No police misconduct in 2003 police investigation of Dante Arthurs

CORRUPTION AND CRIME COMMISSIONMEDIA STATEMENTNo police misconduct in 2003 police investigation of Dante Arthurs11.9.09A Corruption and Crime Commission investigation has found no misconduct in thePolice investigation of the involvement of Dante Arthurs in an attack on a young girl in2003.Mr Arthurs was charged by police at the time, however, after a review of the evidencethe DPP discontinued the prosecution.Four years later, as a result of a separate incident, Arthurs was convicted of the murderof eight-year-old Sofia Rodriguez-Urrutia-Shu, in a Perth shopping centre.In a letter to the Commissioner of Police, Commissioner Len Roberts-Smith QC said thatthe Commission did not have the statutory function to comment about any possibleimpact the failure of the 2003 Police investigation may or may not have had on themurder of Miss Rodriguez-Urrutia-Shu.He said any such comment would be no more than speculation.Following the sentencing of Arthurs for the 2006 murder, the Commission commencedan investigation into the handling of the 2003 police inquiry.Mr Roberts-Smith said the Commission’s view of three allegations in regard to the 2003investigation was that: While the decision not to have Arthurs’ clothing forensically tested after he wascharged with offences against the young girl in 2003 was extremely unfortunate, itwas an honest error and there was no misconduct by the police officers involved; The internal police investigation into actions of the two detectives who conductedthe interviews with Mr Arthurs over the 2003 allegations was conductedadequately. (The two detectives had a conversation with Arthurs that wasinadvertently recorded on video. They subsequently interviewed Arthurs on videobut the DPP decided to discontinue the prosecution as it believed the secondvideo of interview was not voluntary); and

While the two detectives who conducted the video interviews with Arthurs in 2003did not engage in misconduct under the Corruption and Crime Commission Act,they had not followed police regulations.Mr Roberts-Smith said disciplinary action taken by police against the two detectives wasappropriate and no further recommendations would be made.Finally, Mr Roberts-Smith said the DPP’s decision not to prosecute Arthurs in 2003 wasreasoned and reasonable and within a proper exercise of their prosecutorial discretion.Media contact: Owen Cole 9215 4802, 0439 910 1612