SA: DPP's job impaired by debate about the Nemer decision
ADELAIDE, Aug 1 AAP - South Australia's chief prosecutor today said his office couldn'tdo its job properly amid continuing criticism of the suspended sentence given to a manwho shot a newspaper delivery driver in the face.
In a letter to SA Attorney-General Paul Holloway, Director of Public Prosecutions PaulRofe said the debate about the sentence handed to Paul Nemer could seriously underminehis office's ability to perform its function.
The continuing debate was also undermining community confidence in the Office of theDirector of Public Prosecutions (ODPP), Mr Rofe said.
Mr Holloway immediately responded by issuing a statement today reinforcing the government'sconfidence in the ODPP.
The SA government has ordered an inquiry into why Nemer, 21, was not jailed after shootingdelivery man Geoffrey Williams in the face during his early morning rounds on August 19,2001.
Mr Williams lost an eye as a result of the shooting, which occurred after female friendsof Nemer telephoned him and claimed they were being stalked.
Nemer was initially charged with attempted murder, wounding with intent to cause grievousbodily harm and endangering life.
After plea bargaining, all but the endangered life charge were withdrawn.
Nemer pleaded guilty to that charge and last week was given a suspended jail term ofthree years and three months and ordered into a $100 three-year good behaviour bond.
Mr Rofe said the ODPP handled about 1,500 files each year and most were processed withoutcriticism.
He called for Mr Holloway to publicly support the ODPP.
"Specifically we are of the view that the current debate (about the Nemer decision)is impacting unfairly on the standing of the office and has the potential to seriouslyundermine our ability to properly perform our function," Mr Rofe said in the letter.
"We are concerned that the current debate, both because of the terms in which it isbeing conducted and the positions of the persons driving the debate, is undermining thecommunity's confidence in this office to adjudicate and prosecute our files properly andaccording to law."
Unless the government expressed its support, the ODPP "will have difficulty in thenext period of time in getting the community to accept the decisions we are currentlymaking," Mr Rofe said.
Mr Holloway today said there was "no reason to question the office's capacity becauseof one particular case".
"I want to reinforce the government's support for the team of hard working lawyerswho do an enormous amount of good work fulfilling an essential role in the delivery ofjustice," he said.
AAP la/mk/jlw
KEYWORD: NEMER
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