Key witness in Domenic Perre’s NCA bombing trial refuses to hand over his late mother’s diary
A key witness in the NCA bombing trial is refusing to hand over his late mother’s diary to Domenic Perre’s defence lawyers. Now the judge is ready to step in.
Police & Courts
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The NCA bombing trial has been stymied by its own key witness, who is refusing to hand over a diary written by his now-dead mother 27 years ago.
Allan “Gadget” Chamberlain has twice been due to take the stand in the Supreme Court and give evidence against alleged bomber Domenic Perre.
Prosecutors say Mr Chamberlain can link Perre to the parcel bomb that fatally tore through the NCA building in 1994, while defence counsel claim he may be responsible for the explosive device.
He has yet to attend court, however, and his evidence has been repeatedly delayed due to legal argument over his late mother’s personal journal.
Defence counsel want to see it before cross-examining Mr Chamberlain in case it details his movements around the time of the bombing.
Mr Chamberlain has refused to make the entire document available, citing a desire to protect his mother’s privacy.
On Tuesday, prosecutor Sandi McDonald SC told the court Mr Chamberlain was not trying to derail the trial.
“I need to emphasise Mr Chamberlain is not being difficult about this, and that he is attempting to assist us in any way he can,” she said. “He’s concerned about his mother’s privacy.”
That was of little comfort to Justice Kevin Nicholson, who is presiding over the estimated six-month trial.
“The diary concerns events 27 years ago and she is now deceased – privacy does not really loom large,” he said.
“I don’t understand what the high level of sensitivity is that would prevent defence counsel from reviewing a diary from 27 years ago.
“Mr Chamberlain cannot govern what should be available to defence counsel for the cross-examination of a very important witness in a murder trial.”
Perre, 63, has pleaded not guilty to murdering Detective Sergeant Geoffrey Bowen and attempting to murder lawyer Peter Wallis in March 1994.
Prosecutors allege that, motivated by “festering hatred”, Perre built and sent a parcel bomb to the NCA’s Adelaide office.
They allege almost three decades worth of police investigations prove Perre’s guilt.
Perre’s counsel, however, say the case is based on “folklore” not forensics, as no evidence linked to the bomb was found in their client’s home.
They have told the court police found a “Pandora’s box” of firearms, detonators and murderous instruction manuals in a hidden room beneath Mr Chamberlain’s shed.
They have also claimed Mr Chamberlain warned a neighbour he could “blow you away” without “being anywhere in sight”.
On Tuesday, Ms McDonald said excerpts from the diary had already been disclosed to defence counsel.
“Most of it is in the nature of a journal, musings about her own life,” she said.
“In the circumstances of this (prosecution) case and the nature of the journal itself, I’m very confident that what’s already been disclosed is everything that relates to Mr Chamberlain.”
Justice Nicholson disagreed.
“If the defence is prevented from seeing the entire document, they could rightly say they remain concerned,” he said.
Ms McDonald said she did not want to create a situation in which Mr Chamberlain hired his own lawyer over the issue.
Justice Nicholson said that was also his goal – but warned he would issue a subpoena if Mr Chamberlain maintained his stance.
The trial continues.