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Quashed CCC convictions unlikely: Barnett

The CCC Act needs a re-write, WA's premier says, after a Broome policeman successfully challenged the corruption watchdog's right to prosecute him.

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Source: AAP


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WA's Corruption and Crime Commission won't be retrospectively granted authority to undertake prosecutions after a recent court ruling cast doubt on the validity of more than 80 convictions.

A police officer who was charged with assaulting two men in the Broome lock-up in 2013 recently successfully challenged the CCC's legal right to prosecute him, making the proceedings unlawful.

The precedent may leave almost 90 other CCC prosecutions open to challenge, although Attorney-General Michael Mischin says he expects the strength of those cases mean they will stand.

WA Premier Colin Barnett said on Sunday he would be reluctant to push through urgent retrospective legislation to shore up those cases.

"My understanding from the CCC commissioner is most of those convictions, perhaps even all of them, would stand on the evidence that was presented," Mr Barnett told reporters.

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"I don't think there's going to be a quashing of those convictions."

Mr Barnett also says the CCC probably shouldn't have prosecutorial powers, limiting it to investigations.

"There are some flaws in the CCC legislation as it was originally drafted and if this government is re-elected, we would look at a rewrite," he said.

"We do need a body like the CCC to deal with corruption and integrity within government and the dealings of business and other groups with government.

"So the future of the CCC is not in doubt but the legislation as it was drafted seems to have so many checks and balances, it is confusing.

"The CCC is not in any sort of danger or facing some major overhaul but simply a rethink that is overdue."

Former WA premier Brian Burke has already flagged he may take action in relation to the $1.4 million to $2 million he said he spent defending CCC charges.


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