Rape complainant’s parents want death investigated

The parents of the woman who alleged she was raped by Christian Porter want an investigation as Scott Morrison won’t back an independent inquiry.

The parents of the woman at the heart of historic sex assault allegations vigourously denied by Attorney-General Christian Porter have released a statement saying that they support an inquiry into the circumstances around her death.

Speaking through lawyers, the parents of the woman - understood to have taken her own life last year - said through a spokesperson, “The family of the deceased continue to experience considerable grief arising from their loss.”

“They are supportive of any inquiry which would potentially shed light on the circumstances surrounding the deceased’s passing.

“They ask that their privacy be respected during this difficult time.”

The woman, who claimed that she was raped by Christian Porter when he was 17 and she was 16 at a school debating tournament in Sydney in 1988, reportedly withdrew a complaint to NSW Police in June, 2020, and died the following day in South Australia.

Mr Porter has strenuously denied the allegations, saying the events described by the woman “didn’t happen” and there is no suggestion he had any involvement in the woman’s death.

The South Australian coroner has left open the possibility of an inquiry into the woman’s death, and a number of Labor and media figures have called for an independent inquiry to be called by the prime minister.

PM REJECTS CALLS FOR INQUIRY

Prime Minister Scott Morrison has addressed the allegations against Mr Porter and rejected that calls for inquiries outside the police process would undermine the rule of law and the presumption of innocence.

“The investigation of allegations involving criminal activity by competent and authorised bodies. That is, the police … that is our rule of law,” Mr Morrison said, announcing a new Resources Roadmap for the minerals industry in the Hunter Valley.

“As traumatic as these events are, that principle must continue to guide us, and will certainly continue to guide me and my government as we deal with these very sensitive issues.

Mr Morrison said “the police are competent to deal with these issues. They have reviewed the materials, and they’ve formed their assessment. There is not some other process. There is not the mob process. There is not the tribe-has-spoken process. That’s not how we run the rule of law in Australia,” Mr Morrison said.

Scott Morrison has said inquiries outside the police process would undermine the rule of law and the presumption of innocence. Picture: NCA NewsWire / Peter Lorimer.

“We run the rule of law based on police. On courts. On judicial systems. On rules of evidence. On presumption of innocence. That’s how liberal democracies function.”

“If you don’t go too far from here, you will find countries where the rule of law does not apply,” he said.“And you will be aware of the terrible things that can happen in a country where the rule of law is not upheld and is not supported, in whatever the circumstances.”

“We must reflect on that principle, because it is that principle that undergirds our democracy itself. The presumption of innocence.”

TREASURER REJECTS INQUIRY CALLS

Treasurer Josh Frydenberg has rejected calls for an inquiry after Mr Porter outed himself as the minister at the centre of the historic rape allegation.

Following calls from Labor and Greens MPs for an independent inquiry into the assault, which is claimed to have happened 33 years ago, Mr Frydenberg told Sky News on Thursday Mr Porter was entitled to be seen as innocent until proven guilty.

He said the judgement of NSW Police, who have since closed an investigation due to a lack of evidence, was “most important” rather than an inquiry.

“Christian Porter has emphatically denied the events and he’s entitled to the presumption of innocence,” Mr Frydenberg told Sky News.

“The matter is at an end because the police have spoken… it’s the police whose judgment and whose decision is the most important here.”

Mr Porter has now taken leave but yesterday refused to resign from his role in federal Cabinet.

The Treasurer Josh Frydenberg, during Question Time in the House of Representatives in Parliament House Canberra. Picture: NCA NewsWire / Gary Ramage

SENATOR SAYS RAPE CLAIM NOT OVER

The allegation against Mr Porter is “nowhere near” being resolved, despite the Attorney-General’s vigorous denials, Greens senator Sarah Hanson-Young said.

Her comments came as the South Australian coroner confirmed on Wednesday afternoon the state’s police investigation into complainant’s death was continuing.

The Attorney-General identified himself on Wednesday as the minister named in a letter to Prime Minister Scott Morrison last week alleging she had been raped in 1988.

His press conference followed NSW Police confirming it would not pursue an investigation into the matter, citing “insufficient admissible evidence”.

Attorney-General Christian Porter has denied the allegations against him. Picture: Sharon Smith / NCA NewsWire

The woman reported the alleged rape to police in 2019, but took her own life last year.

Ms Hanson-Young agreed that was “a very serious point”, claiming Australia did not want a culture of “name and blame”.

But she reiterated her call for an independent review into the matter, saying it was “difficult to see” Mr Porter returning to his role without Mr Morrison being “certain” he was fit to hold it.

PORTER: ‘SIMPLY DID NOT HAPPEN’

A visibly emotional Porter strongly denied the accusations, saying they “simply did not happen” yesterday.

Speaking at a press conference in Perth, he refused to resign from his post as Attorney-General. “I am not standing down or aside,” he said.

He said he would take a “short period of leave” to address his mental health.

Attorney-General Christian Porter has strenuously denied rape allegations. Picture: AFP

Mr Porter said he would not be standing down, saying he believed that it would create a precedent and mean “there is no rule of law left to protect”.

“If I stand down from my position as Attorney-General because of an allegation about something that simply did not happen, then any person in Australia can lose their career, their job, their life’s work based on nothing more than an accusation that appears in print,” he said.

“If that happens, anyone in public life is able to be removed simply by the printing of an allegation. Every child we raise can have their lives destroyed by online reporting of accusations alone.”

Federal Attorney-General Christian Porter addresses the media at a press conference in Perth. Picture: Sharon Smith / NCA NewsWire

He said he believed if he resigned it would set a new standard in politics.

“My guess is if I were to resign and that set a new standard, there wouldn’t be much need for an Attorney-General anyway because there would be no rule of law left to protect in this country,” Mr Porter said.

“I will not be part of letting that happen while I am Attorney-General and I am sure you will ask and I will state to you, I am not standing down or aside.”

Mr Porter said he only knew the complainant for a brief period in his teens, describing her as a “bright, happy person”.

With voice shaking and holding back tears, he began by addressing the parents of the alleged victim, saying they deserved better than the allegation being politicised.

“The things that have been claimed to happen did not happen. I do not mean to impose anything more upon your grief,” he said.

“I hope that you will also understand that because what is being alleged did not happen. I must say so publicly.”

He said had the accusation ever been put to him before they were printed, he would have only told the truth.

“And that is that nothing in the allegations that have been printed, ever happened,” Mr Porter said.

Details of the alleged rape were set to PM Scott Morrison. Picture: Getty Images

The Attorney-General confirmed he and the alleged victim had attended a debating competition at the University of Sydney in 1988.

He said he kept silent as police worked through their process.

“In this last week, I have tried to do what I’ve tried to do all of my life, respect the rules and the processes in the law,” he said.

“I was determined to follow the process set out by the AFP commission. It’s a process which, because of my background I know well, to not comment on allegations through the media because it risks prejudicing any investigation.

“While I have followed the rules, I have been subject to the most wild, intense (and) unrestrained series of accusations that I can remember in modern Australian politics.

“Maybe that’s the new normal.”

Mr Porter said he was “deeply sorry” that his colleagues, people he called friends, had become the target of allegations.

Mr Porter said he first heard a rumour in November he was being accused of “somehow offending against someone decades ago”, but had never been given any detail about what had been alleged.

“All I know about the allegations that’s what I’ve read in the media,” he said.

“It was always a basic foundational starting point, at the very least for anything resembling a fair process, the accusation would need to be put to the person being accused.”

When it was put to the Minister that he had been out to dinner with the group, went dancing at the Hard Rock Cafe and then walked the girl to her room on the night 33 years ago, Mr Porter said “that may be the case”.

But he was adamant nothing further happened and none of his actions could have been misconstrued.

When asked about the allegations he forced the woman to perform oral sex on him and then raped her, he said “that didn’t happen’”.

He said police had never contacted him about the investigation over the alleged incident.

He said he was “aware of a rumour” but no one had ever put the specific allegation to him.

“I’ve never been in the person’s room or anything like that,” he said.

“I read in the material and it sparked a memory … there were four of us – three males and this person who I cannot name. I don’t think any of us had ironed a shirt before and I recall she showed us how to do that.”

Mr Porter said he was aware of a “whispering campaign” before the story broke on Friday but no one had ever put specific allegations to him.

It came as the family of a woman who alleged she was raped in 1988 say they continue to suffer “considerable grief” after her sudden death.

Through a statement issued by their lawyer, the woman’s family said the matter was sensitive and they did not wish to speak publicly.

“They continue to experience considerable grief arising from their loss,” it reads

However, her friends, including lawyers and business leaders, have joined calls for a coronial inquiry into her death.

LABOR CALLS FOR INQUIRY

Federal Opposition Leader Anthony Albanese has fired a warning shot at the government, saying issues surrounding a historical rape allegation will not go away.

This is because the woman did not complete her formal police statement before taking her own life in Adelaide last year.

Mr Albanese said the woman told multiple people that she wanted an investigation, which could be through a coronial inquiry in South Australia or an independent investigation similar to the High Court’s probe into allegations against judge Dyson Heydon.

“It is very clear that, in my mind, that this will require further leadership and action from the Prime Minister and I await the statement by the minister involved,” the Labor leader said.

Labor Leader Anthony Albanese has criticised the Morrison government’s handling of the allegations. Picture: NCA NewsWire / Gary Ramage

“The presumption of innocence is a critical part of our legal system, but now that the existing legal processes have been unable to proceed … people will be looking for further responses beyond any statement that might be made today by the minister.”

Mr Albanese said he was “disappointed” that Mr Morrison – who told the media this week that the minister denied the claims – had not read the document anonymously sent to the Prime Minister’s office.

“That stands in stark contrast to what Scott Morrison said in May of 2019 about the need to believe people who come forward,” Mr Albanese said.

“The Prime Minister needs to assure not just himself but assure the Australian people that the cabinet minister is fit to serve in his current role.

“The Prime Minister (is) pretending that this will go away. It will not.”

MPS SPLIT OVER PORTER STAYING IN A-G ROLE

Speaking on Today, Nationals backbencher Matt Canavan was asked if the cabinet minister at the centre of the allegations should continue in his role.

 “I don’t see any reason why not,” Senator Canavan said.

“To this date what we have seen are allegations, serious allegations.

“But if the mere allegation or making of an allegation would cause someone to be removed from office, that obviously sets a very dangerous precedent.”

Senator Canavan said claims of this nature should be investigated, but the presumption of innocence should be cherished.

Prime Minister Scott Morrison this week rejected calls for an independent inquiry, saying the claims were a matter for the police and the minister had denied the allegations.

But the dead woman’s lawyer, Michael Bradley, told Sunrise that although the criminal process was done, a cloud still hung over the integrity of the cabinet minister accused of the “grave crime”.

Member for New England Barnaby Joyce reacts during Question Time. Picture: Getty

“It is now a matter for the minister in question and the Prime Minister,” Mr Bradley said.

“My view is it would be appropriate for the minister to step down and an inquiry to be held, and then we wait and see what that results in.”

Former deputy prime minister Barnaby Joyce has also backed calls for an independent investigation, led by former High Court judges.

He said this would prevent allegations from being “weaponised by third parties” for a political attack.

“There should be a process that takes it away from trial by politicians because some of that has political purposes and nothing really much to do with empathy for the victim,” he told 2GB.

Mr Joyce also blasted former prime minister Malcolm Turnbull, who on Tuesday cast doubt over the woman’s cause of death.

“You’re not really helping the person,” Mr Joyce said.

“You’re also an article of a public recrimination of a person that you might have thought was an ally and then he later on found out was a political enemy, and therefore you have an axe to grind.”

Opposition government accountability spokeswoman Kristina Keneally said Labor would wait until the cabinet minister made a statement about the shocking allegations before pushing for an independent inquiry. 

‘REPORT TO THE CORONER’

SA Police investigators have provided a brief to the coroner that relates solely to her death, as it occurred in South Australia.

“Allegations were made about a sexual offence that occurred in 1988 in New South Wales. NSW Police had carriage of the sexual assault investigation. The individual concerned, who made those allegations, resided in South Australia,” SA Police Commissioner Grant Stevens said on ABC Radio Adelaide.

“Sadly, that person died in June 2020 before there was any formal statement taken by the NSW Police.

“Our obligation … is to undertake an investigation on behalf of the coroner and provide a report to the coroner.

“What the coroner decides to do in terms of inquesting that death is a matter for the coroner.”

If you or someone you know is experiencing sexual abuse contact 1800 RESPECT on 1800 737 732. Those with personal issues are urged to contact Lifeline on 13 11 14.