DPP explains why legal advice that spared Deputy Premier Vickie Chapman from facing criminal charges will remain secret

The public has been denied the right to know details of the legal advice from a former judge that spared Deputy Premier Vickie Chapman from facing criminal charges.

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The public has been denied the right to know the details of the legal advice from a former judge that spared Deputy Premier Vickie Chapman from facing criminal charges.

Police and the Director of Public Prosecutions have refused to release the assessment of former Supreme Court judge Michael David, QC, whose opinion led to Police Commissioner Grant Stevens declaring no action would be taken against Ms Chapman.

DPP Adam Kimber said Mr David’s advice was provided straight to police, with the DPP having no input about whether Ms Chapman should be charged.

Director of Public Prosecutions Adam Kimber

Former Supreme Court judge Michael David.

Mr Kimber said Mr David’s advice was done for police and “that is reason enough for me not to release that advice”.

He also said the release of the advice could breach the ICAC Act, the same law Ms Chapman was under investigation for potentially breaching.

Mr David was contracted by the DPP last week after the police finalised a full anti-corruption investigation into whether Ms Chapman broke the law by linking the absences of two public servants with the Independent Commission Against Corruption.

Opposition justice spokesman Kyam Maher said the public had the right to know the content of the advice after police chose not to take action against Ms Chapman.

“It’s important we know the reasons why the prosecution isn’t taking place,” he said.

“Was there a lack of evidence, was the opinion there wasn’t a reasonable chance of conviction or prosecution wasn’t in the public interest.”