❓ Hon Barbara Scott asks the Attorney General to table advice from the DPP regarding the decision not to prosecute individuals named in a report concerning Mr. Jan Ter Horst. The Attorney General declines, stating the advice was given to the police, who should decide on its release.
AnsweredQoN 343Legislative Council
QuestionView source ↗
MR jan ter horst — prosecution against individuals
(1) Will the Attorney General table the advice from the Director of Public Prosecutions regarding the reasons for not commencing a prosecution against the individuals named in Detective Sergeant Troy’s report? This advice in relation to the case of Mr Jan Ter Horst of 20 Moran Street, Beaconsfield was given on or about 19 October 2005. (2) In a letter dated 13 January 2009, the Attorney General, Hon Christian Porter, informed Mr Ter Horst that the DPP has no objection to a copy of the advice being provided to Mr Ter Horst. If the minister will not table it, why not? Hon SIMON O’BRIEN
(1) Will the Attorney General table the advice from the Director of Public Prosecutions regarding the reasons for not commencing a prosecution against the individuals named in Detective Sergeant Troy’s report? This advice in relation to the case of Mr Jan Ter Horst of 20 Moran Street, Beaconsfield was given on or about 19 October 2005. (2) In a letter dated 13 January 2009, the Attorney General, Hon Christian Porter, informed Mr Ter Horst that the DPP has no objection to a copy of the advice being provided to Mr Ter Horst. If the minister will not table it, why not? Hon SIMON O’BRIEN
AnswerView source ↗
I thank the honourable member for some notice of the question. I am sure that the member is happy that so many ministers are scrambling to offer a response! If I may offer this answer, the Attorney General advises the following — (1) Acting on a request from Mr Jan Ter Horst, the Attorney General corresponded with the Director of Public Prosecutions regarding the reasons for not commencing prosecution against the individuals named in Detective Sergeant Troy’s report. The Attorney General took the same view as the Director of Public Prosecutions, which was that the director’s advice was given to, pursuant to its request, the Western Australian police service. Therefore, the decision of whether to release that advice to Mr Jan Ter Horst is appropriately to be made by the responsible police officer. (2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
(2) In a letter dated 13 January 2009, the Attorney General, Hon Christian Porter, informed Mr Ter Horst that the DPP has no objection to a copy of the advice being provided to Mr Ter Horst. If the minister will not table it, why not? Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of the question. I am sure that the member is happy that so many ministers are scrambling to offer a response! If I may offer this answer, the Attorney General advises the following — (1) Acting on a request from Mr Jan Ter Horst, the Attorney General corresponded with the Director of Public Prosecutions regarding the reasons for not commencing prosecution against the individuals named in Detective Sergeant Troy’s report. The Attorney General took the same view as the Director of Public Prosecutions, which was that the director’s advice was given to, pursuant to its request, the Western Australian police service. Therefore, the decision of whether to release that advice to Mr Jan Ter Horst is appropriately to be made by the responsible police officer. (2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of the question. I am sure that the member is happy that so many ministers are scrambling to offer a response! If I may offer this answer, the Attorney General advises the following — (1) Acting on a request from Mr Jan Ter Horst, the Attorney General corresponded with the Director of Public Prosecutions regarding the reasons for not commencing prosecution against the individuals named in Detective Sergeant Troy’s report. The Attorney General took the same view as the Director of Public Prosecutions, which was that the director’s advice was given to, pursuant to its request, the Western Australian police service. Therefore, the decision of whether to release that advice to Mr Jan Ter Horst is appropriately to be made by the responsible police officer. (2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
I thank the honourable member for some notice of the question. I am sure that the member is happy that so many ministers are scrambling to offer a response! If I may offer this answer, the Attorney General advises the following — (1) Acting on a request from Mr Jan Ter Horst, the Attorney General corresponded with the Director of Public Prosecutions regarding the reasons for not commencing prosecution against the individuals named in Detective Sergeant Troy’s report. The Attorney General took the same view as the Director of Public Prosecutions, which was that the director’s advice was given to, pursuant to its request, the Western Australian police service. Therefore, the decision of whether to release that advice to Mr Jan Ter Horst is appropriately to be made by the responsible police officer. (2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
(1) Acting on a request from Mr Jan Ter Horst, the Attorney General corresponded with the Director of Public Prosecutions regarding the reasons for not commencing prosecution against the individuals named in Detective Sergeant Troy’s report. The Attorney General took the same view as the Director of Public Prosecutions, which was that the director’s advice was given to, pursuant to its request, the Western Australian police service. Therefore, the decision of whether to release that advice to Mr Jan Ter Horst is appropriately to be made by the responsible police officer. (2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
(2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
(2) In a letter dated 13 January 2009, the Attorney General, Hon Christian Porter, informed Mr Ter Horst that the DPP has no objection to a copy of the advice being provided to Mr Ter Horst. If the minister will not table it, why not? Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of the question. I am sure that the member is happy that so many ministers are scrambling to offer a response! If I may offer this answer, the Attorney General advises the following — (1) Acting on a request from Mr Jan Ter Horst, the Attorney General corresponded with the Director of Public Prosecutions regarding the reasons for not commencing prosecution against the individuals named in Detective Sergeant Troy’s report. The Attorney General took the same view as the Director of Public Prosecutions, which was that the director’s advice was given to, pursuant to its request, the Western Australian police service. Therefore, the decision of whether to release that advice to Mr Jan Ter Horst is appropriately to be made by the responsible police officer. (2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of the question. I am sure that the member is happy that so many ministers are scrambling to offer a response! If I may offer this answer, the Attorney General advises the following — (1) Acting on a request from Mr Jan Ter Horst, the Attorney General corresponded with the Director of Public Prosecutions regarding the reasons for not commencing prosecution against the individuals named in Detective Sergeant Troy’s report. The Attorney General took the same view as the Director of Public Prosecutions, which was that the director’s advice was given to, pursuant to its request, the Western Australian police service. Therefore, the decision of whether to release that advice to Mr Jan Ter Horst is appropriately to be made by the responsible police officer. (2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
I thank the honourable member for some notice of the question. I am sure that the member is happy that so many ministers are scrambling to offer a response! If I may offer this answer, the Attorney General advises the following — (1) Acting on a request from Mr Jan Ter Horst, the Attorney General corresponded with the Director of Public Prosecutions regarding the reasons for not commencing prosecution against the individuals named in Detective Sergeant Troy’s report. The Attorney General took the same view as the Director of Public Prosecutions, which was that the director’s advice was given to, pursuant to its request, the Western Australian police service. Therefore, the decision of whether to release that advice to Mr Jan Ter Horst is appropriately to be made by the responsible police officer. (2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
(1) Acting on a request from Mr Jan Ter Horst, the Attorney General corresponded with the Director of Public Prosecutions regarding the reasons for not commencing prosecution against the individuals named in Detective Sergeant Troy’s report. The Attorney General took the same view as the Director of Public Prosecutions, which was that the director’s advice was given to, pursuant to its request, the Western Australian police service. Therefore, the decision of whether to release that advice to Mr Jan Ter Horst is appropriately to be made by the responsible police officer. (2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
(2) It will be noted from (1) that the advice was not sought or received by the Attorney General; it was produced by the Director of Public Prosecutions and received by the Western Australia Police. Further to this, the position of the Director of Public Prosecutions is an independent statutory position, and the Attorney General does not intend to direct the Director of Public Prosecutions to release the advice to Mr Jan Ter Horst in circumstances in which the director considers the decision to be most appropriately made by the relevant police officer.
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