A parliamentary question regarding the Attorney General's oversight of the Acting DPP's decision to prosecute Tony Lewandowski, despite a prior indemnity. The Attorney General defends the Acting DPP's authority and decision.

AnsweredQoN 253Legislative Council
Asked
17 October 2002
Portfolio
minister representing the Attorney General

QuestionView source ↗

(1) Why has the Attorney General not consulted with the Director of Public Prosecutions about the extraordinary action of his deputy, who revoked the indemnity given to Tony Lewandowski? (2) Does the Attorney General realise the damage that the Acting DPP has caused to the public’s confidence in the legal system by taking legal action that repudiated the undertakings given and accepted by the DPP, Mr Cock, QC? (3) Under the circumstances it would have been prudent to check the actions of the Deputy DPP with the DPP; why did the Attorney General fail to take such a basic and obvious step? (4) Now that the matter has been raised with the Attorney General, will he attempt to ascertain the DPP’s views? (5) In giving evidence at the royal commission and at the Court of Criminal Appeal, Tony Lewandowski committed the offences of perjury and conspiring to pervert the course of justice; therefore, will the Attorney General now make public all the charges that have been made against Tony Lewandowski by the Deputy DPP? (6) If not, why not? Hon NICK GRIFFITHS

AnswerView source ↗

I thank the member for some notice of this question. The Attorney General has provided the following response - (1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(2) Does the Attorney General realise the damage that the Acting DPP has caused to the public’s confidence in the legal system by taking legal action that repudiated the undertakings given and accepted by the DPP, Mr Cock, QC? (3) Under the circumstances it would have been prudent to check the actions of the Deputy DPP with the DPP; why did the Attorney General fail to take such a basic and obvious step? (4) Now that the matter has been raised with the Attorney General, will he attempt to ascertain the DPP’s views? (5) In giving evidence at the royal commission and at the Court of Criminal Appeal, Tony Lewandowski committed the offences of perjury and conspiring to pervert the course of justice; therefore, will the Attorney General now make public all the charges that have been made against Tony Lewandowski by the Deputy DPP? (6) If not, why not? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(3) Under the circumstances it would have been prudent to check the actions of the Deputy DPP with the DPP; why did the Attorney General fail to take such a basic and obvious step? (4) Now that the matter has been raised with the Attorney General, will he attempt to ascertain the DPP’s views? (5) In giving evidence at the royal commission and at the Court of Criminal Appeal, Tony Lewandowski committed the offences of perjury and conspiring to pervert the course of justice; therefore, will the Attorney General now make public all the charges that have been made against Tony Lewandowski by the Deputy DPP? (6) If not, why not? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(4) Now that the matter has been raised with the Attorney General, will he attempt to ascertain the DPP’s views? (5) In giving evidence at the royal commission and at the Court of Criminal Appeal, Tony Lewandowski committed the offences of perjury and conspiring to pervert the course of justice; therefore, will the Attorney General now make public all the charges that have been made against Tony Lewandowski by the Deputy DPP? (6) If not, why not? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(5) In giving evidence at the royal commission and at the Court of Criminal Appeal, Tony Lewandowski committed the offences of perjury and conspiring to pervert the course of justice; therefore, will the Attorney General now make public all the charges that have been made against Tony Lewandowski by the Deputy DPP? (6) If not, why not? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(6) If not, why not? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Attorney General has provided the following response - (1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
I thank the member for some notice of this question. The Attorney General has provided the following response - (1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
The Attorney General has provided the following response - (1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(1) The DPP is on sick leave and is undergoing treatment for a serious illness. He has delegated all powers to the Acting DPP. (2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(2) That is not the Attorney General’s view on such matters. (3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(3)-(4) When the DPP, Mr Robert Cock QC, went on sick leave, he delegated all powers to the Acting DPP, Mr Simon Stone, and gave him responsibility to make all the necessary decisions that are associated with the office. Mr Stone recommended that Tony Lewandowski be prosecuted. The Anti-Corruption Commission accepted that advice and acted upon it. The Attorney General does not intend to intervene in the Acting DPP’s decision by substituting his judgment on the matter. (5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(5) All 21 charges against Tony Lewandowski have been made public. (6) Not Applicable.
(6) Not Applicable.

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