Elise Archer writes to Department of Prosecutions over Jeremy Rockliff ultimatum ‘threat’

Former Attorney-General Elise Archer has referred the Premier to the Director of Public Prosecutions alleging he broke the state’s Criminal Code. What she said in the letter.

Attorney- General Elise Archer and Premier Jeremy Rockliff. Picture: Chris Kidd

Former Attorney-General Elise Archer has written to the Director of Public Prosecutions demanding he look into whether Premier Jeremy Rockliff committed a criminal offence with an ultimatum made earlier this month.

Ms Archer resigned earlier this month after the Premier said he would call an election if she did not.

Labor leader Rebecca White told Question Time on Tuesday Ms Archer had made a formal complaint.

“Can you confirm the former Attorney-General Elise Archer has this morning made a formal request to the Director of Public Prosecutions that you be investigated for a potential breach of section 70(2) of the Criminal Code?” she asked.

“Can you explain why the former Attorney felt so threatened by your behaviour that she has needed to make a formal complaint?”

Premier Jeremy Rockliff. Picture: Rob Burnett

In the letter sent to Director of Public Prosecutions Daryl Coates SC, Ms Archer says “there can be no more serious matter than an investigation into the potential criminal conduct of an elected official but in the circumstances as I have outlined above, I believe it is completely warranted,” she wrote.

“I am acutely aware that you may not be able to investigate unless there is a complaint made by myself.

“I have taken over a week to seriously consider this action, and ramifications fully.

“I have concluded that I must make this complaint. In doing so, and as the former First Law Officer of this State, I believe that no-one is above the law, and importantly, that this section of the Criminal Code is there for this very situation.”

Former Attorney-General Elise Archer. Picture: Nikki Davis-Jones

The relevant section states “any person who, directly or indirectly, by fraud, or by threats or intimidation of any kind, influences a Member of either House of parliament in the exercise of his duty or authority as such Member, or induces him to absent himself from the House or from any Parliamentary committee, is guilty of the offence of “unlawfully influencing a Member of parliament”.

Mr Rockliff said he was unaware of the complaint and denied any wrongdoing

“I’m not aware of any complaints being made to the DPP,” he said.

“I very respectfully sent correspondence to Ms Archer seeking clarification on Ms Archer’s intent – whether she intended to resign her seat, as she publicly indicated she would or whether she intended to provide supply and confidence to our government.

“And it’s absolutely my right to seek such clarification”

In her letter, Ms Archer includes a copy of the October 4 correspondence in which Mr Rockliff said he would call an election if Ms Archer did not resign from parliament, with a deadline of the following Monday.

“This letter was delivered I believe to provide the biggest ‘sting’ as it was almost immediately publicly referred to by the Premier in the media. Nothing about it was private,” she wrote.

“I took it to be characteristically scathing and intimidating with the intention to threaten and intimidate me into resigning.

“This has had a profound effect on me. There has been no thought given to how this might impact on my mental health and wellbeing given what I had been through in the preceding days, losing my position as Attorney-General and a Minister of the Crown, which was and still is traumatic to say the least – for which I am now seeking medical assistance.”