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Calls for Royal Commission into Rayney case

David Weber reported this story on Friday, November 2, 2012 12:14:00

ASHLEY HALL: Western Australia's police service says it's assessing the actions of officers involved in the investigation of the former public prosecutor Lloyd Rayney.

The Perth barrister has been acquitted of the 2007 murder of his wife Corryn Rayney, after a trial lasting three months. The body of the Supreme Court registrar was found buried in Kings Park near the CBD.

Justice Brian Martin said the State's case was "beset by uncertainties and improbabilities". He criticised police, saying there were instances of inappropriate and reprehensible conduct.

There are now calls for a Royal Commission.

David Weber reports.

DAVID WEBER: WA Police have said there'll be a close assessment of Justice Martin's comments, including his views regarding the conduct of some officers.

Barrister Jonathan Davies was involved in the Button and Beamish wrongful conviction cases.

He's suggested there's a pattern to some WA police investigations.

JONATHAN DAVIES: Look there needs to be some government inquiry, perhaps even a Royal Commission. My suggestion is that we're not going to resolve this by any internal soul searching within the police service; historically the police service has shown itself not capable of learning from its mistakes. This is another one and it's time for a government inquiry.

DAVID WEBER: The state director of the Australian Lawyers Alliance says the verdict was not a great surprise.

Tom Percy QC says police should review the entire case.

TOM PERCY: Those following the trial had realized there were certain shortcomings in the prosecution case and that whilst there was some indication that there was a circumstantial case against him, it was never gonna stand up beyond reasonable doubt but generally I think there's a great deal of relief in legal quarters now that the judgement's been handed down and he's been cleared.

DAVID WEBER: How difficult has Lloyd Rayney's life been for the past five years?

TOM PERCY: Well it's been impossible and intolerable. He's had to come up with an enormous amount of money. How he funded it is anyone's guess. He's been the subject of innuendo and his private life has been exposed and dissected in the public arena. I mean it's something that's everyone's worst nightmare.

DAVID WEBER: Do you think that the police investigation was too narrow?

TOM PERCY: Well look if the evidence, some of the evidence is to be believed, that they had focused on Rayney from virtually from the time they found the body if not before and it really is a bad method of policing. Studies have shown it tends to throw up wrong results and miscarriages of justice and there is an approach within the West Australian Police Force is that they tend to run with the first sniff that they get and ignore everything else but they always deny that and in any given case, you would have to asses whether that occurred or not on the evidence but you know, there is a suggestion that may have occurred in this case.

DAVID WEBER: Should police now be following up other possible lines of inquiry?

TOM PERCY: Well I think that like in Mallard, they probably should have a cold case review. You know once you get a certain way down the track and you invest a certain amount of resources in prosecuting one person, you never take your eye off the ball and I can understand that, once they make a decision to charge someone, there is almost no investigation as to other options. All they want to do is see their prosecution through and divert all their energy and resources into it, and you can understand that but it doesn't help us to solve the crime.

DAVID WEBER: Because at the end of the day, we have Corryn Rayney, a Supreme Court registrar, buried in Kings Park and no conviction for anyone.

TOM PERCY: Well that sometimes happens in murder cases and it's unsatisfactory and I can only hope that the police conduct a wide ranging cold case inquiry into this.

DAVID WEBER: Mr Percy says he hopes the legal fraternity accepts the verdict in good grace and that Mr Rayney can resurrect his career.

ASHLEY HALL: David Weber.



  • Click an image to enlarge
  • Barrister Lloyd Rayney found not guilty of murdering his wife
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