Labor

PUNISH THE PERJURER: Theo’s false accuser ought be brought to justice

This week, The Australian reported that there is a serious push to prosecute Theo Theophanous’s false accuser for perjury after her concocted lies about the former Victorian cabinet minister were condemned as fabrications by a Victorian magistrate and thrown out of court.

The female accuser, who still cannot be named for legal reasons, is an unmarried forty-five year old graduate of La Trobe University and principally lives in a small village in rural Greece with her parents and brother, repeatedly lied on oath to Victoria Police and the court.

INDECENT LIAISON
Scandalously, she enjoyed a close association with Age journalist Carolyn Webb, forming an intimate long-distance friendship with the reporter who eventually detailed her false claims in the newspaper. Webb even flew over to Greece at her own expense to pursue their relationship, enjoying the accuser’s hospitality and getting to know her family. An indecent liaison indeed.

Webb did not disclose her close personal association with the false accuser in her front-page report in The Age that falsely accused the cabinet minister of rape. Readers were left to assume it was a normal story, reported in a normal professional way by a dispassionate reporter (at least by the standards that prevail at the Spencer Street newspaper).

If Webb’s chum is charged with perjury, she would be extradited from Greece and tried in a Victorian court. The maximum penalty the perjurer would face, if convicted, would be fifteen years imprisonment in a Victorian women’s prison.

Legal experts have told VEXNEWS that other parties involved in suborning or encouraging perjury could also potentially face a similar custodial penalty.

Aside from her own direct lies, she encouraged several others to lie to the authorities about events surrounding the invented incident. It appears others were encouraging her to lie too. Clearly it would be appropriate to scrutinise Ms Webb’s role in this scandal.

The Australian reported earlier this week on the moves to bring the dangerous woman to justice before she tries to ruin more reputations with more bogus sworn claims.

JUSTICE SYSTEM UNDERMINED BY PERJURY
And aside from this dangerous liar, there is a clearly a need for authorities to strongly deter future atrocities of this nature. If this perjury case remains unprosecuted, it will be clear that prospective fabricators of serious crimes will have nothing to lose and enormous vengeance to reap from advancing their falsehoods.

It’s a state of affairs that could be much to undermine faith in the administration of justice in the state of Victoria.

Theo’s had his victory, albeit an incredibly expensive one in political and other terms. But there’s a whole system of justice and democracy that needs to be protected from the legal and political equivalent of pyromaniacs. Never mind the targets, we’re all the victims of this perversion of justice.

It’s time for justice, Michele Williams and Jeremy Rapke have no choice but act quickly to protect the good name of the Office of Public Prosecutions. The controversial cop who pursued the Theophanous case and is mostly responsible for it getting to court, Sergeant Doug Smith should also be seen to take decisive action on the accuser’s perjury too, lest the community be left with the conclusion that he is unable to discharge his duties in an honest, impartial and unbiased way, as he is sworn to do.

There’d be no need to charge the perjurer on Christmas Eve though.

Perjury probe in rape case urged
By Rick Wallace, Victorian political reporter 21 SEP 2009, Page 005

THEO Theophanous has urged the director of public prosecutions to initiate a perjury investigation into his accuser and several witnesses, while applauding the director’s move to formally abandon the discredited rape case against him.

The former Victorian industry minister was cleared of decade-old rape charges when the case against him was thrown out by a judge at a committal hearing.

However, the DPP, Jeremy Rapke QC, advised last week that he would not be pursuing the case, which was condemned as “inherently weak” by magistrate Peter Reardon at the committal hearing.

“I wish to thank the DPP, Jeremy Rapke, for his decision, which is in line with Magistrate Reardon’s finding that I have no case to answer,” Mr Theophanous said.

Mr Theophanous, who had his ministerial career prematurely ended by claims he has now been fully cleared of, said he was saddened by what had happened.

“I have learned first-hand the uncomfortable truth that there are people in the community that are prepared to lie and make false allegations for their own benefit irrespective of the damage they cause,” (Theophanous) said.

“I have learned first-hand the uncomfortable truth that there are people in the community that are prepared to lie and make false allegations for their own benefit irrespective of the damage they cause,” he said.

“I have also learned that while it is important to treat women gently and with respect when they make these kinds of allegations, this does not mean that we should just accept, without thorough investigation, that what they say is true.”

Had the case not arisen he would have remained in the ministry until at least the next election. Instead, he was effectively forced to step down from the cabinet when he was charged, and resigned from parliament after he was cleared.

Magistrate Reardon found the woman, who claimed Mr Theophanous raped her in his parliament house office in 1998, “was an entirely unreliable witness in so many aspects of her evidence” and that “possible coercion was placed on witnesses to support the complainant”.

He found two of her supporters’ evidence was “entirely unreliable and most likely untrue in many significant aspects” and the case lacked “credibility, reliability and truthfulness”.

Mr Theophanous — who has launched a civil suit against his accuser in Greece, where she resides — is now keen to see a perjury investigation.

“Police have informed me that they require a referral from the DPP to investigate further the magistrate’s findings that the woman and other witnesses had `manufactured’ and `concocted’ evidence,” he said.

“Given that the DPP has now dropped the case against me, I believe he should consider referring such matters for investigation by police.

“If our processes for weeding out false from true allegations improve as a result of what happened to me and my family then perhaps some good will come of it.”

© 2009 VEXNEWS 2010©.