NSW State Coroner Releases Inquest Report Into The Lindt Café Siege
Monday 29 May 2017 @ 11.18 a.m. | Crime
Last week, the NSW State Coroner released his report of the inquest into the Lindt Café siege. The report contains 45 recommendations for action, including some that will directly affect the justice system and legal processes. The Coroner was tasked with investigating the circumstances surrounding the deaths of Tori Johnson, Katrina Dawson and Man Haron Monis, and examining the actions of police and authorities before and during the siege in order to assess whether they could be improved.
NSW Premier Gladys Berejiklian said in a media release:
“Two innocent people lost their lives in the terrible events of the Lindt Café siege in December 2014. Tori Johnson and Katrina Dawson will never be forgotten. Our thoughts are with their families and loved ones today. We will also never forget the ordeal suffered by the surviving hostages…
The completion of the NSW Coroner’s Inquest into the deaths arising from the Lindt Café Siege today is an important step along the path to recovery. I would like to thank NSW State Coroner Michael Barnes for his comprehensive and extensive inquest. The inquest has been a difficult process for the families and surviving victims, and our thoughts are with them.
The NSW Government will do all we can to take the lessons learned from this tragedy. We will thoroughly review the findings and respond as quickly as possible.”
Recommendations
The Coroner has made 45 public recommendations, including:
-
That the DPP initiate reviews of the training in file management given to lawyers employed by the ODPP to ensure important original documents are not discarded and that the files accurately reflect relevant events
-
That the Commissioner of Police issue guidelines to assist officers determine when they should exercise their powers of arrest and take an accused into custody rather than proceeding by way of a court attendance notice
-
That the Law, Crime and Community Safety Council develop a mechanism to ensure that all information on criminal history (including bail) that is relevant to the investigation and prosecution of criminal offences is readily accessible to police and prosecutors across all Australian jurisdictions
-
That the DPP develop a policy for overseeing lawyers’ exercise of the discretion not to oppose bail that takes into account the seriousness of the offences involved; the experience of the prosecutor appearing; and the views of the police officer in charge of the investigation, insofar as those views are based on facts relevant to bail determinations
-
That the Premier of New South Wales consider whether the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 should be amended to ensure that there is appropriate access to health related information available to ASIO
Possible impact
Associate Professor Julia Quilter, from the University of Wollongong, told Lawyers Weekly that one possible result of the recommendations contained in the Coroner’s report was that the DPP would oppose most applications for bail:
“It’s going to lead to a lot more time being spent on bail applications. While some may say that’s appropriate, some may not…
It will also mean that you’re not going to get on for urgent applications for bail because the ODPP will say it needs the proper time to consider matters. And we know there is already a massive backlog [in the courts]…”
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.
