Parliamentary Question

Minister Representing: Question No:190
Portfolio:minister representing the Attorney General Question Date:05/01/2007
Year:2007Answer Date:05/01/2007
Parliament:37Question Type:Question Without Notice
Session Number:1Asked By:Hon GIZ WATSON
Chamber:CouncilTabled Paper No:

Question:



DIRECTOR OF PUBLIC PROSECUTIONS - CASE OF PATRICK WARING


190. Hon GIZ WATSON to the minister representing the Attorney General:

I refer to the performance of the Office of the Director of Public Prosecutions, and especially the case of Patrick Waring as reported in The West Australian on 3 April 2007 under the heading “DPP a laughing stock: lawyer”.

(1) Is the minister satisfied with how the office handled the case of Patrick Waring?

(2) Why was the DNA identification delayed?

(3) Will the minister request an expedited DNA identification procedure in cases involving juveniles to prevent unjustified prison sentences?

(4) Is the minister addressing the reported inability of the office to fill senior lawyer positions?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

The questions reflect a misunderstanding of the DNA evidence used in the case by assuming that the DNA evidence in some way exonerated Mr Waring. In fact, the DNA evidence implicated him, so the three months’ delay in PathWest providing its report had no impact upon the period he was held in custody awaiting trial.

(1) Yes, the case was at all times competently managed by an experienced criminal lawyer.

(2) The delay in providing a report on the DNA arose from a backlog at PathWest.

(3) PathWest already has procedures by which high priority can be given to the preparation of reports in appropriate cases.

(4) The recruitment of senior lawyers is being addressed by national advertising of senior vacancies, the payment of incentives to facilitate transfers of successful applicants to Perth, the use of recruitment consultants, and longer-term strategies, including the recruitment of more less-experienced lawyers to be trained in-house as prosecutors.