Opposition questions the Attorney General regarding the handling of the Dante Arthurs case, specifically the DPP's role in seeking additional evidence and the lack of DNA testing. The Attorney General deflects, blaming the police for not gathering sufficient evidence.

AnsweredQoN 650Legislative Assembly
Asked
12 November 2007
Portfolio
Attorney General

QuestionView source ↗

DANTE ARTHURS - POLICE INVESTIGATION
I refer to the investigation into the bungling of the case into the sick and sadistic murderer Dante Arthurs. (1) Can the Attorney General confirm that under the Director of Public Prosecutions’ own prosecution policy and guidelines, the prosecutor had a responsibility to seek additional evidence before dropping the 2003 case? (2) Given the amount of blood present, did the prosecutor ask the police whether there was additional DNA evidence, such as on Dante Arthurs’ clothing; and, if not, why not? (3) How does the Attorney General explain comments by the police union that the DPP knew that DNA testing was not conducted on Dante Arthurs’ clothing? Mr J.A. McGINTY

AnswerView source ↗

(1)-(3) If the Leader of the Opposition was serious about an answer to a detailed question about the nature of the information that was provided to the DPP, he would have given some notice of that question. Having said that, let me say this. It is quite clear that the police commissioner has indicated - Mr P.D. Omodei interjected. Mr J.A. McGINTY : It is quite clear that the police commissioner has indicated that the police concerned with the Dante Arthurs investigation into the 2003 assault did not handle the matter, in the view of the police commissioner, as professionally as should have been done. The issue was one of the police gathering the evidence that was necessary in order for a prosecution to take place. The fact of the DNA evidence - the blood that was found on Dante Arthurs’ shorts - was something that came to light only in recent months. I think everyone here is well and truly aware of that.
(1) Can the Attorney General confirm that under the Director of Public Prosecutions’ own prosecution policy and guidelines, the prosecutor had a responsibility to seek additional evidence before dropping the 2003 case? (2) Given the amount of blood present, did the prosecutor ask the police whether there was additional DNA evidence, such as on Dante Arthurs’ clothing; and, if not, why not? (3) How does the Attorney General explain comments by the police union that the DPP knew that DNA testing was not conducted on Dante Arthurs’ clothing? Mr J.A. McGINTY replied: (1)-(3) If the Leader of the Opposition was serious about an answer to a detailed question about the nature of the information that was provided to the DPP, he would have given some notice of that question. Having said that, let me say this. It is quite clear that the police commissioner has indicated - Mr P.D. Omodei interjected. Mr J.A. McGINTY : It is quite clear that the police commissioner has indicated that the police concerned with the Dante Arthurs investigation into the 2003 assault did not handle the matter, in the view of the police commissioner, as professionally as should have been done. The issue was one of the police gathering the evidence that was necessary in order for a prosecution to take place. The fact of the DNA evidence - the blood that was found on Dante Arthurs’ shorts - was something that came to light only in recent months. I think everyone here is well and truly aware of that.
(2) Given the amount of blood present, did the prosecutor ask the police whether there was additional DNA evidence, such as on Dante Arthurs’ clothing; and, if not, why not? (3) How does the Attorney General explain comments by the police union that the DPP knew that DNA testing was not conducted on Dante Arthurs’ clothing? Mr J.A. McGINTY replied: (1)-(3) If the Leader of the Opposition was serious about an answer to a detailed question about the nature of the information that was provided to the DPP, he would have given some notice of that question. Having said that, let me say this. It is quite clear that the police commissioner has indicated - Mr P.D. Omodei interjected. Mr J.A. McGINTY : It is quite clear that the police commissioner has indicated that the police concerned with the Dante Arthurs investigation into the 2003 assault did not handle the matter, in the view of the police commissioner, as professionally as should have been done. The issue was one of the police gathering the evidence that was necessary in order for a prosecution to take place. The fact of the DNA evidence - the blood that was found on Dante Arthurs’ shorts - was something that came to light only in recent months. I think everyone here is well and truly aware of that.
(3) How does the Attorney General explain comments by the police union that the DPP knew that DNA testing was not conducted on Dante Arthurs’ clothing? Mr J.A. McGINTY replied: (1)-(3) If the Leader of the Opposition was serious about an answer to a detailed question about the nature of the information that was provided to the DPP, he would have given some notice of that question. Having said that, let me say this. It is quite clear that the police commissioner has indicated - Mr P.D. Omodei interjected. Mr J.A. McGINTY : It is quite clear that the police commissioner has indicated that the police concerned with the Dante Arthurs investigation into the 2003 assault did not handle the matter, in the view of the police commissioner, as professionally as should have been done. The issue was one of the police gathering the evidence that was necessary in order for a prosecution to take place. The fact of the DNA evidence - the blood that was found on Dante Arthurs’ shorts - was something that came to light only in recent months. I think everyone here is well and truly aware of that.
Mr J.A. McGINTY replied: (1)-(3) If the Leader of the Opposition was serious about an answer to a detailed question about the nature of the information that was provided to the DPP, he would have given some notice of that question. Having said that, let me say this. It is quite clear that the police commissioner has indicated - Mr P.D. Omodei interjected. Mr J.A. McGINTY : It is quite clear that the police commissioner has indicated that the police concerned with the Dante Arthurs investigation into the 2003 assault did not handle the matter, in the view of the police commissioner, as professionally as should have been done. The issue was one of the police gathering the evidence that was necessary in order for a prosecution to take place. The fact of the DNA evidence - the blood that was found on Dante Arthurs’ shorts - was something that came to light only in recent months. I think everyone here is well and truly aware of that.
(1)-(3) If the Leader of the Opposition was serious about an answer to a detailed question about the nature of the information that was provided to the DPP, he would have given some notice of that question. Having said that, let me say this. It is quite clear that the police commissioner has indicated - Mr P.D. Omodei interjected. Mr J.A. McGINTY : It is quite clear that the police commissioner has indicated that the police concerned with the Dante Arthurs investigation into the 2003 assault did not handle the matter, in the view of the police commissioner, as professionally as should have been done. The issue was one of the police gathering the evidence that was necessary in order for a prosecution to take place. The fact of the DNA evidence - the blood that was found on Dante Arthurs’ shorts - was something that came to light only in recent months. I think everyone here is well and truly aware of that.
Mr P.D. Omodei interjected. Mr J.A. McGINTY : It is quite clear that the police commissioner has indicated that the police concerned with the Dante Arthurs investigation into the 2003 assault did not handle the matter, in the view of the police commissioner, as professionally as should have been done. The issue was one of the police gathering the evidence that was necessary in order for a prosecution to take place. The fact of the DNA evidence - the blood that was found on Dante Arthurs’ shorts - was something that came to light only in recent months. I think everyone here is well and truly aware of that.
Mr J.A. McGINTY : It is quite clear that the police commissioner has indicated that the police concerned with the Dante Arthurs investigation into the 2003 assault did not handle the matter, in the view of the police commissioner, as professionally as should have been done. The issue was one of the police gathering the evidence that was necessary in order for a prosecution to take place. The fact of the DNA evidence - the blood that was found on Dante Arthurs’ shorts - was something that came to light only in recent months. I think everyone here is well and truly aware of that.

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