Volkers judged to be 'thoroughly disreputable'
Hedley Thomas, Sean Parnell and Steven Wardill
28may04
THE NSW Director of Public Prosecutions had agreed with the dropping of charges against swimming coach Scott Volkers despite forming an inescapable conclusion from the brief of evidence that he was a "thoroughly disreputable man given to inappropriate touching and comments towards swimmers in his charge".
The NSW DPP had also considered statements from Mr Volkers' stepbrother that he had seen Mr Volkers massaging the breasts of girls at his home.
The NSW DPP, Nicholas Cowdery QC, said yesterday he had not personally written all of the advice given to Queensland DPP Leanne Clare, supporting its decision to discontinue charges against Mr Volkers.
But he did not dispute the substance of published reasons from his office, which were delivered with his personal recommendation.
That advice, including comments that it was not credible for a young girl to experience orgasm when being sexually assaulted, has been widely criticised by experts in the field of child abuse.
Despite calls by child welfare groups and the State Opposition that the matter be reopened, Premier Peter Beattie said the Government would not interfere.
Mr Beattie warned of "terrifying ramifications" should he ask the DPP to re-examine the allegations against Mr Volkers.
Mr Beattie said he had immediately sought Crown Law advice about the State Government's position following publication of the NSW advice in The Courier-Mail yesterday.
Crown Solicitor Conrad Lohe found the Government was not obliged to respond to the revelations and only police could reopen the case.
"One of the hallmarks of our democracy is who's charged before the courts is not a political decision," Mr Beattie said.
"I am totally opposed to any eroding of that and I know some people in some cases would like there to be political interference but that's the way the Mugabe dictatorship operates in Zimbabwe," he said.
Opposition Deputy Leader Jeff Seeney called on Attorney-General Rod Welford to invoke rarely used powers to initiate proceedings against Mr Volkers.
"It appears from the information that has been made public that there have been issues decided behind closed door which could arguably have been decided before a jury," Mr Seeney said.
"The Attorney-General has a responsibility in his role to have a look at the whole issue now and consider how that issue is going to be handled in a way that will restore the public confidence in the justice system," he said.
Attorney-General Rod Welford described the Opposition's call for him to use the ex-officio powers as "unprecedented and dangerous".
He said he was not aware of any basis upon which it would be appropriate for him to intervene.
"This matter has been independently scrutinised by the Queensland DPP and the NSW DPP in the manner contemplated by the DPP Act and the published prosecution policy," Mr Welford said.
"Given these circumstances, ad hoc intervention by an Attorney-General would be unprecedented and dangerous."
