UP-DATE: ANDREW MALLARD; COMPENSATION; HE ASKS WEST AUSTRALIA TO RECONSIDER $3.25 MILLION OFFER: GOVERNMENT WON'T BUDGE; THEDAILY.COM.AU REPORTS

The daily.com.au's story, by reporter Aleisha Preedy, ran earlier today under the heading: "Mallard payment 'won't be reconsidered'";

"Andrew Mallard has appealed with the West Australian government to reconsider their "take it or leave it" $3.25 million offer for his 12-year wrongful stint behind bars," the story begins;

"Wrongfully convicted for the 1994 murder of Perth jeweller Pamela Lawrence, Mr Mallard said he didn't want to re-open old wounds from the years he "rotted" in a maximum security jail," it continues;

"The 48-year-old served 12 years of a 20-year jail sentence before his conviction was quashed by the High Court in 2005.

He was released from jail in 2006.

An emotional Mr Mallard on Thursday told reporters he had been left with no choice but to fight for compensation, of which he had sought $7.25 million.

"I don't want to have to re-live my nightmare in court, which my lawyers say could take up to five years or more to finalise," Mr Mallard said.

"I am told the trial itself could take up to several months to be heard.

"Why should a jury hearing my trial be made to give up months of their lives and their families' lives to hear all the painful evidence."

Premier Colin Barnett earlier told reporters the government's offer would be not be reconsidered and that the "gift" was a fair and proper arrangement.

"It is up to Mr Mallard whether he wishes to seek further damages against the state or its agents, be it police or the director of public prosecution," Mr Barnett said.

"It will allow him to have quality accommodation for the rest of his life, buy a house wherever he wants and if it's well invested he will have a high income by most people's standards for the rest of his living days.

"That doesn't make up for 12 years in jail but it is a fair and reasonable position for the state to make."

Mr Mallard said he was still traumatised by his incarceration and became emotional when revealing his father had died of a broken heart while he was in jail.

He also blamed his wrongful imprisonment on a failed relationship and being kicked out of a Melbourne share house after it was revealed he had been in jail.

The murder investigation and Mr Mallard's wrongful conviction were the subject of a Corruption and Crime Commission (CCC) 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 CCC's findings.

Mr Mallard said the police officers involved in his imprisonment had got off "scot-free" and he would get small comfort in seeing them face criminal charges.

While his lawyers advised him not to reveal what he planned to do with a compensation payout, Mr Mallard said he wished to start a new life overseas."

Harold Levy...hlevy15@gmail.com;