Joel Murchie: Bali bombing hero’s sexual misconduct probe slammed
The lawyer representing a former high-ranking cop and Bali bombings survivor has unleashed on those who investigated a sexual misconduct allegation – of which he has since been cleared. The lawyer described the police probe as ‘incompetent’ and a ‘witch hunt’.
Central Sydney
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The lawyer of a former high-ranking cop and Bali bombings hero cleared of sexual misconduct earlier this year has taken aim at police – calling their investigation a “witch hunt”.
Retired commander Joel Murchie, 49, had two charges of common assault and one charge of indecent assault dismissed in the Local Court in March.
He was back before Central Local Court on Friday for a compensate costs application.
It was alleged Mr Murchie flicked and kicked the bottom of a female officer in 2015 and 2017 respectively, and kissed her with an open mouth in October 2016, while he was the Commander of NSW Police’s Mental Health Intervention Team.
Several witnesses gave evidence in hearing dates throughout 2019 of a “jovial” office where prank YouTube videos were played and the kicking and flicking of colleagues was “part of the banter”.
A magistrate found the team’s behaviour at times “unprofessional” but gave doubt to whether the woman, who said she had also kicked and flicked Mr Murchie, consented to the assaults.
Magistrate Margaret Quinn also accepted the defence argument that the complainant had initiated the kiss with Mr Murchie while they were at an overnight training course in 2016.
Mr Murchie is now seeking compensation for legal costs after the charges were dismissed.
His defence lawyer Paul McGirr said, while back in court on Friday, the investigation into the allegations was a “witch hunt” and the charges should have been dropped at an early stage.
“I take total issue with the extremely poor and incompetent investigation. I do not use that word lightly, but this investigation was incompetent.”
He alleged the officer in charge of the investigation only investigated people that helped the case against Mr Murchie.
“That is a dangerous rabbit hole to go down because it means you are not impartial ... therefore it is not an investigation it is a witch hunt.”
He said the officer in charge of the investigation did not explore why the alleged victim had sent text messages with a romantic emoji, and had not explored any motives she may have had.
“(The investigation) did not even bother to say ‘look we have this message what did you mean when you sent that?’”.
During the trial, the court found that the woman sent a text to a friend and other messages to Mr Murchie, including love heart emojis.
Mr McGirr said that should have been investigated but it was not.
The costs application has been adjourned and will be back before Central Local Court on May 22.
Mr Murchie was at nightclub Sari Bar on October 12, 2002 when a van parked outside exploded, killing many inside and injuring his arms. He received a bravery award for helping survivors to escape the inferno.
Under current laws, costs cannot to be awarded by way of punishment of an unsuccessful party.
They are "compensatory" in the sense that they are awarded to "indemnify the successful party against the expense to which he or she has been put by reason of the legal proceedings".