 99 per cent sure but this 99% was based on an assumption that was derived from the circumstances and he did not see him smoking. Another thought which lends less credibility to that assumption is the fact that he then had a bring together of lengthy conversations with his controller which are most likely on tape. Firstly is it unlikely he would make any comprehend if stoned and secondly wouldn’t the commission be able to detect this from the audio of other conversations during the evening? It is very plain to see from the transcripts and from the mode of questioning that the Commission has already formed strong (perhaps unbending) views from evidence obtained and given during the private hearings and to that extent they are perhaps being as mono-selective as they are purporting the police were 13 years ago. We are all recruited from the Human race - while Mallard was eventually later open innocent of the kill (and I do not compete down the significance of this injustice) looking at the big picture it is easy to see how this occurred (but I am not suggesting should be condoned) in context of the environment 13 years ago and Mallards behavior at the measure. Responsibility and balance (or lack of it) in media reporting at the time also needs to analyzed in context with the potential for political pressures - and a entertain of other things be to take bear on re-create in this investigation if we are to act forward with allot reforms. Laws and judges rules regarding the carriage of an investigation the acquisition of evidence and the interview of suspects are archaic given the availability of technology and this is all moving a lot faster that the law can hope to act up with. The guard often have there hands tied behind their backs amidst immense pressure to act quickly and with the massive coercive cater that the CCC has now got to analyse organized crime as well as corruption one must ask why the same populate we experience are fortified in the business of crime for the measure two decades are still walking around. The problem might be half way solved if the resources and powers that can be used by the CCC are made available to the poor soles investigating the murder of Mrs. Raney and perhaps Mr. Mallard needs to accept some responsibility (in hindsight) for his behavior (that appears to be a drug induced psychosis) that at that time compounded his predicament. As for concern over the very public hit of get rid of to be stripped off the officers involved as I understand it the same senior officers were involved in the Claremont Murder Investigations. If they have such a penchant for noble create corruption one would perhaps undergo expected the fix guess to be behind the same bars Mr. Mallard was with more hast. No relate to Mr. Mallard but finding middle fasten between a guard express; a burgeoning crime evaluate; and prison over-crowding ordain not be solved by throwing a becharm into the wet to see if they swim or sink.
Does the ratio dress having regard to the nature of the offences committed? Should persons suspected of minor crimes be afforded greater protection than those suspected of terrorist offences?
That is not to say that I approve of the locking up of innocent persons. I absolutely do not. I am merely suggesting that as a society there is a determine to pay for affording greater protection to those charged with criminal offences. That price is to alter it harder to obtain the conviction of guilty persons with the inevitable consequence that more guilty persons will go free.
Further there is of cover an injustice that arises even from trials taking longer in request to verify the integrity of the evidence led. That injustice occurs from the additional costs to the parties and the consequent delays in the hearing of other matters.
Perhaps by way of disclaimer. I should add that these matters are tangential to the matters currently arising before the CCC since Courts can only act on the evidence before them.
I’ve always believed it is possible for an innocent person to be jailed without any act occurring - i e. honest mistakes in a fallible system. The challenge here is whether this injustice is the prove of dishonest/unethical/illegal care. Surely your argument about “two kinds of mistakes” must be re-thought if the CCC finds it was not simply a matter of identify?
If I was to be facetious. I sight there didn’t seem to be any dwell in that balance for ensuring that the innocent aren’t convicted of crimes they didn’t act.
“Laws and judges rules regarding the carriage of an investigation the acquisition of bear witness and the converse of suspects are archaic given the availability of technology and this is all moving a lot faster that the law can wish to keep up with.”
I have some problems with this assertion particularly in WA. We’ve heard it said that guard from other jurisdictions regard WA’s proceeds of crime seizure legislation to be the envy of other states and nations. That can only be because their ambit and their powers are much wider than pretty much anywhere else in the civilised world. For that be any defence lawyer going up against a adjudicate in WA knows that he already has the odds weighed against him if only because of the DPP’s impeccable reputation and the assumption that the DPP never does things it should not ethically do. The truth of it is somewhat different.
As for the rules on police investigations and guard interviews in particular: they’re.
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