NCJ Number
200393
Date Published
March 2003
Length
95 pages
Annotation
This report by the Queensland Crime and Misconduct Commission (CMC) pertains to the Commission's investigation to determine whether or not there was any police or prosecutorial misconduct in the Volkers case, in which internationally renowned swimming coach Scott Volkers was arrested by police on charges of indecent dealing with children under the age of 16 years old, with the charges subsequently being dismissed by the Office of the Director of Public Prosecutions (ODPP) on or about June 4, 2002.
Abstract
The CMC's role was to determine whether there was any misconduct in the handling of the initial police investigation or in the processes that led to the decision by the Director of Public Prosecutions (DPP) to dismiss the charges, including any evidence of political interference. It was not the function of the Commission to form any favorable or unfavorable view of the validity of the allegations made against Mr. Volkers by the three complainants. The CMC reports that its investigation did not find any evidence of misconduct by any officer of the Queensland Police Service; however, the CMC offers some constructive criticisms regarding the training, expertise, and supervision of police officers who are responsible for the investigation of sexual offenses. At issue is whether the collection of evidence prior to the arrest was sufficient to warrant the arrest and whether or not a less intrusive notice to appear might have been more appropriate under the circumstances than a formal intrusive arrest of Mr. Volkers. Regarding the prosecution's decision to dismiss the charges against Mr. Volkers, the CMC investigation did not disclose any evidence of official misconduct on the part of any officer of the ODPP; however, the CMC did comment on the adequacy of existing guidelines and procedures for the initiation and discontinuance of the prosecution of sexual offenders by the police and the DPP. Another issue addressed in the CMC's report is the appropriateness of and the circumstances in which the publication of identifying information about a person charged with a sexual offense should be suppressed.