One of the lead law enforcement officials who investigated Brittany Higgins’ rape allegation has admitted she didn’t perceive the authorized take a look at required to cost a suspect till she heard the proof at an inquiry.
Senior Constable Emma Frizzell, who works within the Australian Federal Police sexual assault and baby abuse workforce (SACAT), advised the inquiry on Thursday that she had believed the authorized take a look at to cost a suspect was having an affordable perception the proof supported the prospects of a conviction.
However, she advised the inquiry she now understood she was unsuitable.
“I think having watched these proceedings for the last week I would concede that I don’t have it right.’’ she said. “What I’ve written there is not right.”
Asked if there was nonetheless confusion amongst police about what the authorized take a look at to cost a suspect is, Sen Const Frizzel stated: “Yes I would say that there is.”
In her assertion to the Sofronoff inquiry, which is inspecting the investigation and prosecution of Bruce Lehrmann and the conduct of police and the Director of Public Prosecutions, she outlines her perception that she wanted to make certain the proof supported the prospects of conviction.
After watching inquiry hearings Snr Constable Frizzell stated she realised the authorized take a look at to cost was decrease than that.
The query of cheap prospects of a conviction was a matter the DPP wanted to think about when deciding whether or not to proceed to trial.
The inquiry has heard claims police within the ACT are undercharging sexual assault instances and continuously misapplying the legislation when deciding to put legal costs.
Director of Public Prosecutions Shane Drumgold and his junior counsel Skye Jerome have each supplied statements to the inquiry that the police had been confused in regards to the take a look at to cost.
Police have additionally instructed they’d considerations over whether or not there was sufficient proof to cost Bruce Lehrmann with the alleged rape.
Ultimately, Supt Scott Moller did cost Mr Lehrmann after receiving recommendation on the authorized take a look at from the DPP.
Sen Const Frizzell, additionally mentioned tensions over Brittany Higgins insisting that every one contact with police undergo an middleman after she had an upsetting assembly with Supt Scott Moller the place he gave her “frank” recommendation to cease speaking to the media.
The police officer stated the actual fact she couldn’t converse to the complainant was troublesome.
“It allowed no communication, no contact. You can’t build rapport or a relationship with someone you can’t speak to,’’ she said.
Sen Const Frizzell also said police were worried about increasing numbers of complaints from alleged victims over how police were handling investigations.
“And you then so as a result, members as members of SACAT where becoming increasingly wary of finalising investigations without action being taken, and members lost confidence in their decision making,’’ barrister Mark Tedeschi SC asked.
“Yes,’’ she replied.
The police officer was also asked about the DPP advising or providing advice that an alleged victim providing an evidence in chief interview alleging rape was sufficient evidence to put a charge before the court.
“In my experience, I’ve had matters with more evidence than just an interview result in not guilty pleas in a court, and seeing the effect that that has on a person’s welfare. It concerned me to put something with less evidence to support the allegations,’’ Sen Cont Frizzell said.
Sen Const Frizzell was also challenged over the idea that there was no corroboration that sex may have occurred in the Brittany Higgins investigation.
“I want to suggest to you that it was corroboration of that. Higgins was seen in the complete nude in a minister’s office asleep,’’ Mr Tedeschi SC said.
“The security officer of parliament house officers comes into the office at about two 230 am in the morning and sees her asleep and she rolls over?
“Do you agree that her state of intoxication was some supportive evidence of a lack of capacity to consent?.”
“Some supportive evidence, yes,’’ the police officer replied.
“Were you aware at some stage that Mr Lehrmann had in given four different reasons for why he’d gone to Parliament House?”
“Yes,’’ Ms Frizzell answered.
Mr Lehrmann was by no means convicted over the rape allegation and the cost was dropped after fears for Brittany Higgins’s psychological well being if a second trial proceeded.
He maintains his innocence.
Source: www.news.com.au
