What a coronial inquest would mean for Christian Porter

The coroner could soon launch an inquest into the death of the woman who withdrew her claim that Christian Porter raped her. Here’s what that could mean.

All eyes are now on the South Australian coroner after Prime Minister Scott Morrison said he would back a coronial inquest into the death of the woman who claimed Christian Porter raped her.

On Wednesday, Mr Porter revealed himself as the minister at the centre of a rape allegation involving a 16-year-old girl in Sydney in 1988.

The Attorney-General, who has never been charged, chose to waive his anonymity in order to publicly deny the allegations, telling a press conference the incident never occurred.

NSW Police said there had been “insufficient evidence” to proceed with an investigation, labelling the matter “closed”.

This week, police also revealed the woman at the centre of the allegation told police she did not want to proceed with the complaint just days before taking her own life in 2020.

While the NSW Police investigation into the matter has closed, the South Australian coroner could still decide to hold an inquest into the woman’s death.

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Australia's Attorney-General Christian Porter has strongly denied the historical rape allegation against him. Picture: Stefan Gosatti/AFP

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On Wednesday, the South Australian State Coroner David Whittle announced he had deemed the investigation into the accuser’s death “incomplete”.

“On the morning of 1 March 2021, an investigation file regarding the death of a woman in June 2020 was delivered to me by South Australia Police. The woman’s death and related matters have been the subject of media reporting in recent days,” he said in a statement.

“Whilst SAPOL has provided information to me, I determined that the investigation is incomplete. This was particularly evident having regard to information contained in recent media reports.”

Mr Whittle said he has requested further investigations be undertaken and once it has been “completed to his satisfaction” he will determine whether to hold a coronal inquest.

But what would this mean for Mr Porter?

If the coroner does decide to hold an inquest into the woman’s death, then Mr Porter, among others, could be asked to provide a witness statement.

University of South Australia Emeritus Professor of Law and Criminal Justice, Rick Sarre, said holding an inquest gives a coroner “considerable” powers.

“It is not the state coroner’s role to establish whether a crime has been committed or to find a person guilty of that crime,” Professor Sarre wrote for The Conversation.

“But the coroner has considerable power fashioned over the centuries to get behind matters and dig deep. Remember, too, he is not bound by the rules of evidence.

“The story has not ended just yet.”

While Prime Minister Scott Morrison remains opposed to a parliamentary inquiry or investigation into the allegations against Mr Porter, he revealed on Friday that he would “welcome” a coronial inquest into the suicide of the woman at the centre of the claims.

Mr Morrison was asked, if an inquest was held, whether Mr Porter should be given the opportunity to give sworn evidence.

“Well, the coronial inquiry would be into the rather terrible events with the death by suicide of the woman at the centre of this,’’ he said.

“And if the coroner sought that, then I have no doubt that the Attorney-General would co-operate with any coronial process.”

The Prime Minister said the “rule of law” and not “the mob” must be upheld.

It comes just days after the family of the woman who made the rape accusation said they would be open to “any inquiry” that would shed light on her death.

In a statement to news.com.au, lawyers acting for the woman’s family said they were open to either a coronial inquiry or an independent investigation into her rape claims, to be established by parliament.

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Prime Minister Scott Morrison said he would support a coronial inquest if the South Australian coroner calls for one. Picture: Mark Evans/Getty Images

“The family of the deceased continue to experience considerable grief arising from their loss,’’ the statement said.

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

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

Since revealing himself as the minister involved in the historical rape allegations on Wednesday, Mr Porter has vehemently denied the accusations.

He held an emotional press conference where he expressed his sympathy to the woman’s parents for the distress they must be going through.

“The things that are being said happened did not happen,’’ a teary Mr Porter said.

“It’s the truth. Nothing that is in the allegations that have been printed ever happened.”

He confirmed that he would not be standing down as Attorney-General, claiming if he was made to do so then there would be “rule of law left” in Australia.

“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,” the Attorney-General 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.”

While Mr Porter will not be resigning as Attorney-General, he will be taking a period of mental health leave.

“I am going to take a short period of leave to assess and hopefully improve my own mental health,” he said.

“All of my life I have just pushed through, but for the many caring family and friends who have asked me that question over the course of the last week, ‘Are you OK?’ I have got to say my … answer is I really don’t know. I am not ashamed to say that I am going to seek some professional assessment and assistance on answering that question over the next few weeks.”