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CORRUPTION AND CRIME COMMISSION REPORT ON THE INQUIRY INTO ALLEGED MISCONDUCT BY PUBLIC OFFICERS IN CONNECTION WITH THE INVESTIGATION OF THE MURDER OF MRS PAMELA LAWRENCE, THE PROSECUTION AND APPEALS OF MR ANDREW MARK MALLARD, AND OTHER RELATED MATTERS 7 October 2008 ISBN: 978 0 9805050 6 1 © 2008 Copyright in this work is held by the Corruption and Crime Commission. Division 3 of the Copyright Act 1968 (Commonwealth) recognises that limited further use of this material can occur for the purposes of “fair dealing”, for example, study, research or criticism. Should you wish to make use of this material other than as permitted by the Copyright Act 1968, please write to the Corruption and Crime Commission at the postal address below. This report and further information about the Corruption and Crime Commission can be found on the Commission Website at www.ccc.wa.gov.au. Corruption and Crime Commission Postal Address PO Box 7667 Cloisters Square PERTH WA 6850 Telephone (08) 9215 4888 1800 809 000 (Toll Free for callers outside the Perth metropolitan area.) Facsimile (08) 9215 4884 Email [email protected] Office Hours 8.30 a.m. to 5.00 p.m., Monday to Friday CORRUPTION AND CRIME COMMISSION Mr Malcolm Peacock Mr Peter John McHugh Clerk of the Legislative Council Clerk of the Legislative Assembly Parliament House Parliament House Harvest Terrace Harvest Terrace PERTH WA 6000 PERTH WA 6000 Dear Mr Peacock Dear Mr McHugh As neither House of Parliament is presently sitting, in accordance with section 93 of the Corruption and Crime Commission Act 2003 (“the Act”), the Commission hereby transmits to you a copy of the Corruption and Crime Commission Report on the Inquiry Into Alleged Misconduct by Public Officers in Connection with the Investigation of the Murder of Mrs Pamela Lawrence, the Prosecution and Appeals of Mr Andrew Mark Mallard, and Other Related Matters. The opinions, assessments and recommendations contained in this report are those of the Acting Commissioner on behalf of the Commission. The Commission notes that under section 93(3) of the Act a copy of a report transmitted to a Clerk of a House is to be regarded as having been laid before that House. Yours faithfully The Hon J R Dunford QC ACTING COMMISSIONER 7 October 2008 ABBREVIATIONS AND ACRONYMS A-CC Anti-Corruption Commission A Crim R Australian Criminal Reports AFIS Automated Fingerprint Identification System CCC Act Corruption and Crime Commission Act 2003 Clemency Appeal The referral to the Court of Criminal Appeal of Andrew Mallard’s petition for clemency. CLR Commonwealth Law Reports Comprehensive Summary The Comprehensive Summary of Facts prepared by Det Sgt Shervill and attached to the letter to the DPP dated 17 June 1994. Commission Corruption and Crime Commission Cons Constable Det Detective Det Sgt Detective Sergeant DPP Director of Public Prosecutions HCA High Court of Australia HOLMES The HOLMES system is a computerised case management system that was used by the Major Crime Squad for the Lawrence Homicide in 1994. MLA Member of the Legislative Assembly NAFIS National Automated Fingerprint Identification System Operation Huntsman The code name given to the surveillance and undercover operation in respect of Andrew Mallard from 10 to 17 June 1994. p page para paragraph Police Regulations Police Force Regulations 1979 Pr T Transcript page of the Private Hearings of the Commission. v Preliminary Hearing The Committal Proceedings in the Local Court (16 to 18 January 1995). PSM Act Public Sector Management Act 1994 QC Queen’s Counsel Running Sheet Major Crime Running Sheet relevant to the investigation of the Pamela Lawrence homicide. SC Senior Counsel Section 86 Submissions Written Submissions lodged pursuant to section 86 of the Corruption and Crime Commission Act 2003. Sen Cons Senior Constable Sgt Sergeant T Transcript page of the Public Hearing of the Commission. TT Transcript page of the Trial of Andrew Mallard 1995. UCO Undercover Officer VDT Voir Dire Transcript (October 1995) WAPOL Western Australia Police WASC Western Australia Supreme Court Written Submissions Submissions in writing lodged following the conclusion of the public hearings and addresses. Whilst the transcript of the Public Hearings runs in a continuous sequence, the transcripts of the Private Hearings are separately paginated for each witness and for each day of the same witness. Police and other persons are referred to by their rank or occupation at the time of the events referred to. vi DRAMATIS PERSONAE Katherine BARSDEN: A 13 year old schoolgirl who observed a male person acting suspiciously within the Flora Metallica premises about the time of the murder in 1994. She gave evidence at the trial of Andrew Mallard. Kenneth Paul BATES: The Prosecutor at the trial of Andrew Mallard in 1995. He is currently a Senior Prosecutor at the DPP. Francis John BRANDHAM: A Detective Sergeant, acting Officer-in- Charge of the Major Crime Squad and worked on the Pamela Lawrence Homicide Investigation. He is currently a Superintendant of Police. David John CAPORN: A Detective Sergeant and a member of the Major Crime Squad who worked on the Pamela Lawrence Homicide Investigation in May 1994. He is currently an Assistant Commissioner of Police. Alan CARTER: A Detective Constable and a member of the Major Crime Squad who worked on the Pamela Lawrence Homicide Investigation. He is currently an Inspector of Police. Robert Enos COCK SC: The current Director of Public Prosecutions. Dr Clive Trevor COOKE: The Forensic Pathologist who performed the post mortem examination of Pamela Lawrence. He is currently the Chief Forensic Pathologist for Western Australia. Mark Andrew EMMETT: A probationary Detective attached to the Claremont Criminal Investigation Branch who assisted the Major Crime Squad in the Pamela Lawrence Homicide Investigation. He is currently a Sergeant of Police. Michelle Isolde ENGELHARDT: Permitted Andrew Mallard to stay at her Mosman Park Flat from 12 May 1994 vii until his arrest on 24 May. She was a significant witness in the trial of Andrew Mallard. Gary: The pseudonym used by and in reference to the undercover police officer who spent time with Andrew Mallard between 14 and 16 June 1994. He is no longer a member of WAPOL. Patrick HOGAN: The defence counsel for Andrew Mallard at his trial. Pamela LAWRENCE: The proprietor of Flora Metallica, a jewellery shop in Mosman Park who was murdered in her shop premises on 23 May 1994. Peter Charles LAWRENCE: The widower of Pamela Lawrence. Bernard Frank LYNCH: The principal chemist at the Chemistry Centre of Western Australia in 1994. He is now retired. Andrew Mark MALLARD: Convicted in 1995 of the wilful murder of Pamela Lawrence and sentenced to life imprisonment. He was released in 2006 when his conviction was overturned. John Roderick MCKECHNIE QC: The Director of Public Prosecutions in 1994-95. He is currently the Honourable Justice McKechnie of the Supreme Court of Western Australia. M1: The code reference to the Police Officer who was the controller for the undercover police officer from 14 to 16 June 1994 (see Gary). Dr Jeremy Francis O’DEA: The principal forensic psychiatrist for the Health Department of Western Australia based at Frankland Centre, Graylands Hospital. John Robert QUIGLEY: A member of the Australian Labor Party and sitting member for Mindarie in the Legislative Assembly. He was formerly, for many years, the Solicitor the West Australian Police Union of Workers. viii Simon ROCHFORD: Charged with the murder of his girlfriend Brigitta Dickens some seven weeks after the murder of Pamela Lawrence and in 1995 he was convicted of her murder and sentenced to life imprisonment. He is now deceased. Subsequent investigations have indicated that he is the prime suspect for the murder of Pamela Lawrence. Malcolm William SHERVILL: A Detective Sergeant, a member of the Major Crime Squad and the Case Officer for the Pamela LAWRENCE Homicide Investigation. He is currently an Assistant Commissioner of Police. ix TABLE OF CONTENTS ABBREVIATIONS AND ACRONYMS …………………………………....… v DRAMATIS PERSONAE ………………………………………………...….. vii EXECUTIVE SUMMARY ..………………..………….……………………… xv CHAPTER ONE INTRODUCTION ………...…..……..…………………………..……………... 1 CHAPTER TWO JURISDICTION AND PROCEDURE ………………………………………... 3 Introduction ………………………………………………………………..….. 3 2.1 Misconduct …………………………………………………………....... 3 2.2 Reporting by the Commission ………………………………………… 6 2.3 Reaching an Opinion: Standard of Proof …………………………..... 7 2.4 Procedure ……………………………………………………………….. 8 2.5 Miscellaneous …………………………………………………….…... 10 CHAPTER THREE BACKGROUND …………………………………………...…………………. 11 3.1 The Murder ………………………………………………………….… 11 3.2 Andrew Mallard ……………………………………………………..… 11 3.3 The Clemency Petition ……………………………………..………... 12 CHAPTER FOUR THE CRIME SCENE AND FORENSIC PROCEDURES …………..……. 15 4.1 The Shop and Business ……………..…………………………….… 15 4.2 23 May 1994 ………………………….…………………………….… 16 4.3 Arrival of Other Officers ………………………………….………..…. 17 4.4 Mr Lawrence ………………………………………..…………..…….. 17 4.5 Autopsy ………………………………………………………………... 18 4.6 Forensic Work ……………………………………………………....… 19 4.7 Conclusion of Forensic Work ………………………………….……. 20 CHAPTER FIVE THE EARLY POLICE INVESTIGATION …………….....…………………. 23 Introduction ………………………………………………………………….. 23 5.1 Katherine Barsden ………………...……………………………….… 23 5.2 General Enquiries …………………………………………………….. 24 5.3 Lloyd Harvey Peirce ……………………………….………..……….. 25 xi CHAPTER SIX THE INVESTIGATION OF ANDREW MALLARD ………………….……. 31 6.1 Nomination ……………..……………………...……………………… 31 6.2