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Tom Percy QC ‘can’t see how a Porter inquiry could happen’

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Article image for Tom Percy QC ‘can’t see how a Porter inquiry could happen’

In a press conference held this afternoon, Attorney General Christian Porter said he “categorically denies” any allegation he raped a 16-year-old in 1988, when he was 17.

The allegation has sparked calls from Labor and the Greens for an independent inquiry to take place.

Mr. Porter said it was for other people to decide if an independent inquiry should happen, but also said “I don’t know what it would achieve.”

The woman who made the allegation took her own life last year and NSW police said this week there was “insufficient admissible evidence” to proceed with an investigation.

No charges were ever laid against Mr. Porter.

Tom Percy QC spoke to Oliver Peterson about the legal possibility of an inquiry, given the alleged victim is now deceased.

“Well I can’t really see how they could have one at all, because firstly the starting point is that there needs to be an allegation and someone to make the allegation, and we don’t have one of those unfortunately, probably have a written document somewhere but that’s it.”

Mr. Percy explained in this case there was no one to cross-examine, and test the veracity of the allegations.

“In every other form of inquiry we have, we have people we can put up as witnesses, people who can cross-examine them, and a tribunal of fact who can come to a conclusion as to whether there might be any substance in it… we lack all of those things.”

“So I can’t really see how there could be any independent inquiry which would mean anything.”

Click PLAY to listen. 

Photo credit: Trevor Collens

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