Annual Report 2008 –09 Annual Report Annual Offi ce of the Director of Public Prosecutions 2008 – 09 Of fi ce of the Director of Public Prosecutions Public of theDirector of ce Offi ce of the Director of Public Prosecutions Annual Report 2008–09 www.justice.qld.gov.au/odpp CCOVER_Annual_Report.inddOVER_Annual_Report.indd 1 33/11/2009/11/2009 44:05:02:05:02 PPMM Offi ce of the Director of Public Prosecutions Annual Report 2008-2009 1 Introduction The Director of Public Prosecutions (referred to throughout this report as ‘the Director’) is required by s 16 of the Director of Public Prosecutions Act 1984 to report each year before 31 October to the Attorney-General and Minister responsible for the operations of the Offi ce of the Director of Public Prosecutions (referred to throughout as ‘the ODPP’). The report is to be laid before the Legislative Assembly within 14 sitting days after the Minister receives the report. This report is designed to inform both the Parliament and the community regarding the functions performed by the ODPP and covers operations for the period 1 July 2008 to 30 June 2009. 2 Letter of Transmission Letter of Transmission 22 October 2009 The Honourable Cameron Dick MP Attorney-General and Minister for Industrial Relations Parliament House Brisbane Qld 4000 Dear Attorney I present to you a report on the operations of the Offi ce of the Director of Public Prosecutions for the fi nancial year of 1 July 2008 to 30 June 2009 pursuant to s 16(1) of the Director of Public Prosecutions Act 1984. This is the twenty-third full-year report furnished regarding the operations of the ODPP. The ‘Director’s Guidelines’ are also included as required by s 11(2)(b) of the Director of Public Prosecutions Act 1984. Yours sincerely A W MOYNIHAN SC Level 5 State Law Building 50 Ann Street Brisbane GPO Box 2403 Brisbane Queensland 4001 Australia DX 40170 Telephone: +61 7 3239 6840 Facsimile: +61 7 3220 0035 Website: www.justice.qld.gov.au ABN 13 846 673 994 Offi ce of the Director of Public Prosecutions Annual Report 2008-2009 3 Table of Contents Director’s Overview ................................................................................................................ 4 About Us ................................................................................................................................ 5 Performance During 2008/2009 ............................................................................................ 11 Notable Prosecutions ........................................................................................................... 18 Support of Victims .............................................................................................................. 22 Seeking Justice ..................................................................................................................... 24 Confi scations – crime does not pay ...................................................................................... 25 Investment in People ........................................................................................................... 26 Investment in I.T. ................................................................................................................. 28 New ODPP Premises ............................................................................................................. 30 Financial Performance .......................................................................................................... 31 Glossary of Terms ................................................................................................................ 32 Director’s Guidelines ........................................................................................................... 36 4 Director’s Overview Director’s Overview I am pleased to present the twenty-third Annual Report for the Offi ce of the Director of Public Prosecutions. During the reporting period from 1 July 2008 to 30 June 2009, the talented and dedicated staff considered 48,787 charges relating to 11,842 accused referred to the ODPP for prosecution. I commend all my staff for their hard work and professionalism in dealing with this substantial work load. Notably, the ODPP successfully prosecuted a number of high profi le matters in 2008-2009. Signifi cant prosecutions included the convictions of former Minister of the Crown, Gordon Nuttall for receiving secret commissions, and Jade and Dionne Lacey for causing grievous bodily harm and manslaughter respectively. The ODPP was successful in its two appeals before the High Court of Australia in the cases of Keenan and Jones. Importantly, the ODPP successfully appealed to the Court of Appeal to set aside the permanent stay of the prosecution of Dennis Ferguson for an alleged sex offence. Jayant Patel was committed to stand trial in March 2010. During the year, I implemented a range of fundamental changes to the internal structure of the ODPP to ensure its long term effective operation. A realigned structure was introduced to facilitate standardised work groups and consistent operating and reporting procedures throughout the State; more equitable distribution of the workload; performance measures; and collection of accurate data to drive improvements in service delivery and inform appropriate resourcing levels. The new organisational structure features four positions of Assistant Director of Public Prosecutions to manage the ODPP’s workgroups. The Assistant Directors work closely with me and form the Executive Management Group to provide leadership and to drive performance improvement across the ODPP. Enhancing the skills and capabilities of prosecutors and legal and support staff was a key focus in 2008-2009. Offi cers participated in a range of training and development opportunities including specialised advocacy training delivered by the Australian Advocacy Institute. A number of offi cers were supported in further study through the Study and Research Assistance Scheme. The ties with university law schools were also strengthened through the ODPP’s work experience program for undergraduate law students. Through this program, the ODPP actively seeks the brightest and most enthusiastic students to offer opportunities for future employment. Also, two of our regional chambers moved into new premises. Offi cers in Cairns and Rockhampton now occupy modern and safe accommodation from which to deliver services to the community. I am pleased to record that Assistant Director, Michael Copley was appointed Senior Counsel in 2008. Michael’s appointment is well deserved recognition for the exceptional work he performs in the area of appeals. This professional recognition is a wonderful example of the career opportunities open to young lawyers working for the ODPP. The past year has been one of challenges and achievements. I look forward to continuing to work with my ODPP colleagues and other stakeholders to deliver a dynamic, modern and professional prosecution service for Queensland. A W Moynihan SC Director of Public Prosecutions 15 October 2009 Offi ce of the Director of Public Prosecutions Annual Report 2008-2009 5 1 About Us The Director of Public Prosecutions Act 1984 (the Act) created the independent Director of Public Prosecutions who is responsible to the Attorney-General. The Director’s offi ce is known as the Offi ce of the Director of Public Prosecutions (ODPP). The Director, with the help of offi cers appointed under the Act and the Public Service Act 2008, has the primary function of prosecuting on behalf of the State of Queensland people charged with criminal offences in the High Court, Supreme Court, District Court, Magistrates Court and Mental Health Court and Review Tribunal. The ODPP also provides information to victims of crime and their families to assist them to interact with the criminal justice system. The ODPP has a role in restraining and confi scating proceeds of crime (in conjunction with the Crime and Misconduct Commission) under the Criminal Proceeds Confi scation Act 2002. 6 About Us Our vision To be a cutting edge prosecution service by: • effectively performing prosecution functions • delivering professional prosecution services • utilising contemporary approaches to emerging criminal justice and organisational issues • sustaining excellence in our service delivery. Our values We value results, professional growth, workforce diversity and a balance between work and life commitments. ODPP members are actively encouraged and supported as individuals and have access to excellent working conditions, a range of work experiences, and learning and development opportunities. The ODPP strives to be: • fair • dynamic • independent • professional. The ODPP within the Department of Justice and Attorney-General The Department of Justice and Attorney-General exists to uphold justice and protect the public interest. It comprises business units including the Offi ce of the Director of Public Prosecutions, and: • Crown Law • Policy, Legislation and Executive Services • Business Support • Justice Administration including the Courts, Tribunals, Fair Trading Operations, Regional Operations and Community Justice Services • Legal Services • Organisational units including Internal Audit, Integrated Justice Information Strategy (IJIS) and the Child Safety Director. Offi ce of the Director of Public Prosecutions Annual Report 2008-2009 7 Organisational Structure As at 1 July 2008, the ODPP operated the following model. Director Deputy Director Executive Director Directorate Corporate