NSW Police questioned over whether their investigation into alleged historic rape by Attorney-General went ‘far enough’

NSW’s top cop has been grilled over the police investigation into a historic rape allegation made about Attorney General Christian Porter.

The NSW Police Commissioner has been grilled over police handling of a historic sexual assault claim involving the Attorney-General Christian Porter.

Police Commissioner Michael Fuller faced a string of questions during a budget estimates hearing on Friday about why police decided to abandon the investigation and whether investigators had pushed hard enough for an official statement before the woman took her own life.

The woman was unable to make a statement in person to police due to COVID-19 border restrictions and indicated she did not want to go ahead with the investigation the day before she died.

NSW Police Commissioner Mick Fuller (centre) at Senate Estimates into Police and Emergency Services Picture: Joel Carrett

Deputy Chair David Shoebridge questioned if police had sought any prior statements or evidence from the woman at the time of her withdrawing her complaint, and if they had considered pushing ahead with prosecution given she was “clearly troubled”.

“We don’t try and talk people out of this, it is a very stressful thing, particularly for sexual assault matters,” Mr Fuller said in response.

“There are times when victims have given signed statements and we’ve interviewed alleged offenders and it doesn’t proceed because the victim does not want to go ahead.

“It doesn’t change our stance, as tragic as that is.”

Australia's Attorney General Christian Porter after he outed himself as the unnamed cabinet minister accused of raping a 16-year-old girl. Picture: Stefan Gosatti

Investigators in NSW spoke with the woman, her partner and family multiple times last year, but questions arose as to whether they had gone far enough, including pursuing the investigation via telephone and video or involving South Australian police.

“A historic sexual assault statement is one that is extremely complicated, it is not something you’d do justice to over the phone,” he said.

“You really need to ensure that the victim’s statements are at their strongest to stand the test of possible scrutiny.

“We (told her) we’d come as soon as practically possible, given restrictions.”

NSW Police Commissioner Michael Fuller. Picture: Richard Dobson

Mr Fuller said an application for police to travel to South Australia to interview the woman had not been made due to the “dangers” posed by COVID-19, and that handing SA police the task of obtaining a statement was not routine.

“Victims often don’t want to be passed onto other police because it’s convenient, so I wouldn’t have been supportive of that,” he said.

“If I was the investigator that would’ve been the last thing I would’ve wanted.”

Mr Fuller confirmed police had not sought to interview the Attorney-General about the claims due to the victim’s desire to abandon the investigation.

“That is not just (procedure) for the Attorney-General, that’s for every matter,” Mr Fuller said.

“Whether that is right or wrong, we are looking at that at the moment with a whole broader range of things around the journey for victims in the justice system.”

Mr Fuller said he had not spoken to any members of federal or state parliament during the course of the investigation.

The woman’s death may now be subject to a coronial inquest and police in South Australia have been given extra assistance from the Coroner to embark on an investigation.