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« Politics and law | Main | Rewriting history »
Thursday
Mar312011

Speculation mounts at Vic prosecutions

Gavin Silbert's masterly prosecution in the Freeman case ... Trouble still brewing back at OPP HQ ... Report into the Karamicov affair pending ... Judge steamed-up over prosecutor's Court of Appeal appearance ... More from Peach Melba 

It's been a big few days for the Office of Public Prosecutions here in Underbelly City, with a major victory for their prosecution team in the Freeman case.

This was among the most notorious crimes in Melbourne's recent memory. The jury engaged in one of the longest deliberations in Victorian legal history, eventually finding Arthur Freeman guilty of murdering his daughter Darcey by throwing her off the Westgate Bridge. 

Credit inevitably will go to Gavin Silbert SC, chief crown prosecutor.

Meanwhile back at the office, as the razor sharp legal minds amongst us know or, indeed, even the butter knives of the set, things haven't been going well for the director, Jeremy Rapke QC. 

Rapke has been attracting attention for his curious decision last year to recommend the promotion of Diana Karamicov, a relatively junior solicitor to the position of associate crown prosecutor.

Silbert: refused Hulls' job offerAfter only six years in the office, where she arrived shortly after graduating, it seems Ms Karamicov is sitting on a salary of $140,000 per annum - enough to tempt even the most ambitious M & A associate to a life of public service.

There has been little short of an uproar in the OPP, and things only seem to be getting worse.  

There are various theories about the underlying motives for the promotion, all of which are far too lowbrow to discuss in this family organ.

Word on the grapevine is that the recently departed Victorian Government Solicitor, John Cain, defended Rapke in the wake of the crisis, pointing to his promotion of women in the profession.

In a development that conceivably could puzzle Cain, women lawyers have not been in a rush to come to the defence of Rapke.

Silbert has been openly critical of Rapke on this issue, penning a letter outlining his concerns to the then attorney general, Rob (F#@*#%) Hulls.

Rapke fired back with his own letter, which makes for painful reading.

In a classic Hullsian manoeuvre, demonstrating at once his both bullish and denialist approach to these sorts of problems, the attorney general as-he-then-was tried to appease the situation by offering Silbert SC a comfortable future on the County Court bench.

Silbert refused. 

Rapke: report pendingRapke got himself into more trouble last week, this time from the bench.

In a curt little exchange between an unnamed judge and a crown prosecutor, HH questioned why the prosecutor could not appear before him next day.

The prosecutor had indicated to the judge that he was due in the Court of Appeal in a landmark case involving an argument for longer sentences for rape - an issue in which the Director has long been interested.

The prosecutor went on to explain that he was required in the Court of Appeal because Rapke had apparently "refused" to appear.

When steam began appearing from the ears of the judge, the prosecutor attempted to avoid further embarrassment, saying: "I know what your Honour is thinking and it would be better if your Honour didn't say it." 

Rapke's time at the helm may be nearing the end. The confident new attorney general, Robert Clark, has set up an inquiry into the Karamicov affair, headed by former Supremo Frank Vincent.

His report is due any moment and the successes of Silbert SC may mean that the AG need not look far for a replacement.

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