Premier denies the Lawyer X royal commission was a waste of time and taxpayer money

Daniel Andrews has been ­accused of hypocrisy over the latest twist in the Lawyer X scandal as the state government’s argument was slammed as “absolute nonsense”.

Daniel Andrews has been ­accused of hypocrisy over his failure to empower the Special Investigator tasked with probing the Lawyer X saga to lay charges.

Mr Andrews said on Wednesday it would be inappropriate for Special Investigator Geoffrey Nettle to make a decision about the prospect of convictions over the infamous legal affair.

“There needs to be a separation. If you have investigated a matter you are altogether too close to it to be making decisions about whether a conviction is likely,” he said.

“The only thing that should guide that is the considered judgment of the Director of Public Prosecutions (Kerri Judd),” he said.

The Lawyer X Special Investigator was not empowered to lay charges. Picture: ABC

But the state opposition has accused the Premier of misleading Victoria or failing to understand the justice system given other agencies have dual powers to investigate and lay charges.

“Many agencies, including agencies in his own government, conduct investigations and then have the power to lay charges independently,” said shadow attorney-general ­Michael O’Brien.

“IBAC, councils, the Environment Protection Authority, WorkSafe and the RSPCA all act as both investigators and prosecutors in many circumstances.

“Instead of trying to excuse the failure to prosecute those responsible for the Lawyer X scandal, the Premier should give the Special Investigator the power to test the evidence ­before a judge and jury.”

The opposition accused Mr Andrews of misleading Victoria or failing to understand the justice system. Picture: Ian Currie

The government did not respond to questions about why the Office of the Special Investigator couldn’t hold dual powers like other agencies, or whether the Premier held the same concerns about organisations that have the remit to both investigate and prosecute.

Instead, a government spokeswoman said: “The idea that the OSI should have prosecutorial powers was contemplated and specifically rejected by the royal commission.”

Legal minds, however, have argued the case to allow ­Special Investigator Justice Geoffrey Nettle that ability.

Former Supreme Court judge and Centre for Public Integrity board member Stephen Charles KC said the argument that Justice Nettle’s office couldn’t investigate and prosecute a matter was “absolute nonsense”.

­Special Investigator Justice Geoffrey Nettle.

“If so, why on earth was he asked to investigate the laying of charges in the first place? It’s a nonsensical argument given the fact that plenty of other people and agencies have the ability to lay charges,” he said.

“The Premier and his government are totally in thrall to the police. They are allowing police to run the state.

“Justice Nettle has been treated unfairly and wasted two years of his life on this. He would be justified in feeling frustrated and furious.”

Mr Andrews on Wednesday denied the Lawyer X royal commission was a waste of time and taxpayer money.

He said he had faith in Ms Judd’s decision to not approve criminal charges recommended by Justice Nettle. “You can hope for outcomes but the evidence has to be there, and the likelihood of a conviction needs to be there,” Mr ­Andrews said.

“Otherwise, to be really frank, Kerri Judd could have made a different call with almost certainty that she would not get a conviction. Is that really what we want the Director of Public Prosecutions doing, making decisions for show?”

The government has flagged disbanding the OSI, meaning charges over the Lawyer X scandal – unearthed by the Herald Sun, and one of the greatest legal failures in Victoria’s history – are unlikely to ever be handed down.

Originally published as Premier denies the Lawyer X royal commission was a waste of time and taxpayer money