Issue Date:  -  Tuesday, 18 November 1997

Prosecution policy

Labour Relations Minister Graham Kierath has referred the WorkSafe prosecution against Esperance farmer Robin Thorpe to Crown Counsel for independent assessment following changes to the agency's prosecution policy.

Mr Kierath said he had asked Mr Robert Cock to examine the Thorpe case in light of the new prosecution policy which now includes a public interest clause.

The new policy was given party room backing today after Cabinet approved the changes on Monday.

Mr Kierath said Mr Cock would now advise him whether the prosecution should or should not proceed in light of the new prosecution policy.

Two weeks ago the Minister ordered a review of the prosecution policy to ensure it was current and appropriate given concerns raised about the Thorpe case.

"Crown Counsel and WorkSafe have worked quickly to review and rewrite the prosecution policy so that we now have something which is up-to-date," Mr Kierath said.

"Given there may have been a need to consider a public interest test when deciding whether or not to prosecute, I have asked Crown Counsel to re-examine this case in light of the new prosecution policy."

Mr Kierath said he expected a decision would take a week or so and a decision would then be made on Crown Counsel advice whether to proceed or not with the Thorpe case.

"I have tried to reach a resolution on this matter as quickly as possible, given the emotional sensitivities of the case and the grieving process of the Thorpe family," he said.