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NSW Police close case on rape allegation against cabinet minister
By David Crowe
NSW Police have closed an investigation into allegations of rape against a federal cabinet minister after gaining legal advice that personal documents about the claims did not provide enough admissible evidence to proceed.
The statement ends days of doubt over whether the police could continue an investigation into the accusation against the man, which he denied in a conversation with Prime Minister Scott Morrison last Wednesday.
NSW Police have closed their investigation into a rape allegation against a cabinet minister.Credit: Alex Ellinghausen
The woman alleged the rape took place in Sydney in January 1988 and made the claim to NSW Police in February last year, but the investigation was suspended in June when she took her own life.
South Australia Police are investigating the woman’s death in her home city of Adelaide on behalf of the state coroner.
While the woman prepared a lengthy statement about her experience, the NSW Police decided this was not enough to continue and said on Tuesday afternoon it had been closed.
“In November 2019, a woman then aged 48 attended an Adelaide police station seeking advice about reporting historical sexual offences, which allegedly occurred in 1988 in Sydney,” the NSW Police said in a statement.
“The matter was then referred to the NSW Police Force and an investigation by the Child Abuse and Sex Crimes Squad commenced under Strike Force Wyndarra.
“NSW Police Force has been the lead agency in respect to this investigation since February 2020.
“For various reasons, the woman did not detail her allegations in a formal statement to NSW Police. The woman passed away in June 2020.
“Following the woman’s death, NSW Police came into possession of a personal document purportedly made by the woman previously. NSW Police have since sought legal advice in relation to these matters.
“Based on information provided to NSW Police, there is insufficient admissible evidence to proceed. As such, NSW Police Force has determined the matter is now closed.”
Australian Federal Police Commissioner Reece Kershaw said on Tuesday morning he had spoken to NSW Police Commissioner Mick Fuller about whether the state investigation could proceed when a complainant had died.
Mr Kershaw and Mr Fuller arranged to discuss the issue with South Australian Police Commissioner Grant Stevens on Tuesday.
“It’s very problematic and it’s something that the NSW commissioner has talked to me about – about him seeking further legal advice in relation to that matter,” Mr Kershaw told 2GB.
“And that’s something that, as I said, myself and the South Australian Police Commissioner will be discussing.
“The AFP’s role is to liaise and support and provide whatever advice those jurisdictions need in this matter.”
The decision comes after the woman’s friends called for an independent inquiry into the accusations on the grounds a police investigation was unlikely to proceed.
Former prime minister Malcolm Turnbull called on Tuesday morning for the cabinet minister to “step forward” and answer the claims in public.
“The fact is he owes it to his colleagues and the country to step out, step forward to say, right, ‘I’m the person referred to’ and then set out all the details,” he said.
But Prime Minister Scott Morrison said the cabinet minister had denied the claim and that it was a matter for the police rather than a wider inquiry.
Greens leader Adam Bandt said the police statement said Mr Morrison had to stand the minister aside and establish an independent investigation.
“The Prime Minister now has no choice. He must take action. With no police investigation to resolve this, the pressure on the Prime Minister will only grow,” Mr Bandt said.
National Sexual Assault, Family & Domestic Violence Counselling Line: 1800 737 732. Crisis support can be found at Lifeline: (13 11 14 and lifeline.org.au), the Suicide Call Back Service (1300 659 467 and suicidecallbackservice.org.au) and beyondblue (1300 22 4636 and beyondblue.org.au).