If there are other reasons Fowles has been booted, full disclosure should be made

Jacinta Allan’s decision to rule out Will Fowles ever returning to the Labor Party caucus appear to disregard the presumption of innocence and suggest that, regardless of any police investigation, she believes Fowles is guilty of something.

“Wherever law ends, tyranny begins”.

So wrote political theorist and philosopher John Locke in the late 17th century.

Some 300 years later it might do our political leaders well to reflect on that statement.

In recent years a proclivity has emerged among our leaders for treating the fundamental principles that underpin the law with some recklessness. Specifically, that the law applies to all equally, and that all enjoy a presumption of innocence.

Last week Victoria Police concluded a six-month sexual assault investigation after allegations were levelled at Ringwood MP Will Fowles.

They involved a liaison between Fowles and a ministerial staffer not employed by him after a parliamentary sitting last August.

Will Fowles was investigated by police over allegations levelled against him. Picture: Jake Nowakowski

He maintains he did nothing wrong.

Following what police described as a “rigorous and methodical” probe, they decided against laying charges.

It means that police could not build a case strong enough worthy of prosecution.

Guidelines dictate Victorian prosecutions may proceed only if there is a reasonable prospect of conviction – and when a prosecution is in the public interest.

There may have been any number of issues with this case: the reliability or credibility of the evidence chief among them.

After police publicly dropped the investigation, Jacinta Allan issued a strongly worded statement confirming Fowles would not rejoin the Labor caucus.

“The wellbeing of staff and their right to a safe workplace is not negotiable and we will always act on any allegations of a serious nature,” the Premier said.

“The member for Ringwood was asked to resign from the parliamentary Labor Party in August last year. He will not return.

Jacinta Allan issued a strongly worded statement confirming Fowles would not rejoin the Labor caucus. Picture: Getty

“The complainant will continue to be supported and their privacy must be respected at this time.”

The comments appear to disregard the presumption of innocence and suggest that, regardless of any police investigation, the Premier believes Fowles is guilty of something.

We saw similar after George Pell was acquitted by the High Court of child sex abuse convictions.

Then premier Dan Andrews said: “I have a message for every single victim and survivor of child sex abuse: I see you. I hear you. I believe you.”

A swathe of politicians and commentators rushed to throw their support behind Pell’s accuser, former MPs Jenny Mikakos and Fiona Patten among them. It is now the norm that victims of abuse are believed, no questions asked.

We should expect more from our leaders, not least because of the risk that such accusations can be used wantonly as political weapons.

Will Fowles and Daniel Andrews pictured in 2022.

Greg Barns SC, national criminal justice spokesman for the Australian Lawyers Alliance, says the treatment of Fowles is troubling.

“The comments by the Premier that he would never be allowed back into the parliamentary Labor Party is disturbing in that it fails to have regard to the fact that police have conducted an investigation and no charges have been laid,” Barns said.

“To say that a person would never be allowed back into an organisation, in these circumstances could be seen to be assuming wrongdoing on the part of that person despite the fact that, as I say, police have investigated the matter and no charges have been laid. We should expect our political leaders to respect the rights of individuals in these circumstances.”

There may be good reason Ms Allan has ruled out welcoming Fowles back to the fold.

The treatment of Will Fowles is troubling, Greg Barns SC, says. Picture: Michael Klein

Perhaps, as some government insiders suggest, she anticipates trouble ahead and wants to rid herself of a ticking time bomb.

Perhaps there are concerns about Fowles’ previously confessed substance abuse problems and perceptions of increasingly unparliamentary behaviour.

Perhaps, as senior minister Gabrielle Williams said on Monday, there were still questions around the conduct that surrounded the allegation that meant there was “good reason that there isn’t a place for Will”.

But if there are other reasons Fowles has been booted, full disclosure should be made about what they are.

Because on the surface, the Premier’s handling of the affair risks the perception of being reckless as to fairness and proper procedures.

Fowles has previously confessed substance abuse problems. Picture: Mark Stewart

And it invites questions about when else the government may be happy to cut across proper process.

We’ve seen what happens when it does: the hotel quarantine debacle and Commonwealth Games scandal spring to mind. And when that same laissez-faire approach to process creeps into the public sector we find ourselves with “fake patient” scandals.

The Allan government has announced plans for a new parliamentary integrity commission to investigate wrongdoing – including bullying and harassment complaints – involving Victorian MPs. It would have the power to investigate allegations such as those made against Fowles. For him, such an initiative is too late.

For his colleagues, perhaps, it cannot come soon enough.

Shannon Deery is state politics editor.