Deputy State Coroner, SA Police clash over withheld evidence ahead of inquest into death of siege gunman Rodney Clavell
THE Deputy State Coroner has moved to force the head of SA Police to supply all available evidence into the death of siege gunman Rodney Clavell in 2014.
Law and Order
Don't miss out on the headlines from Law and Order. Followed categories will be added to My News.
DEPUTY State Coroner Anthony Schapel has accused Police Commissioner Grant Stevens of not “completely understanding his role” as coronial investigator into the death of siege gunman Rodney Clavell in 2014.
On Thursday, he issued a summons for Mr Stevens to provide “raw material” to the court that was not in the brief of evidence into the death of Clavell, whose 12-hour siege brought the city to a standstill.
Clavell — a wanted fugitive — was found dead inside massage parlour Marilyn’s Studio after he held four women hostage during a dramatic siege on June 4, 2014.
Mr Stevens has applied for particular material to be slapped with public interest immunity — meaning it would be confidential and kept out of the public domain.
Anna Wells, counsel for the police commissioner, argued that Mr Schapel could not compel Mr Stevens to produce the raw material, saying it was “beyond the power” of the Coroner’s Court.
She said if Mr Schapel forced Mr Stevens to disclose information — over which he claims an immunity in the public interest — then the relationship between the commissioner and coroner “clearly diverges”.
Counsel assisting the coroner, Ahura Kalali, submitted that SA Police was “withholding information” from the court in a mandatory inquest into a death in police custody.
“This isn’t beyond Your Honour’s jurisdiction,” he said.
Mr Schapel said he needed to see all material before determining whether to grant public interest immunity.
“If I need to see the underlying material to determine the outcome of the application, then I need to see that material,” he said.
“I’m deeply concerned that your client (Mr Stevens) doesn’t completely understand his role and that is he’s a coronial investigator.”
He said if Mr Stevens had material “in his possession” that was relevant to Clavell’s death then it should be provided to the court.
“I’m obliged by law to conduct an inquest into the cause and circumstances of a death and that inquest has to be as transparent as it possibly can be and have regard to all relevant evidence,” he said.
He said information provided would not be leaked from his office.
Ms Wells said her client did understand his role.
“I can assure you that my client does understand his role and it’s not about the role, it is about how public interest immunity operates in the sphere of the Coroner’s Court,” she said.
Ms Wells also flagged that should Mr Schapel issue the summons, Mr Stevens may seek to challenge it.
Last month, Mr Schapel had to order Mr Stevens to provide him with an unredacted brief of evidence into Clavell’s death.
The inquest is expected to start next week.
Home invaders steal, then crash, Mercedes
A luxury Mercedes sedan has been stolen by a man and woman during a violent home invasion at Kurralta Park.
It’s official: Notorious child predator to stay locked up
A notorious serial kidnapper and child predator has finally had his bid for release into the community denied after a two-year legal and political battle.