❓ Opposition MP Michael Mischin questions the Attorney General regarding an ex gratia payment to Gene Gibson, seeking details on legal advice received and potential recovery of funds. The Attorney General declines to answer due to legal professional privilege.
AnsweredQoN 534Legislative Council
Asked
28 June 2018
Member
Portfolio
Leader of the House representing the Attorney General
QuestionView source ↗
GENE GIBSON — EX
GRATIA AWARD
534. Hon MICHAEL MISCHIN to the Leader of the House
representing the Attorney General:
I refer to the Attorney General's
answer to my question without notice 422 of 12 June regarding the ex gratia payment
of $1.5 million to Gene Gibson for what he has described as a serious
miscarriage of justice for which Mr Gibson was blameless but for which the
state was not to blame.
(1) Did the
advice the Attorney General receive from the State Solicitor's Office
support or not support the making of a payment?
(2) Did the
advice he receive identify failings for which the state was responsible, with
reference to the Court of Appeal judgement in Gibson v State of Western Australia
[2017] WASCA 141; and, if so, precisely what were those failings?
(3) To the extent
that the miscarriage of justice resulted from Mr Gibson's blameless
plea of guilty on the basis of legal advice, is the state proposing to recover
any of the $1.5 million from his legal representatives; and, if not, why not?
(4) Why will the
government not pay compensation to other accused who are acquitted on appeal,
having been convicted after pleas of not guilty, and so suffered a miscarriage
of justice for which they are blameless?
GRATIA AWARD
534. Hon MICHAEL MISCHIN to the Leader of the House
representing the Attorney General:
I refer to the Attorney General's
answer to my question without notice 422 of 12 June regarding the ex gratia payment
of $1.5 million to Gene Gibson for what he has described as a serious
miscarriage of justice for which Mr Gibson was blameless but for which the
state was not to blame.
(1) Did the
advice the Attorney General receive from the State Solicitor's Office
support or not support the making of a payment?
(2) Did the
advice he receive identify failings for which the state was responsible, with
reference to the Court of Appeal judgement in Gibson v State of Western Australia
[2017] WASCA 141; and, if so, precisely what were those failings?
(3) To the extent
that the miscarriage of justice resulted from Mr Gibson's blameless
plea of guilty on the basis of legal advice, is the state proposing to recover
any of the $1.5 million from his legal representatives; and, if not, why not?
(4) Why will the
government not pay compensation to other accused who are acquitted on appeal,
having been convicted after pleas of not guilty, and so suffered a miscarriage
of justice for which they are blameless?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1)–(3) Answering
this question would require the disclosure of matter that is subject to legal
professional privilege and, accordingly, I am unable to provide the requested
information. I am cognisant of my obligations under section 82 of the Financial
Management Act and will provide any notice required by that section to
Parliament and to the Auditor General in accordance with the legislative
requirements.
(4) Ex gratia
payments are discretionary payments made in exceptional circumstances on the
prerogative of the executive following the receipt of advice from the State
Solicitor's Office and need to be determined on the particular
circumstances of the matter at hand.
some notice of the question.
(1)–(3) Answering
this question would require the disclosure of matter that is subject to legal
professional privilege and, accordingly, I am unable to provide the requested
information. I am cognisant of my obligations under section 82 of the Financial
Management Act and will provide any notice required by that section to
Parliament and to the Auditor General in accordance with the legislative
requirements.
(4) Ex gratia
payments are discretionary payments made in exceptional circumstances on the
prerogative of the executive following the receipt of advice from the State
Solicitor's Office and need to be determined on the particular
circumstances of the matter at hand.
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