"MR MALLARD SERVED 12 YEARS OF A 20-YEAR JAIL SENTENCE BEFORE HIS CONVICTION WAS QUASHED BY THE HIGH COURT IN 2005. HE WALKED FREE FROM JAIL IN 2006.
THE POLICE SPECIAL CRIME SQUAD CONDUCTED A COLD CASE REVIEW OF MRS LAWRENCE’S MURDER IN 2006 WHICH FINALLY ELIMINATED MR MALLARD AS A SUSPECT.
THE REVIEW FOUND THERE WAS SUFFICIENT EVIDENCE TO IMPLICATE CONVICTED KILLER SIMON ROCHFORD IN MRS LAWRENCE’S MURDER."
THE WEST AUSTRALIAN;
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Andrew Mallard's response to the more than $3 million he has been offered by the Government of West Australia is recorded by the West Australian in a story headed, "Mallard disappointed over payment for wrongful conviction" which appeared without by-line earlier today;
"Andrew Mallard cannot put a price on the 12 years of freedom he lost for a murder he did not commit," the story begins;
"But he knows the $270,800 he’s been offered for every year he spent behind bars doesn’t come close," the story continues;
"At less than half of what he’d sought for his prison ordeal, which allegedly included bashings and being sent to a psychiatric hospital, it’s not even in the ball park.
Mr Mallard says he is “extremely disappointed” with an offer today of $3.25 million for his wrongful conviction for the 1994 murder of Perth jeweller Pamela Lawrence.
Despite it being a record ex gratia payment for Western Australia, he’s seeking further legal advice over what opposition legal affairs spokesman John Quigley called a cruel blow for an innocent man.
“I will be conferring with my lawyers,” he said.
Mr Mallard served 12 years of a 20-year jail sentence before his conviction was quashed by the High Court in 2005. He walked free from jail in 2006.
The police special crime squad conducted a cold case review of Mrs Lawrence’s murder in 2006 which finally eliminated Mr Mallard as a suspect.
The review found there was sufficient evidence to implicate convicted killer Simon Rochford in Mrs Lawrence’s murder.
Rochford, whose palm print was found during the review, committed suicide in jail after a news organisation reported he’d been identified as a suspect.
The murder investigation and Mr Mallard’s wrongful conviction were the subject of a Corruption and Crime Commission inquiry into whether police and other officials had engaged in misconduct.
Two assistant police commissioners, Mal Shervill and David Caporn, were forced to step down from their jobs in the wake of the CCC’s findings.
Mr Mallard had demanded $7.5 million as compensation on advice from his lawyers, but today WA Attorney-General Christian Porter said the settlement would be just $3.25 million.
Mr Quigley - a long-time champion for Mr Mallard - said on the weekend that Mr Mallard had been advised to accept nothing less than a $7.5 million ex gratia payment.
He said that if the Government failed to match that amount, Mr Mallard would simply pursue a Supreme Court writ he’d already lodged against 17 defendants, including seven police officers and the Director of Public Prosecutions.
“So he’s looking at, is this figure enough to settle this Supreme Court action and it’s not being suggested by the government that it is or that it’s fair compensation in that regard,” Mr Quigley said today.
Mr Porter said the figure was based on the best legal advice available to the Government.
“There’s no doubting that what he went through was quite terrible and based on the best legal advice and after the extensive deliberations of cabinet without any strings attached ... this is the quantum which has been determined,” Mr Porter said.
A spokesman for Mr Porter later said the money was a gift, not compensation, and Mr Mallard would have to continue his fight if he also wanted compensation.
WA Police Union president Mike Dean said the police officers listed on Mr Mallard’s writ were not concerned about the prospect of being sued.
“I’ve spoken to some of the officers involved ... and quite frankly they are not concerned at all,” Mr Dean said.
“These officers have never been found guilty of anything by anybody and their legal exposure is nil.”
Mr Dean said the ex gratia payment was fair.
“And we don’t begrudge him the money, there is actually a real concern that the system let him down that badly and put this man in jail ..., “ Mr Dean said.
Mr Quigley said he was outraged that a man who’d been so terribly wronged by the system had been told to fight on.
“This man was taken from the streets as a totally innocent person, imprisoned for 12.5 years, bashed in prison, sent to a psychiatric hospital where he was injected because he wouldn’t accept his guilt,” Mr Quigley told reporters.
“This is enormous what’s happened to him.
“For a man who has had to fight against the system, the DPP, the police and the government for over 12 years to prove his innocence it’s a bitter and cruel blow to be told for the rest of your compensation keep on fighting sunshine.
“That is not fair.”"
Harold Levy...hlevy15@gmail.com;
