A WA parliamentary question investigates whether video evidence was reviewed by police and the Director of Public Prosecutions before the trial of Penelope Jane Challice for assaulting a public officer. The answer reveals failures in police procedure and triggers an internal investigation.

AnsweredQoN 4815Legislative Assembly
Asked
15 March 2011
Portfolio
Police

QuestionView source ↗

(1) What procedures, if any, are in place where video evidence exists, to review that evidence before a matter is dealt with in court?
(2) Please advise, in the case of Penelope Jane Challice charged with assaulting a public officer:
(a) whether this tape was reviewed by police personnel prior to the matter going to court; and
(i) if not why not; and
(b) whether this tape was reviewed by Director of Public Prosecutions personnel prior to the matter going to court and;
(i) if not, why not?

AnswerView source ↗

Answered
5 April 2011
Responded by
Minister for Police
Response time
21 days
Answer
1. All prosecution briefs completed for trial by Police Officers are vetted by their respective supervisors and Brief Quality Managers prior to being lodged at the appropriate Prosecuting Office.
On 8 December 2010 a directive requiring Police Officers to review CCTV footage or other audio / video material prior to the compilation of their witness statements was issued. Similarly, the directive also placed an onus on supervisors and Brief Quality Managers to review such material to ensure the quality of the brief.
2. (a) The footage produced in evidence at the trial of Penelope Challice was not reviewed by the Brief Quality Manager or the Prosecutor prior to the commencement of the trial.
(i) An internal investigation has commenced in relation to this matter. The investigation will examine the actions of all officers involved, including supervisors, the Brief Quality Manager and Prosecutor.
(b) The footage was not reviewed by personnel from the Office of the Director of Public Prosecutions.
(i) The Office of the Director for Public Prosecutions had no involvement in this matter. This was a summary trial matter heard in the Midland Magistrate's Court and as such WA Police were responsible for conducting the prosecution.
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