Note: this article includes discussion of sexual assault and suicide.
We’ll likely never know what happened to Kate, the woman who accused Minister for Industry Christian Porter of a historical rape, on the night of the alleged assault.
Kate killed herself last year, and many attempts to reveal any extra information have been shut down through defamation and other proceedings.
Porter strenuously denies the allegations against him.
There are currently three options for information on the table: a coronial inquest into Kate’s death to show what happened in the lead-up to her death; the release of unredacted documents from the ABC defamation case, brought to court by media outlets including News Corp; and a senate inquiry into Porter, as Senator Jacqui Lambie is filing for today, to show whether Porter is a fit and proper person to hold a ministerial role.
What could the coroner’s court find?
A coroner’s court can be much more wide-ranging in its investigations and findings than other courts because it’s not bound by the rules of evidence, criminal law expert and associate professor at the University of Wollongong Julia Quilter told Crikey.
It can also offer a certificate of immunity to protect people they disclose potentially criminal offences.
“Unlike the adversarial system, the coronial system is an inquisitorial system so it can actually go quite outside what we might see in a courtroom,” she said.
A coroner’s role is to investigate the manner and cause of a person’s death. How broad their inquiry is can be curbed by submissions from relevant parties, though their findings can usually be summed up in two sentences.
“The benefit of a coronial inquest is that the coroner has the power to make recommendations,” Quilter said.
“If there’s anything systemic to change from a practising, operational or even a legislative point of view, it can be put into policy by the other bodies that may have control over those particular areas.”
Kate was allegedly assaulted in NSW, but lived in SA at the time of her death. In the weeks before her death, she checked herself into a Melbourne psychiatric clinic and was released during COVID-19 restrictions to, as friends told Crikey, a limited support network.
The court could, for example, make recommendations on how police handle complaints from victims interstate, or make new recommendations based on the pandemic for those released from psychiatric hospitals.
The coroner’s court can also compel people to appear, University of South Australia Emeritus Professor of Law and Criminal Justice Rick Sarre told Crikey.
But, he said, the chances of this happening seemed low: “The chance [SA coroner David Whittle] would actually compel anyone to come along and give evidence into the death of this young woman … and the chance of Porter turning up to a Senate inquiry are zilch.”
Sarre was less certain the court would provide recommendations or answers for Kate’s friends and family. “It’s more likely that [the coroner] will simply make a finding that the young woman killed herself and not actually go into any of the reasons,” he said.
“[If it did] that would set a precedent for every suicide to start investigating reasons.”
A spokesperson for the SA coroner’s court told Crikey the investigation is continuing.
Could parliament provide answers?
Last week, Greens Senator Larissa Waters’ bill to set up an inquiry into Porter’s suitability to be minister was blocked by the government before it could be debated.
Lambie is trying a slightly different tack, focusing on the Prime Minister’s 2018 Statement of Ministerial Standards 2018, which states: “[Ministers] will be required to answer for the consequences of their decisions and actions” and they “must ensure that … their conduct in a private capacity upholds the laws of Australia, and demonstrates appropriately high standards of personal integrity”.
Sarre said the senate inquiry could pose questions and make recommendations, but importantly wasn’t a court: It can’t compel people to show up.
“A senate inquiry is typically just that, an inquiry, taking on all the matters and then making recommendations.”
So far, parliament has been pretty poor in giving us answers. The closest it came was when the ABC was questioned during senate estimates about the defamation case launched by Porter. It was settled with the ABC paying $100,000 to cover Porter’s mediation costs and adding an editorial note to the story. Many of the court documents were released heavily redacted.
If you or someone you know is impacted by sexual assault or violence, call 1800RESPECT on 1800 737 732 or visit1800RESPECT.org.au.
For anyone seeking help regarding suicide, depression or mental illness,Lifeline is on 13 11 14 and Beyond Blue is 1300 22 4636.
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