Mallard case to get special commissioner

11/2/07
A special Commissioner will be appointed to lead the Corruption and Crime Commission's inquiry into the Andrew Mallard case this year.
Attorney General Jim McGinty said the inquiry could take up to six months to complete, so it was important that an acting commissioner was appointed to specifically deal with Mr Mallard's case.
"Andrew Mallard spent 12 years in jail for a crime that police now admit he did not commit so there are important questions of legal principle and integrity that must now be answered," Mr McGinty said.
"The appointment of a special commissioner to focus solely on this inquiry will ensure that no stone is left unturned in this terrible tale of injustice.
"The CCC inquiry will hopefully be the final chapter for Mr Mallard and the family of Pamela Lawrence and the sooner we can do that the better."
The Attorney General said the inquiry would look into whether any public officer had engaged in misconduct in connection with the investigation of the murder of Pamela Lawrence, the prosecution, conviction and appeals of Mr Mallard.
Andrew Mallard was convicted in November 1995 for the murder of Pamela Lawrence in her Mosman Park shop in 1994.
He appealed his conviction without success and a subsequent petition for mercy was declined.
However, in 2002, Mr McGinty referred Mr Mallard's case back to the Court of Criminal Appeal after new material was submitted in a petition by Labor MP John Quigley.
In November 2005, Mr Mallard's case went all the way to the High Court, which then quashed his conviction and declared that a miscarriage of justice had occurred.
A month later, the CCC announced that it would investigate allegations of misconduct by police and prosecutors involved in the Mallard case.
Late last year, the Police Special Crime Squad released the findings of a 'cold case' review of the murder of Pamela Lawrence.
The review eliminated Andrew Mallard as a suspect and found sufficient evidence to implicate convicted killer Simon Rochford in Mrs Lawrence's murder.
Simon Rochford, who was serving a life sentence in Albany Prison for the murder of his girlfriend, committed suicide in Albany Prison in May 2006, a week after police questioned him about Mrs Lawrence's death.
Advertisements have been placed nationwide for the position of Acting Commissioner to conduct the public hearings and complete a report into the Mallard case.
Applicants must have served or be eligible to be appointed as a Supreme Court judge in any Australian State or Territory, the High Court or Federal Court. Serving or former police officers are not eligible for appointment.
Mr McGinty also said that with Commissioner Kevin Hammond due to retire at the end of March, it was vital that the CCC's operations continued unhindered during the recruitment process for a new full-time commissioner.
The CCC is hoping to begin its public hearing into the Mallard case within the next five months.
"Once the CCC delivers its findings on this tragic affair, we will also be in a position to determine a final ex gratia payment for Mr Mallard," the Attorney General said.
The State Government granted an interim ex gratia payment of $200,000 to Andrew Mallard last November.
The $200,000 interim payment was on top of $132,000 already provided by the State Government for Mr Mallard to pay for his appeal expenses.
Attorney General's office - 9422 3000