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Legislative Assembly for the ACT: 2001 Week 1 Hansard (13 February) . . Page.. 38 ..


MR HUMPHRIES (continuing):

My view is that, if technically the Smethurst inquiry is dormant rather than non-existent, it should not in fact be revived or renewed at this stage. I do not believe that there are any issues that have not been dealt with comprehensively by the coroner.

Mr Stanhope: A lot of people did not give evidence. A lot of people did not speak.

MR HUMPHRIES: To answer the interjection from Mr Stanhope, that would not be because they did not have the appropriate opportunity, in the coroner's dealing with those issues, to do so. If Mr Kaine or any other member has information that he or she feels contributes to the picture on that matter that has not been properly considered before the coroner, I would be very happy to consider the question of whether there should be some further inquiry.

Mr Speaker, I think the comprehensive nature of the coroner's report and the process he used to produce that report obviates the need to go back and have another inquiry under a different piece of legislation.

MR KAINE: I ask a supplementary question. It is clear that in the minds of many people in this community there are a lot of issues that have not been resolved. It does not say anything about the comprehensiveness or otherwise of the coroner's report. It flows from the fact that the DPP has decided not to proceed with criminal charges. Because there is great public concern about the many unresolved questions and a concern that those questions will not ever be resolved, I ask the Chief Minister whether he will immediately reconstitute the inquiry in order to get to the truth of these matters so there is no longer any doubt in the minds of many members of the public about these very important issues.

MR HUMPHRIES: Mr Kaine's question presupposes that having a further inquiry which, for argument's sake, could come to the same conclusions as the coroner reached would put at rest the minds he referred to that are not satisfied with the outcome of the coroner's inquest. I doubt that would be the case, to be quite frank. There are probably still people today who would want an inquiry into whether Elvis Presley was dead, because they do not believe he is, and no amount of inquiries would satisfy them on that score.

I do not want to be flippant, but I think it is important to emphasise the fact that a process has been used which is very comprehensive. If there is some flaw or problem with that process, we should identify it. We should not respond to the fact that there are some people who assert that the inquiry was inadequate or assert that other information was available which was not examined, or whatever it might be.

The territory has only a limited amount of money. The territory has spent a very large amount of money on that process, and I do not think I can, in all conscience, promise a further inquiry when I have no information about any further matters that could come before that inquiry which were not before the last inquiry and when I could not indicate how that would help satisfy the minds of some people who may never be satisfied on the issues that were before that inquest.


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