VICTORIA'S criminal justice system is in turmoil after the state government announced a radical shake-up of the Office of Public Prosecutions, on top of the review of the police force command structure.
In a damning assessment, Attorney-General Robert Clark said the office - responsible for prosecuting serious criminal cases - lacked transparency, had no clear chain of command, and was being hampered by controversy, low morale and a ''deficient'' 17-year-old structure.
''It is essential that these offices are operating at the highest possible standards of effectiveness in conducting prosecutions and appeals,'' Mr Clark said. ''The controversies and difficulties that have developed in recent times have seriously affected the morale and functioning of Victoria's public prosecution offices.''
The comments follow the resignation of the Director of Public Prosecutions Jeremy Rapke, QC, on Friday, after a damning report found he made an ''error of judgment'' recommending the appointment of relatively junior lawyer Diana Karamicov, and two other lawyers, to plum jobs as associate Crown prosecutors. Mr Rapke has denied any sexual relationship with Ms Karamicov. The OPP shake-up follows the announcement earlier this month of a special inquiry into Victoria Police senior command, headed by Jack Rush, QC, to examine a series of bungles, the overall structure, and controversy surrounding police chief Simon Overland.
The Ombudsman is also investigating the management of Victoria Police statistics and the circumstances surrounding the death of gangster Carl Williams, including the role of Corrections Victoria.
The parallel reviews mean the bulk of Victoria's criminal justice and policing systems are being reviewed.
Mr Clark said the government would be consulting widely to correct deficiencies in the Public Prosecutions Act, which was last overhauled by former premier Jeff Kennett in 1994. It is particularly worried about an unclear chain of command between the Director of Public Prosecutions, the solicitor of public prosecutions and the Chief Crown Prosecutor.
The most likely outcome is that the role of the director - who under the current structure has only one staff member - is extended to include management responsibilities, in addition to traditional responsibilities for prosecution decisions. Seven weeks after retired Supreme Court judge Frank Vincent, QC, completed his report on the bitter dispute involving Mr Rapke, shadow attorney-general Martin Pakula said findings must be made public to determine whether Victoria's most senior barrister had been made to ''walk the plank''.
Mr Pakula also suggested the government was using the same tactics to pressure Mr Overland from office as it applied to Mr Rapke.
''There are a lot of parallels between what's occurred with the DPP and what may occur with the Chief Commissioner,'' Mr Pakula said. ''I think it's fair to say the Chief Commissioner would be watching these events with interest and probably a degree of nervousness.''
But Mr Clark said any suggestion of a link between the approaches applied to Mr Overland and Mr Rapke was ''absurd''. ''Mr Pakula should have been out there this morning apologising for what Labor had done and failed to in relation to allowing this problem to continue while they were in government,'' he said. ''These issues are completely unrelated.''
In his resignation letter to Mr Clark, Mr Rapke said he believed the structure of the office did not meet the needs of Victoria's over-burdened criminal justice system, saying he was resigning to give the government a ''completely free hand'' to introduce reforms.
In a damning assessment, Attorney-General Robert Clark said the office - responsible for prosecuting serious criminal cases - lacked transparency, had no clear chain of command, and was being hampered by controversy, low morale and a ''deficient'' 17-year-old structure.
''It is essential that these offices are operating at the highest possible standards of effectiveness in conducting prosecutions and appeals,'' Mr Clark said. ''The controversies and difficulties that have developed in recent times have seriously affected the morale and functioning of Victoria's public prosecution offices.''
The comments follow the resignation of the Director of Public Prosecutions Jeremy Rapke, QC, on Friday, after a damning report found he made an ''error of judgment'' recommending the appointment of relatively junior lawyer Diana Karamicov, and two other lawyers, to plum jobs as associate Crown prosecutors. Mr Rapke has denied any sexual relationship with Ms Karamicov. The OPP shake-up follows the announcement earlier this month of a special inquiry into Victoria Police senior command, headed by Jack Rush, QC, to examine a series of bungles, the overall structure, and controversy surrounding police chief Simon Overland.
The Ombudsman is also investigating the management of Victoria Police statistics and the circumstances surrounding the death of gangster Carl Williams, including the role of Corrections Victoria.
The parallel reviews mean the bulk of Victoria's criminal justice and policing systems are being reviewed.
Mr Clark said the government would be consulting widely to correct deficiencies in the Public Prosecutions Act, which was last overhauled by former premier Jeff Kennett in 1994. It is particularly worried about an unclear chain of command between the Director of Public Prosecutions, the solicitor of public prosecutions and the Chief Crown Prosecutor.
The most likely outcome is that the role of the director - who under the current structure has only one staff member - is extended to include management responsibilities, in addition to traditional responsibilities for prosecution decisions. Seven weeks after retired Supreme Court judge Frank Vincent, QC, completed his report on the bitter dispute involving Mr Rapke, shadow attorney-general Martin Pakula said findings must be made public to determine whether Victoria's most senior barrister had been made to ''walk the plank''.
Mr Pakula also suggested the government was using the same tactics to pressure Mr Overland from office as it applied to Mr Rapke.
''There are a lot of parallels between what's occurred with the DPP and what may occur with the Chief Commissioner,'' Mr Pakula said. ''I think it's fair to say the Chief Commissioner would be watching these events with interest and probably a degree of nervousness.''
In his resignation letter to Mr Clark, Mr Rapke said he believed the structure of the office did not meet the needs of Victoria's over-burdened criminal justice system, saying he was resigning to give the government a ''completely free hand'' to introduce reforms.
