Mr. Johnson questions the Attorney General regarding the death of Leon Robinson and the acquittal of his assailants, seeking action for justice. The Attorney General responds that the matter is under consideration, addressing double jeopardy and potential abuse of process concerns.

AnsweredQoN 295Legislative Assembly
Asked
22 June 2005
Portfolio
Attorney General

QuestionView source ↗

I refer the Attorney General to the death of Leon Robinson following an assault by four people, who were recently acquitted of charges relating to his death. (1) What steps has the Attorney General taken in conjunction with the Office of the Director of Public Prosecutions to either find grounds for appeal or have the four self-confessed assailants charged with other offences, which might deliver some sense of justice and punishment? (2) If the Attorney General has not followed up on the case, why not? Mr J.A. McGINTY

AnswerView source ↗

(1)-(2) I discussed this matter with the Acting Director of Public Prosecutions on Monday. We discussed the double jeopardy rule provisions and the reasons the charges were laid in the way they were. We also discussed whether there were any options for alternative charges to be laid and the likelihood that any alternative charges would be ruled out by a court on the basis of an abuse of process. I have discussed this matter this week with the Acting DPP. It is not clear whether there is a way forward. The matter is receiving ongoing consideration.
(1) What steps has the Attorney General taken in conjunction with the Office of the Director of Public Prosecutions to either find grounds for appeal or have the four self-confessed assailants charged with other offences, which might deliver some sense of justice and punishment? (2) If the Attorney General has not followed up on the case, why not? Mr J.A. McGINTY replied: (1)-(2) I discussed this matter with the Acting Director of Public Prosecutions on Monday. We discussed the double jeopardy rule provisions and the reasons the charges were laid in the way they were. We also discussed whether there were any options for alternative charges to be laid and the likelihood that any alternative charges would be ruled out by a court on the basis of an abuse of process. I have discussed this matter this week with the Acting DPP. It is not clear whether there is a way forward. The matter is receiving ongoing consideration.
(2) If the Attorney General has not followed up on the case, why not? Mr J.A. McGINTY replied: (1)-(2) I discussed this matter with the Acting Director of Public Prosecutions on Monday. We discussed the double jeopardy rule provisions and the reasons the charges were laid in the way they were. We also discussed whether there were any options for alternative charges to be laid and the likelihood that any alternative charges would be ruled out by a court on the basis of an abuse of process. I have discussed this matter this week with the Acting DPP. It is not clear whether there is a way forward. The matter is receiving ongoing consideration.
Mr J.A. McGINTY replied: (1)-(2) I discussed this matter with the Acting Director of Public Prosecutions on Monday. We discussed the double jeopardy rule provisions and the reasons the charges were laid in the way they were. We also discussed whether there were any options for alternative charges to be laid and the likelihood that any alternative charges would be ruled out by a court on the basis of an abuse of process. I have discussed this matter this week with the Acting DPP. It is not clear whether there is a way forward. The matter is receiving ongoing consideration.
(1)-(2) I discussed this matter with the Acting Director of Public Prosecutions on Monday. We discussed the double jeopardy rule provisions and the reasons the charges were laid in the way they were. We also discussed whether there were any options for alternative charges to be laid and the likelihood that any alternative charges would be ruled out by a court on the basis of an abuse of process. I have discussed this matter this week with the Acting DPP. It is not clear whether there is a way forward. The matter is receiving ongoing consideration.

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