Anti-corruption police refer Attorney-General Vickie Chapman’s ICAC ‘breach’ case to prosecutors for assessment

The Office of the Director of Public Prosecutions is considering if any charges will be laid against Attorney-General Vickie Chapman following a police anti-corruption branch probe.

• Labor ask police to investigate Chapman’s ICAC statement
• Police to probe if AG breached ICAC secrecy law
• Labor says legal advice shows Chapman broke ICAC secrecy rules

The political future of Deputy Premier and Attorney-General Vickie Chapman is being decided by the state’s top prosecutor.

The findings of a top-level police inquiry into whether Ms Chapman breached the ICAC Act are now being assessed and adjudicated by the Office of the Director of Public Prosecutions.

The assessment of the evidence in the police brief will determine if Ms Chapman is charged with breaching ICAC’s strict secrecy provisions.

Deputy Premier and Attorney-General Vickie Chapman at Parliament House. Picture: Matt Turner

The Advertiser revealed last November that SAPOL’s Anti-Corruption Branch was conducting a preliminary investigation into Ms Chapman’s actions on September 27 last year when she revealed details of a secret ICAC investigation involving executives from Renewal SA.

Under the strict provisions of the ICAC Act, the fact ICAC is conducting an investigation cannot be revealed, unless Commissioner Bruce Lander QC issues an exemption authorising such a publication.

The penalty for breaching that provision of the ICAC Act is a $30,000 fine.

After conducting the preliminary investigation, senior officers subsequently upgraded to a full investigation and more resources allocated to it.

A police spokesman this morning confirmed the ACB investigation had been completed.

“Commissioner Stevens has sought and been provided with authority from the Deputy Independent Commissioner Against Corruption to make public comment concerning the allegation that the Deputy Premier breached section 56 of the Independent Commissioner Against Corruption Act, 2012,’’ the spokesman said.

“Commissioner Stevens advises that an investigation has been conducted and the matter has been referred to the Office of the Director of Public Prosecutions for assessment.”

The Advertiser can also reveal that Ms Chapman engaged top barrister Frances Nelson QC as her lawyer during the investigation. Her Victoria Square chambers were visited by ACB detectives during the inquiry.

Statement from AG Vickie Chapman re today's development @theTiser pic.twitter.com/r3hGcl3dXg

— Ben Hyde (@bennyhyde31) February 28, 2019

Aware The Advertiser was preparing a story on the development, Ms Chapman told parliament this afternoon she was satisfied no breach of the ICAC had been made last year.

“I will continue to perform my duties as Attorney-General which includes working with the Director and the Police Commissioner, as I have done since coming to office last year,’’ she said.

The Opposition has used the development to put pressure on Premier Steven Marshall to stand down Ms Chapman.

In Parliament today, Ms Chapman said: “I am satisfied that there has been no breach of the Act. We do respect process. I respect process.”

She said neither she nor staff had been interviewed by police.

“In respect of any investigation of any of the investigatory bodies, they will have my full investigation. I haven’t been interviewed.”

To calls of “stand aside” from Labor MPs, Premier Steven Marshall said there was no need for Ms Chapman to do so.

Vickie Chapman in Parliament. Picture: AAP / David Mariuz

“The Government has advice that there has been no breach of the ICAC Act,” he said.

When the ACB inquiry was revealed Ms Chapman refused to stand aside or comment on whether a future finding of a breach would make her position untenable, saying that was a hypothetical situation.

The adjudication process is examining the evidence uncovered during the inquiry, along with other factors including the likelihood of success if any prosecution is launched and the public interest in doing so.

Following Ms Chapman’s September 27 statement Mr Lander gave approval for the media to publish Ms Chapman’s statement. Ms Chapman also obtained legal advice that she had not breached the Act.

However, the Opposition commissioned retired Federal Court judge Raymond Finkelstein QC to provide a legal opinion on whether or not Ms Chapman had breached the ICAC Act.

His legal opinion found that under the Act, Mr Lander cannot give retrospective exemption from the secrecy laws it contains.

“It is clear that the Commissioner cannot retrospectively authorise a disclosure of information which suggests a person is being investigated,’’ his opinion states.

“The plain language of the provisions indicates that it is limited to the grant of prior authorisation of a disclosure or publication.

“Importantly, it is difficult to see what purpose would be served by construing the power to be retrospective.

“If the disclosure has caused harm, either to an individual or to the conduct of an investigation, that harm would not be undone by a retrospective authorisation.”