A parliamentary question accuses the Attorney General of failing to get tough on sex offenders, citing the case of Michael Robert Carroll. The Attorney General defends the legal process and presumption of innocence.

AnsweredQoN 594Legislative Assembly
Asked
20 August 2020
Portfolio
Attorney General

QuestionView source ↗

DANGEROUS SEXUAL OFFENDERS — MICHAEL ROBERT
CARROLL
594. Mr P.A. KATSAMBANIS to the Attorney General:
I have a supplementary
question. Given that the Attorney General promised to get much tougher on these
types of offenders after the Edward Latimer debacle, does the fact that people
such as Michael Robert Carroll can simply thumb their noses at the
justice system—a manhunt is now underway for this person—not
show that the Attorney General had absolutely no genuine intention to get tough
on sex offenders?

AnswerView source ↗

The answer to that, of course, is plainly no. The member
predicated his question on the basis that Carroll is an offender. He has not
been convicted of an offence and although people in the community want to jump
to the conclusion that a person charged is, in fact, guilty—as the
member has mistakenly done and characterised him as an offender—the
court, prosecutors and the police are required to extend to him the presumption
of innocence until a guilty verdict has been
returned. On first appearance in the Magistrates Court upon the charge, he had
to be dealt with on the presumption of innocence and under the terms of
the Bail Act. We have never promised to change the terms of the Bail Act in
relation to people charged with an offence who do not have a history of
offending. There was no need for Mr Carroll to establish exceptional
circumstances or anything because he was first appearing on these charges and
the court dealt with him in accordance with the Bail Act, extending to him the
presumption of innocence. That is a requirement of the law in Western Australia.
We have never undertaken to reverse the presumption of innocence of a person
charged with an offence but not yet convicted.

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