UP-DATE: ANDREW MALLARD ACCEPTS $3.25 FROM WEST AUSTRALIAN GOVERNMENTL WILL PURSUE LAWSUIT AGAINST 17 DEFENDENTS INCLUDING 7 POLICE OFFICERS;

"I AM STILL APPALLED AND SHOCKED AT THE AVOIDING OF ANY ACCOUNTABILITY FROM THE GOVERNMENT'S PART AND ALSO FROM POLICE."

ANDREW MALLARD: THE AUSTRALIAN NEWS;

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The Australian News story ran earlier today under the heading "Andrew Mallard accepts $3.25m for wrongful jailing."

"ANDREW Mallard, who spent 12 years in jail for his wrongful conviction on a murder charge, has accepted a $3.25 million ex-gratia compensation payment from the West Australian Government," the Australian Associated Press story begins;

"He has lodged a Supreme Court writ against 17 defendants, including seven police officers and the Director of Public Prosecutions," the story continues.

"Mr Mallard had pleaded with the WA Government to double the payment after the "take it or leave it" offer was made earlier this month."

"The 48-year-old served 12 years of a 20-year sentence for the 1994 murder of Perth jeweller Pamela Lawrence, before his conviction was quashed by the High Court in 2005.
Mr Mallard had sought $7.25 million in compensation before the Government announced its $3.25 million payment, which it described as a "gift".

On May 7, three days after the offer was announced, an emotional Mr Mallard urged the Government to rethink the amount.

He said he did not want to reopen the wounds from the years he spent in jail by fighting for appropriate compensation in a court action.

Deputy Premier Kim Hames today confirmed that Mr Mallard had accepted the offer, and said refusing it "wouldn't have changed any future option that he had".

But Mr Mallard said that in accepting the payment, he had been told the "gift" would be deducted from any future award of damages in the WA Supreme Court.

"It is an inadequate figure but I also need to do this for vindication," Mr Mallard told The West Australian.

"I am still appalled and shocked at the avoiding of any accountability from the Government's part and also from police.

"I have no choice but to accept this money - it is either go down the gurgler or accept what little I have and fight on."

Dr Hames said the compensation had been provided "without any strings attached".

"We provided that as a gift and it was always left open for him to decide whether he would pursue legal action," Dr Hames said.

"If he does that it will be his choice.

"It was going to be in effect a cheque in the mail.

"So if you got a cheque in the mail for just over $3 million I'm sure you wouldn't say no, particularly when there weren't any conditions to (accepting) that amount of money."

Asked if he personally believed it was the right decision, Dr Hames replied: "I think he's made the right decision in not rejecting that money.

"I guess he could have always not cashed the cheque but that wouldn't have changed any future option that he had."

Harold Levy...hlevy15@gmail.com;

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;

UP-DATE: ANDREW MALLARD; COMPENSATION; MALLARD COOL TO MORE THAN $3 MILLION OFFERED BY GOVERNMENT OF WEST AUSTRALIA; PUTTING A PRICE ON FREEDOM;

"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;