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| Version 1 | Version 2 |
|---|---|
| Sydney siege inquest: DPP succeeds in keeping key documents secret – rolling report | Sydney siege inquest: DPP succeeds in keeping key documents secret – rolling report |
| (35 minutes later) | |
| 2.14pm AEST05:14 | |
| Det. Staples returns to the box | |
| Finally, we have a witness on the stand. It’s detective senior constable Melanie Staples from the NSW homicide squad. | |
| 2.11pm AEST05:11 | |
| We’ve just received the written judgment from NSW coroner Michael Barnes regarding the release of six key documents. In short: legal professional privilege has been maintained for four documents, but lifted for two; one of which we can’t report, the other we discussed here. | |
| 1.06pm AEST04:06 | 1.06pm AEST04:06 |
| A brief interlude for lunch here. Let’s recap: | A brief interlude for lunch here. Let’s recap: |
| Updated at 1.57pm AEST | |
| 12.55pm AEST03:55 | 12.55pm AEST03:55 |
| Privilege waived on some documents, but not others | Privilege waived on some documents, but not others |
| The coroner has ruled that legal professional privilege should be waived on some of the documents in question, but not others. We’re waiting on a copy of the judgment for more details. | The coroner has ruled that legal professional privilege should be waived on some of the documents in question, but not others. We’re waiting on a copy of the judgment for more details. |
| 12.40pm AEST03:40 | 12.40pm AEST03:40 |
| I’ve just obtained the submission produced by detective senior constable Melanie Staples, from the homicide squad, outlining all the reasons Man Haron Monis should have been denied bail in December 2013. | |
| Among the reasons she gave was the Monis was facing a significant custodial sentence (for being an accessory before and after a murder); that he was the “mastermind” behind the alleged murder; that he was likely to interfere with witnesses; and that he had attended the home of one of his alleged victims tailed by two bikers (in the brief period in 2013 he ran with the Rebels motorcycle gang). | Among the reasons she gave was the Monis was facing a significant custodial sentence (for being an accessory before and after a murder); that he was the “mastermind” behind the alleged murder; that he was likely to interfere with witnesses; and that he had attended the home of one of his alleged victims tailed by two bikers (in the brief period in 2013 he ran with the Rebels motorcycle gang). |
| As we heard yesterday, Staples passed this document onto the DPP solicitor running the case - but for reasons that remain a mystery, it was never passed onto the court. | As we heard yesterday, Staples passed this document onto the DPP solicitor running the case - but for reasons that remain a mystery, it was never passed onto the court. |
| Updated at 1.57pm AEST | |
| 12.22pm AEST03:22 | 12.22pm AEST03:22 |
| Inquest awaiting judgment from coroner on redacted emails | Inquest awaiting judgment from coroner on redacted emails |
| We’re still awaiting a judgment from coroner Michael Barnes on whether legal privilege should be waived on a series of email communications between the police and DPP. | We’re still awaiting a judgment from coroner Michael Barnes on whether legal privilege should be waived on a series of email communications between the police and DPP. |
| Gabrielle Bashir SC, appearing for Tori Johnson’s family, has said the emails need to be released or else the silks will be questioning key witnesses “with hands tied behind our backs”. | Gabrielle Bashir SC, appearing for Tori Johnson’s family, has said the emails need to be released or else the silks will be questioning key witnesses “with hands tied behind our backs”. |
| Updated at 12.44pm AEST | Updated at 12.44pm AEST |
| 10.54am AEST01:54 | 10.54am AEST01:54 |
| This squabbling over whether communications between the DPP and the police ought to be released to the public has taken us to the morning break. | This squabbling over whether communications between the DPP and the police ought to be released to the public has taken us to the morning break. |
| Right now those emails are marked “redacted” in the evidence made available to the media. Should that change on Thursday we will immediately bring you their contents. | Right now those emails are marked “redacted” in the evidence made available to the media. Should that change on Thursday we will immediately bring you their contents. |
| 10.22am AEST01:22 | 10.22am AEST01:22 |
| Counsel assisting, Jeremy Gormly SC, is making a submission that communications between the DPP and the police should not be subject to legal professional privilege, that is to say, kept secret. | Counsel assisting, Jeremy Gormly SC, is making a submission that communications between the DPP and the police should not be subject to legal professional privilege, that is to say, kept secret. |
| “There’s no fight over who gets a private benefit,” he says. “There is a real public benefit to all of these documents being disclosed.” | “There’s no fight over who gets a private benefit,” he says. “There is a real public benefit to all of these documents being disclosed.” |
| The communications lay out the case the police made to the DPP to challenge Monis’ bail application. The barristers for the families of Tori Johnson and Katrina Dawson - both killed in the siege - are particularly eager for this information to be made public. | The communications lay out the case the police made to the DPP to challenge Monis’ bail application. The barristers for the families of Tori Johnson and Katrina Dawson - both killed in the siege - are particularly eager for this information to be made public. |
| Gormly is saying that if the DPP choose not to waive legal professional privilege, it should “articulate a reason for adopting that position”. | Gormly is saying that if the DPP choose not to waive legal professional privilege, it should “articulate a reason for adopting that position”. |
| Updated at 10.23am AEST | Updated at 10.23am AEST |
| 10.14am AEST01:14 | 10.14am AEST01:14 |
| While we wait: | While we wait: |
| 10.14am AEST01:14 | 10.14am AEST01:14 |
| Thursday | Thursday |
| Welcome to our continuing coverage of the Sydney siege inquest. | Welcome to our continuing coverage of the Sydney siege inquest. |
| Wednesday heard explosive evidence from a senior homicide detective, Melanie Staples, who discovered that Man Haron Monis had committed at least two serious offences whilst on bail for sending offensive letters to the widows and family of deceased soldiers. | Wednesday heard explosive evidence from a senior homicide detective, Melanie Staples, who discovered that Man Haron Monis had committed at least two serious offences whilst on bail for sending offensive letters to the widows and family of deceased soldiers. |
| Ordinarily that information would have been enough to see the gunman’s liberty revoked - potentially putting him behind bars at the time of the siege last December. | Ordinarily that information would have been enough to see the gunman’s liberty revoked - potentially putting him behind bars at the time of the siege last December. |
| Staples passed this information to a solicitor from the office of the Director of Public Prosecutions - but it was never presented to the court. (Not then, nor on two subsequent court appearances.) | Staples passed this information to a solicitor from the office of the Director of Public Prosecutions - but it was never presented to the court. (Not then, nor on two subsequent court appearances.) |
| Why not? And would it have made a difference? Those are some of the questions we’re hoping to answer in Thursday’s hearing. | Why not? And would it have made a difference? Those are some of the questions we’re hoping to answer in Thursday’s hearing. |
| It kicks off shortly. | It kicks off shortly. |