❓ Mrs Roberts questions the legality of the arrest of police officers following a shooting in Carlisle and requests an independent inquiry. The Acting Minister for Police states he hasn't received independent legal advice but believes the arrests were not the appropriate course of action and an internal review is underway.
AnsweredQoN 949Legislative Assembly
QuestionView source ↗
POLICE SHOOTING — CARLISLE —
ARRESTS
949. Mrs M.H. ROBERTS to the Acting
Minister for Police:
I refer to the recent Carlisle
shooting and the arrest of police officers under the Criminal Investigation
Act.
(1) Has the
minister had any legal advice, independent of WA Police, as to the lawfulness
of the arrests?
(2) If yes to (1), from whom and
when?
(3) Given the unprecedented nature
of these arrests, will the minister ensure an independent inquiry?
ARRESTS
949. Mrs M.H. ROBERTS to the Acting
Minister for Police:
I refer to the recent Carlisle
shooting and the arrest of police officers under the Criminal Investigation
Act.
(1) Has the
minister had any legal advice, independent of WA Police, as to the lawfulness
of the arrests?
(2) If yes to (1), from whom and
when?
(3) Given the unprecedented nature
of these arrests, will the minister ensure an independent inquiry?
AnswerView source ↗
(1)–(3) No,
I have not personally received any legal advice. I am not sure whether it has
been provided to the police service itself. It, of course, has its own internal
legal advisers and I know the issue has been considered within WA Police. I do
not think that there is any suggestion that what occurred on the day, which the
Premier and I have made clear we do not think, with the benefit of hindsight, was
the most appropriate course of action —
Mrs M.H. Roberts : Was it legal?
Mr
J.H.D. DAY : I have not been given any advice that it was not legal. I do
not know whether the member has had any advice to that effect.
Several members interjected.
The
SPEAKER : Members, please!
Mr
J.H.D. DAY : The Premier and I have made it clear that we do not believe
that arresting the officers was the appropriate course of action. The
Commissioner of Police has explained the circumstances and the two options that
were available to the police investigating the actions of other police.
Remember that these decisions are made by other Western Australia Police, at a
senior level of course.
Mr
J.R. Quigley interjected.
The
SPEAKER : Member for Butler, I call you to order for the first time.
Mr
J.H.D. DAY : I believe that it is accepted by everyone that it is necessary
when severe action is taken by police with the consequences that occurred for
them to justify the action taken. Having said that, the police involved clearly
faced a traumatic situation and they should be supported. I made that clear at
a briefing I had on the Monday and, in fact, that is accepted by the
Commissioner of Police and no-one would dispute that at all. Everybody accepts
that they need to be questioned. The issue is how that occurs, whether it
occurs under police regulations or under the Criminal Investigation Act. As I
understand it, under the Criminal Investigation Act, they had access to a
lawyer, and that is not necessarily the case in relation to questioning under
the police regulations. As I said, it is now widely accepted that the arrest of
the officers was not the appropriate course of action, albeit I believe they
were treated humanely and appropriately and there was certainly due regard for
their own welfare, as there should have been.
In relation to an independent
inquiry, no, there has not been a decision to put that in place. Based on all
the information that I have, I do not believe it is necessary. There is, of
course, a review of the whole situation occurring within WA Police and there
will be a further report to the government in relation to that.
I have not personally received any legal advice. I am not sure whether it has
been provided to the police service itself. It, of course, has its own internal
legal advisers and I know the issue has been considered within WA Police. I do
not think that there is any suggestion that what occurred on the day, which the
Premier and I have made clear we do not think, with the benefit of hindsight, was
the most appropriate course of action —
Mrs M.H. Roberts : Was it legal?
Mr
J.H.D. DAY : I have not been given any advice that it was not legal. I do
not know whether the member has had any advice to that effect.
Several members interjected.
The
SPEAKER : Members, please!
Mr
J.H.D. DAY : The Premier and I have made it clear that we do not believe
that arresting the officers was the appropriate course of action. The
Commissioner of Police has explained the circumstances and the two options that
were available to the police investigating the actions of other police.
Remember that these decisions are made by other Western Australia Police, at a
senior level of course.
Mr
J.R. Quigley interjected.
The
SPEAKER : Member for Butler, I call you to order for the first time.
Mr
J.H.D. DAY : I believe that it is accepted by everyone that it is necessary
when severe action is taken by police with the consequences that occurred for
them to justify the action taken. Having said that, the police involved clearly
faced a traumatic situation and they should be supported. I made that clear at
a briefing I had on the Monday and, in fact, that is accepted by the
Commissioner of Police and no-one would dispute that at all. Everybody accepts
that they need to be questioned. The issue is how that occurs, whether it
occurs under police regulations or under the Criminal Investigation Act. As I
understand it, under the Criminal Investigation Act, they had access to a
lawyer, and that is not necessarily the case in relation to questioning under
the police regulations. As I said, it is now widely accepted that the arrest of
the officers was not the appropriate course of action, albeit I believe they
were treated humanely and appropriately and there was certainly due regard for
their own welfare, as there should have been.
In relation to an independent
inquiry, no, there has not been a decision to put that in place. Based on all
the information that I have, I do not believe it is necessary. There is, of
course, a review of the whole situation occurring within WA Police and there
will be a further report to the government in relation to that.
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