Close knit legal fraternity riddled with conflicts of interest in case of NT police officer charged with rape
THE prosecution of a high ranking police officer charged with four counts of rape has hit a hurdle with a Local Court judge saying it would be ‘difficult to find an appropriate person’ to preside over committal proceedings
Crime and Court
Don't miss out on the headlines from Crime and Court. Followed categories will be added to My News.
THE prosecution of a high ranking police officer charged with four counts of rape hit a hurdle on Wednesday with a Local Court judge saying it would be “difficult to find an appropriate person” to preside over committal proceedings.
Lawyers for the officer, who cannot yet be named, appeared briefly in Darwin Local Court where Judge Elisabeth Armitage said she would not be able to preside over an upcoming committal.
“I think I would have to disqualify myself,” Ms Armitage said.
She said she would flag the issue with Chief Judge Dr John Lowndes before the case returns to court briefly on Thursday.
Victorian barrister Nick Papas QC appeared in court on Wednesday and will lead the prosecution.
He has been briefed to spearhead the prosecution because of what the NT News understands is a conflict of interest within the Northern Territory Office of the Director of Public Prosecution.
The police officer’s barrister, John Lawrence SC, told court his client probably has “personal connections” with many judges in the Northern Territory.
• SPECIAL limited time offer: NT News subscription for just $5 per month for the first 3 months
Mr Papas said if every Local Court judge in Darwin turned out to have a conflict of interest in the case, one option would be to send the case directly to the Supreme Court, where a Supreme Court judge could hold a hearing, known as a Basha inquiry, where the defence would be able to cross-examine some witnesses before any jury trial.
Ms Armitage said some of the more recently appointed Local Court judges might be able to preside over the police officer’s committal hearing.
The police officer was charged in July, and the prosecution has been given repeated time extensions beyond the three months within which rape charges are normally required to be sent to the Supreme Court.