A parliamentary question regarding the potential prosecution of Joe McDonald, with the Minister clarifying the process and denying interference. The Minister deflects responsibility for the decision to prosecute, emphasizing the role of the Director of Public Prosecutions.

AnsweredQoN 850Legislative Assembly
Asked
27 March 2002
Member
Portfolio
Consumer and Employment Protection

QuestionView source ↗

I refer the minister to his admission in this House yesterday, following pressure from the Liberal Opposition, that standover tactics used by the Assistant Secretary of the Construction Mining Forestry and Energy Union, Joe McDonald, warranted prosecution. (1) Who will decide to proceed with the prosecution and on what basis? (2) Have any of the minister’s colleagues in the Labor Party attempted to subvert the course of the investigation or pressure the minister in any way into not proceeding with the prosecution of Joe McDonald? Mr KOBELKE

AnswerView source ↗

(1)-(2) It is not my role to decide who will be prosecuted. In responding to the question yesterday, I was too frank. I do not think that served our system of justice in this State. Former coalition ministers regularly made statements on matters that were likely to be prosecuted. I do not have a role in that. I have not sought to influence whether the prosecution should proceed. Evidence was in the public arena that led me to ask questions. On the basis of those questions, I was provided with advice on what was happening in government. The outcome of charges is not something over which I have control, nor should it be. The rightful authority, the Director of Public Prosecutions, will consider that. As I indicated to the House yesterday, the agencies under my control have been working in this area and certain matters are proceeding. That is as much information as I can provide. Any decision about a proper process for prosecutions is out of my control and that of all other members in this Chamber.
(1) Who will decide to proceed with the prosecution and on what basis? (2) Have any of the minister’s colleagues in the Labor Party attempted to subvert the course of the investigation or pressure the minister in any way into not proceeding with the prosecution of Joe McDonald? Mr KOBELKE replied: (1)-(2) It is not my role to decide who will be prosecuted. In responding to the question yesterday, I was too frank. I do not think that served our system of justice in this State. Former coalition ministers regularly made statements on matters that were likely to be prosecuted. I do not have a role in that. I have not sought to influence whether the prosecution should proceed. Evidence was in the public arena that led me to ask questions. On the basis of those questions, I was provided with advice on what was happening in government. The outcome of charges is not something over which I have control, nor should it be. The rightful authority, the Director of Public Prosecutions, will consider that. As I indicated to the House yesterday, the agencies under my control have been working in this area and certain matters are proceeding. That is as much information as I can provide. Any decision about a proper process for prosecutions is out of my control and that of all other members in this Chamber.
(2) Have any of the minister’s colleagues in the Labor Party attempted to subvert the course of the investigation or pressure the minister in any way into not proceeding with the prosecution of Joe McDonald? Mr KOBELKE replied: (1)-(2) It is not my role to decide who will be prosecuted. In responding to the question yesterday, I was too frank. I do not think that served our system of justice in this State. Former coalition ministers regularly made statements on matters that were likely to be prosecuted. I do not have a role in that. I have not sought to influence whether the prosecution should proceed. Evidence was in the public arena that led me to ask questions. On the basis of those questions, I was provided with advice on what was happening in government. The outcome of charges is not something over which I have control, nor should it be. The rightful authority, the Director of Public Prosecutions, will consider that. As I indicated to the House yesterday, the agencies under my control have been working in this area and certain matters are proceeding. That is as much information as I can provide. Any decision about a proper process for prosecutions is out of my control and that of all other members in this Chamber.
Mr KOBELKE replied: (1)-(2) It is not my role to decide who will be prosecuted. In responding to the question yesterday, I was too frank. I do not think that served our system of justice in this State. Former coalition ministers regularly made statements on matters that were likely to be prosecuted. I do not have a role in that. I have not sought to influence whether the prosecution should proceed. Evidence was in the public arena that led me to ask questions. On the basis of those questions, I was provided with advice on what was happening in government. The outcome of charges is not something over which I have control, nor should it be. The rightful authority, the Director of Public Prosecutions, will consider that. As I indicated to the House yesterday, the agencies under my control have been working in this area and certain matters are proceeding. That is as much information as I can provide. Any decision about a proper process for prosecutions is out of my control and that of all other members in this Chamber.
(1)-(2) It is not my role to decide who will be prosecuted. In responding to the question yesterday, I was too frank. I do not think that served our system of justice in this State. Former coalition ministers regularly made statements on matters that were likely to be prosecuted. I do not have a role in that. I have not sought to influence whether the prosecution should proceed. Evidence was in the public arena that led me to ask questions. On the basis of those questions, I was provided with advice on what was happening in government. The outcome of charges is not something over which I have control, nor should it be. The rightful authority, the Director of Public Prosecutions, will consider that. As I indicated to the House yesterday, the agencies under my control have been working in this area and certain matters are proceeding. That is as much information as I can provide. Any decision about a proper process for prosecutions is out of my control and that of all other members in this Chamber.

Explore WA Government Data

Search the full archive in the free dashboard, or query programmatically via API.

Explore more