Extract from The Guardian
Senator says ‘crisis of integrity’ hangs over government while minister remains in post, as legal experts say prosecution possible despite alleged victim’s death
Last modified on Mon 1 Mar 2021 13.30 AEDT
Sarah Hanson-Young has accused Scott Morrison of a “deafening” silence over the historical rape allegation against a cabinet minister and has left open the possibility of detailing the complaint in parliament.
Hanson-Young’s intervention came as the lawyer representing the woman who accused the cabinet minister of raping her in 1988 argued the current situation was “untenable” because “at the moment there are 16 [cabinet ministers] who have a cloud over them, and that cannot continue”.
“There’s really no alternative here but for the minister to step forward, identify himself and step down, and for an external, independent inquiry of some form to be put in place to investigate,” Michael Bradley, a partner at Marque Lawyers, told Guardian Australia.
“The issue here isn’t criminal guilt. That can’t be resolved. The issue here is you’ve got a cabinet minister under the cloud of this allegation and he needs to have his name cleared or be removed from office. It’s a question of propriety”.
Bradley said “some kind of judicial inquiry” was required to assess the allegations. The inquiry needed “proper powers” in order “to afford full procedural fairness to everyone, particularly the accused man”.
“There are plenty of precedents for that, but it needs to be transparent and above board.”
Bradley said it was predominantly the responsibility of the minister accused of the historical rape to “own up” and clear the names of his colleagues. “If he won’t, then the prime minister should.”
“If the prime minister won’t, then the other cabinet ministers ought to look to their responsibility, but also their own reputations. It’s not fair that they should have to carry on like this. It’s crazy”.
The Greens are calling for the minister to be stood aside pending an independent inquiry but legal experts have said that despite the victim taking her life, it is not out of the question that police could yet recommend a prosecution.
Morrison has so far left the government’s response to senior ministers, who have argued the minister is entitled to the presumption of innocence.
His office has directed journalists to a letter from the Australian federal police commissioner, Reece Kershaw, advising parliamentarians to report crimes to the police in a timely manner and not to “disseminate allegations via other means” such as the media or third parties.
On Monday, Hanson-Young said the letter containing the rape complaint – first revealed on Friday – amounted to a “serious brief of evidence”.
That included the statement to police the woman had prepared with her solicitor, her victim impact statement and corroborating evidence, including extracts from her diary when she was aged 16 at the time of the alleged incident, Hanson-Young told ABC News Breakfast.
The Greens senator said that because the woman took her own life, “her complaint has effectively died alongside her, in relation to the New South Wales investigation”.
“That makes it very difficult now, near impossible to have this dealt with in a normal manner, in the court in NSW.”
Hanson-Young said an independent investigation would ensure the deceased complainant had “her voice heard” while also providing “an opportunity” for the cabinet minister “to clear his name”.
“I think we need to understand that we now have a crisis of integrity hanging over this government and Mr Morrison’s cabinet. While the accused man remains there, is refusing to step aside, we just don’t know how seriously this government is going to take this case.”
Earlier, on Radio National, Hanson-Young was asked if she had considered naming the minister under parliamentary privilege.
“I would prefer that the prime minister dealt with this well before parliament resumes – that would be the wise thing to do,” she replied.
On Monday, the treasurer and deputy Liberal leader, Josh Frydenberg, told reporters in Devonport that police had the complaint and he would leave comment to them.
“We in Australia adhere to the rule of law,” he said. “The rule of law means there is a presumption of innocence.
“We have been very concerned about the allegations and, of course, the stories that have come to light over recent weeks.”
The financial services minister, Jane Hume, warned that sexual assault complaints should not be “weaponised and politicised”, telling Sky News this would prejudice the police investigation.
Geoffrey Watson, a barrister and director of the Centre for Public Integrity, has also called for an independent inquiry but told Guardian Australia that if the complainant made reliable statements about the alleged crime, then a “police prosecution is not out of the question”.
Stephen Charles, a former judge of the Victorian supreme court of appeal, said it was “not true” the alleged victim’s death meant a trial was not possible.
Charles said there were “various ways” prosecutors could attempt to establish that sex without consent had taken place, including circumstantial evidence, the behaviour of the accused, any potential admissions the cabinet minister may have made to others, and observations of other witnesses.
In addition to the contemporaneous diary described by Hanson-Young, the woman also recounted her complaint to friends before taking her life.
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