DPP clears Tasmanian Premier Jeremy Rockliff: ‘No criminal offence’ in Elise Archer ultimatum

Tasmania’s chief prosecutor has decided Premier Jeremy Rockliff did not commit any criminal offence in urging his former attorney-general to back the government or quit parliament.

Tasmanian Premier Jeremy Rockliff and former attorney-general Elise Archer.

Tasmania’s chief prosecutor has decided Premier Jeremy Rockliff did not commit any criminal offence in urging his former attorney-general to back the government or quit parliament.

Director of Public Prosecutions Daryl Coates, SC, issued a statement on Wednesday saying he would not be laying a complaint against Mr Rockliff, nor recommending police investigate his actions.

The decision follows a complaint by ousted attorney-general Elise Archer, suggesting Mr Rockliff’s threat of an early election if she did not quit parliament or offer supply and confidence could constitute a breach of the criminal code.

“Upon considering the material supplied by Ms Archer, I am of the view that it does not disclose an offence by the Premier,” Mr Coates said.

“I therefore will not be laying a complaint nor will I recommend for Tasmania Police to investigate the matter.”

Mr Rockliff welcomed the decision. “I will continue to always put Tasmania’s interests first,” he said.

Mr Coates said Ms Archer’s complaint had been “fully considered” by his office, “as with any complaint”.

Ms Archer quit as attorney-general on September 29, in the wake of bullying allegations and leaked text messages, exposed by The Australian.

However, she then considered remaining as an independent MP to back a Labor no confidence motion in Mr Rockliff.

She relented and quit parliament on October 4 after the Premier issued her an ultimatum to leave parliament or offer confidence to his minority government – or else trigger an early election.

In her letter of complaint to Mr Coates, Ms Archer alleged Mr Rockliff had “intimidated” her with “threats”, precipitating her resignation from parliament.

She alleged this could be a breach of section 70 of the criminal code, which makes it an offence to “directly or indirectly, by fraud, or by threats or intimidation of any kind” influence an MP “in the exercise of his duty … or induces him to absent himself from the House”.

Ms Archer told Mr Coates Mr Rockliff’s demand “can only be taken as an intended ultimatum or threat and was certainly intimidating, resulting in my resignation from parliament”.

However, Mr Rockliff denied any intimidation, saying he was merely seeking certainty in the state’s best interests.

On Wednesday evening, Ms Archer, who has denied the bullying allegations made by at least two former staff members, said she was “obviously disappointed by the DPP’s decision but must respect his opinion”.

“This was always a matter of public interest and therefore, it was appropriate for the complaint to be known publicly,” she said.

“It appears that a member of parliament (the Premier in this instance) can make an ultimatum and, in doing so, intimidate a member to which section 70(2) applies, if it is in the ‘political discourse’, with little or no regard for how the member (myself) felt and then acted based on such intimidation or threat.

“The fact that I reconsidered resigning over a few days did not, in my view, diminish the ultimatum’s impact on my final decision to resign from parliament.”