Issue Date:  -  Monday, 1 December 1997

Prosecution policy

The prosecution against Esperance farmer Robin Thorpe will be withdrawn, Labour Relations Minister has announced.

Mr Kierath said he had been advised by WorkSafe Commissioner Neil Bartholomaeus he would withdraw charges against Mr Thorpe, who lost his 13-year-old daughter in a silo accident, after acceptance of Crown Counsel advice on the case.

"Crown Counsel said that given recent advice from Mr Thorpe's lawyer and the change to the prosecution policy, it would not be in the public interest to proceed with the case," Mr Kierath said.

"WorkSafe has decided not to proceed with the case against Mr Thorpe after that advice.

"That advice comes after an independent review of the Thorpe case following an examination and updating of the prosecution policy.

"The independent review has been done at arms length of both WorkSafe and my office to ensure its integrity.

"It is not for me to direct or influence WorkSafe to prosecute or not to prosecute and I will not do so. I have ensured that there is an effective prosecution policy in place and that has been done.

"Given the public concern about this particular case there has been an independent review of it in light of the new policy and that has been done.

"The outcome is that WorkSafe has decided to withdraw the prosecution."