Case delayed by late NSWPF document production to be heard by Inquiry

Jul 5, 2023

On 7 July 2023, Counsel Assisting will present, in a public proceeding of the Special Commission of Inquiry into LGBTIQ hate crimes, another documentary tender case.

The case which will be the subject of the proceeding is Robert Malcolm, whose death was previously considered by the NSW Police Force in Strike Force Parrabell.

This case, originally to take place last month, was rescheduled after the late production of records relating to the matter by NSWPF.

At this hearing, a comprehensive set of the evidentiary material relevant to this case will be tendered, accompanied by written and oral submissions by Counsel Assisting. The material to be tendered will include:

  • documents relating to the circumstances of the death;
  • documents relating to previous investigations of that death, whether by the NSW Police Force or the Coroner;
  • documents relating to the nature and extent of the investigative and other steps which have been taken by this Inquiry in relation to that death, and the results and conclusions flowing from the completion of those steps;
  • any statement which a family member may choose to make to the Inquiry.

The submission of Counsel Assisting will include a recommendation as to the finding which the Commissioner should make as to the manner and cause of death.

The public proceeding will commence at 10am on 7 July 2023 at the Chief Secretary’s Building, Level 2, 121 Macquarie Street, Sydney. It is open to the public and will be livestreamed via the Inquiry’s website.

The Honourable Justice John Sackar will preside at the hearing. Counsel Assisting the Inquiry will be Christine Melis.

Journalists wishing to cover the hearing should notify the Inquiry’s media team to ensure access to the media room and/or relevant information including schedules and transcripts.

Further individual cases will be the subject of public proceedings of this kind in the coming months. Notification of such proceedings will be provided on the website.

All inquiries regarding this hearing should be directed to [email protected]