Friday, July 27, 2012

Hallelujah! A crooked prosecutor fined in Australia

It just doesn't happen in all American jurisdictions that I am aware of

The prosecutor involved in the wrongful conviction of Andrew Mallard has been fined $10,000 for his handling of the case.

The State Administrative Tribunal made a finding of unsatisfactory conduct against Ken Bates for his prosecution of Mr Mallard for the murder of Mosman Park jeweller, Pamela Lawrence. Mr Mallard spent 12 years in jail because of the wrongful conviction.

The tribunal found Mr Bates' handling of the crown case fell short of the standard of professional conduct expected of legal practitioners.

The tribunal hearing was prompted by an investigation of the case by the state's corruption watchdog which made adverse findings against the former crown prosecutor.

A Corruption and Crime Commission report in 2008 criticised Mr Bates' handling of the case and a year later he was asked to step down from the DPP. He received a $270,000 payout and avoided any public service disciplinary action.

Mr Bates says he accepts the findings but declined to comment further when contacted by the ABC.

The tribunal says the fine is the maximum available under the legislation at the time the conduct occurred.

Original report here

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