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CONTEMPTIBLE: DPP silent about Fairfax’s tsunami against Theo but cries foul when he protests his innocence

jeremyrapke The Victorian taxpayers pay the Director of its Office of Public Prosecutions over $6000 per week to assist the “fair and effective operation of the Victorian criminal justice system” by “offering a high quality independent prosecution service.”

The OPP’s website proclaims its vision is to “make a difference in the justice system and the wider community.”

Making a difference. How very social workerish.Mmm. We’d really just rather they’d keep the streets safe by helping send villains in jail.

Instead, increasingly we see its Director – and this phenomenon is worse in other states – playing politics and playing games.

His past antics have prompted the Chief Justice of the state’s Supreme Court to publicly rebuke the current Director Jeremy Rapke for having inappropriate private conversations with judges in an attempt to influence their decisions and behaviour. Chief Justice Warren condemned him for risking the independence and impartiality of the criminal justice system.

That’s polite talk for being stunned that he would try to nobble judges with private conversations.

Another shameful example of the DPP acting like he’s a US style District Attorney running for election and desperate to get high-profile scalps regardless of the truth played itself out yesterday when he launched an attack on MP Theo Theophanous for daring to publicly deny the charge made against him by a forty-five year old woman from Greece.

When the accuser paid out on Theo in The Age in the most outrageous and vile way last year, complete with references to body odour and other unpleasantries, the Police and Office of Public Prosecutions were silent.

When the Victoria Police – in what many see as a cruel, brutal and despicable act of intimidation and thuggery – after an eighteen month long investigation into a complaint made related to an alleged incident ten years – charged the parliamentarian on Christmas Eve, the office of Public Prosecutions was silent.

When that occasionally irritating blowhard Neil Mitchell who works for Fairfax’s Evil and Shrinking Empire that now includes 3AW attacked the accused “for a form of jury tampering” yesterday (for daring to publicly deny the charges made against him). The DPP said nothing about that very serious and highly irresponsible claim. He wouldn’t dare mess with a shock-jock for fear of being perpetually slagged. Mitchell thought it terrible Theo was putting up a public defence. He was silent about his colleague Derryn Hinch who was recently falsely accused of rape and also maintained his innocence, loudly, on his own radio show on that same station that employs Mitchell.

But when the accused put forward not much more than a denial and a series of statements complaining about the predicament he is in, that prompts the well-paid DPP to investigate whether the accused had committed a contempt of court.

Again, this is clearly designed to intimidate the parliamentarian into silence.

Silence about a case that already has many in Melbourne shaking their heads in doubt. A case we don’t yet know much about but many suspect it will boil down to a question of whether we believe the accused’s story or the accuser. A case that should cause a shiver to run down the spine of every man, especially those in positions of prominence. Every relationship in their past, even from ten years, sexual or otherwise, could be a time-bomb.

Some say – no doubt his lawyers say – the parliamentarian should be silent to remove the chance of him saying the wrong thing.

We say he’s entitled to put his side of the story, inside and outside court. Particularly when the accuser has so much to say, in the most colourful and odious terms, cloaked as she is by anonymity.

Only two people can be certain of the truth in this case.

But there’s another truth too. The truth contained in the free and frank discussion of what goes on in our community and in our legal system. And that’s worth fighting for.

And if this case goes horribly wrong for the Police and DPP, it might well also be worth fighting for people with sounder judgment in these important offices of public trust.



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  1. And of course it is no coincidence that the DPP has acted so swiftly (and told the media) and that Theo’s barrister is none other than Robert Richter QC. That’s right, the same Robert Richter that penned a column last year ripping into the DPP for his “personal conversations” with judges after hours to try to influence them.

    Make no mistake, this is personal for Rapke. He is a joke and a fraud.

    Posted by Bearded Burbler | January 28, 2009, 8:35
  2. No doubt that Rapke is determined to prop this case up, even with valed threats because he knows that a not guilty finding in this case would just about end his career.

    Posted by Anonymous | January 28, 2009, 9:37
  3. Well nailed, I don’t like this one bit. Is Theo going to be treated justly?

    Posted by justice neglected | January 28, 2009, 12:20
  4. Yep, it does seem a bit rough.

    Posted by hedgehog | January 28, 2009, 12:38
  5. RAPE-KE is a disgrace to his office.Interfering in the judicial process and now hunting down innocent politicians.He obviously sees this case as a career builder.He is despicable and should resign immediately.

    Posted by Vexed | January 28, 2009, 12:38
  6. When his term is up, that will be it for Rapke.

    Posted by Thanks for coming | January 28, 2009, 12:49
  7. Even Victoria’s most senior left Minister, Deputy Premier Hulls will not be able to promote the ‘Raptor’ to the judiciary or protect him from unemployment at the end of his contract.

    The judiciary don’t like his self aggrandizing at all and the rest of the legal fraternity think he is a loose cannon.

    Of course the people that despise him the most, are his own family. And that, my friends, is for another post, another day…

    Posted by Even Hulls won't be able to promote the Rapto to the bench! | January 28, 2009, 17:22
  8. Jenny Mikakos is promoting him though. She thinks he’s the greatest thing since sliced bread. Jenny told Rob Hulls Rapke should get the next vacancy on the Supreme Court.

    Posted by Anonymous | January 28, 2009, 20:16
  9. So the DPP won’t let me be
    Or let me be me so let me see
    They tried to shut me down at the ALP
    But it feels so EMPTY without me :D

    Posted by theo | January 28, 2009, 22:30
  10. The Departmnet of Public Prosecutors has at times acted as the Office of the Inquisitor more often then not they are used to harass and intimidate witnesses seeking a fair open and transparent hearing. I understand that John Cain Jr. may have crossed the line and unlike his father is not the voice of social justice or advocate for democracy and free speech.

    Posted by Cain Me. | January 29, 2009, 1:10
  11. where was The DPP when the papers were releasing what I thought should have been confidential police investigation snippets. Trial by media without the right of defense. Hey we can do away with the Justice system and put in its place a start chamber headed by the daily newspaper editors.

    Posted by Media Star Chamber | January 29, 2009, 1:14
  12. You expose your ignorance of media law with the opening premise of this so called news item. Contempt legislation doesn’t kick in until someone is charged. THe Aged’s original takedown was published before the charges were laid on Christmas Eve. Do you see the difference. It’s not a smear campaign against Theo. It’s the wheels of justice in motion. I thought you were a journalist, Andrew? Any real journalist would know that, surely!!!

    Posted by Anonymous | January 29, 2009, 11:46
  13. ‘bshhhhhhhooooosh ip ip ip” aaaah feel better now

    Posted by old farty man | January 29, 2009, 13:03
  14. That may be so anon but here’s the rub: a high profile case will always attract media attention both before and after charging.Making no comment allows the media “to fill” in with their own bullshit.AS IF THIS DOESN’T AFFECT ANY POTENTIAL JURORS! If Rape-ke is really serious about the case not being influenced he would ban ALL media comment. from the moment.Good on Theo for trying to gain some control over a process which has been bastardized from the start

    Posted by Vexed | January 29, 2009, 16:16
  15. ZZZZZZZZZZzzzzzzz zzzzzzzzzzzz zzzzzzzzzzzzzzzzz zzzzzzzzzzzzzzz


    Posted by old sleepy man | January 29, 2009, 19:18
  16. (burp) zzzzzzzzzz zzzz






    Posted by old sleepy man | January 29, 2009, 19:24


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