Inquiry into prosecutions dispute is hushed up

THE Coalition government will launch an independent inquiry into Victoria's Office of Public Prosecutions.

THE Coalition government will launch an independent inquiry into Victoria's Office of Public Prosecutions.

But it lacks any power to compel or protect witnesses and its findings may not be released in full to the public.

Questions arose last year over the decision by Director of Public Prosecutions Jeremy Rapke QC to nominate three junior solicitors for promotion, putting him at odds with his senior staff on the OPP, which essentially acts as the DPP's solicitor.

Mr Rapke vigorously denied he had a sexual relationship with one of the young solicitors, Diana Karamicov, after lawyers within the OPP claimed the pair had an "improper and inappropriate relationship".

The depth of the dispute between the OPP and the DPP became public when it was revealed one of the state's most senior prosecutors, Gavin Silbert QC, had written to then attorney-general Rob Hulls expressing his concern at the nominations and not being consulted over later appointments to associate crown prosecutors.

The new Attorney-General, Robert Clark, promised last year he would investigate the workings of the office if the Coalition won the election.

But the inquiry, to be announced today, will have no judicial powers or those of a standing royal commission.

The final report will not be tabled in state parliament -- rather being handed to the cabinet in March -- therefore it is unlikely to be protected under parliamentary privilege, and may not be released in full to the public because of its sensitive nature.

The investigation will be headed by retired Supreme Court judge Frank Vincent QC and will look at the DPP, the Chief Crown Prosecutor, all prosecutors, as well as the OPP.

The terms of reference for the three-month inquiry include looking into the functioning of these offices in "light of the claims made in recent months".

Mr Clark said the inquiry would be based on one Mr Vincent conducted last year into the wrongful conviction of Farah Jama after a mix-up with DNA evidence. Mr Clark said the Jama inquiry was "widely recognised as dealing with difficult and complex issues directly and effectively". He hoped the current inquiry would reach "similarly valuable findings and recommendations".

It is understood the government believes prosecutions staff will come forward and give evidence to the inquiry -- potentially against their boss -- despite the lack of protection afforded to witnesses or the ability to compel them to answer questions.