Lack of Transparency Dooms Case

A significant environmental protection case has stalled as a result of the prosecution’s summary of facts being deemed as “gobbledygook”, according to a recent Courier Mail article.

District Court Judge, Leanne Clare expressed to a pre-trial hearing that she experienced difficulty comprehending the case brought by the Crown concerning an Australian energy company. They were accused of Environmental Protection Act breaches, concerning alleged pollution caused at an experimental underground gasification plant located on the Western Downs.

District Court Judge, Leanne Clare outlined the importance of clarity in the summary of facts brought forward by the prosecution, saying:

“I had expected that the Crown would distil its case in a way that was comprehensible by a jury. I just can’t leave a case to the jury in terms that you’ve expressed so far. It’s just so broad and so long and I had struggled to understand what is actually being said. I have to go through a process of translation for myself, but it’s just gobbledygook.”

 

“The Director of Public Prosecutors has since dropped the charges against the former Linc Energy directors. Crown Prosecutor, Ralph Devin said to the court that “the Crown will not further proceed on the indictment.”

Following the decision, District Court Judge, Leanne Clare put forward a rare request. She asked Crown Prosecutor, Ralph Devin to provide reasoning for discontinuing the court proceedings, saying:

“Given the enormity of the prosecution and the cost and time, and also the impact on so many people, it calls for an explanation on the record.”

To which, Crown Prosecutor, Ralph Devin QC, outlined to the court the prosecution was no longer satisfied it could prove serious environmental harm on individual counts following the rulings concerning evidence in pre-trial hearings.

Following the incident, the Queensland Environment Minister, Meaghan Scanlon confirmed the government would be considering its course of action moving forward, remarking:

“This outcome does not detract from the fact that Linc Energy committed serious environmental harm.”

“[It was] a decision that was upheld by the courts in 2018 with the largest-ever penalty imposed of $4.5 million under Queensland law.”

So the question arises, what are the key takeaways and implications for investigators and prosecutors? As Comtrac’s Founder and CEO, Craig Doran puts it: 

“Significant time, money and resources are often deployed by Government Regulatory Agencies in undertaking investigations.”

 

“If the quality, transparency and useability of the resulting brief of evidence is not ‘fit for purpose’ (i.e. to streamline the criminal justice process) then there has been a significant failure in the evidence brief management methodology.”

The importance of delivering a high-quality, transparent brief of evidence cannot be underestimated. But with increased caseloads, tighter deadlines and more complex cases, how do investigators achieve this?

One proven method is through using a bespoke investigation, evidence and brief management system, such as Comtrac provides a custom workflow that automates administrative tasks, accelerates the investigative process and automatically creates your digital brief of evidence, evidence matrix and investigative outputs. Best practice methodology Elementising Evidence™ is built into the workflow. It intuitively progresses your investigations, ensuring you deliver an exceptional, transparent and fit for purpose brief, every time.

With just one click, you can securely share the brief of evidence with legal representatives and public prosecutors. Furthermore, it can be fully configured based on the nature and jurisdiction of your investigations.

Improve the clarity, quality and consistency of your investigations. With Comtrac, deliver exceptional briefs of evidence every time. Secure your free, no-obligation 30-minute demo now.

*According to a recent survey, our customers reported that Comtrac saves them on average 34.5% on investigation timelines.

John Kilburn

Head of Commercial and Business Strategy

As Head of Commercial and Business Strategy at Comtrac, John is responsible for developing Comtrac’s Partnerships within Public Justice, Government, Regulators and Law Enforcement in Australia and Internationally. He leads a dynamic team that advise heads of investigation, agency leaders, and transformation officers on strategies to revolutionise their digital investigative culture through rationalisation and adoption of new technology.

Following a 27-year career in Law Enforcement specialising in criminal investigations, security intelligence and counter-terrorism, a career change saw a move to commercial relationships, focusing on Digital Intelligence with agencies throughout Australia, New Zealand and the Asia Pacific Region.

With over 30 years of experience in security, public safety and intelligence industry, John is focused on long-term partnerships and guiding agencies that lead to agency growth and increased capability.

Anastasia Lihou

Head of Operations

Anastasia is a seasoned professional with over a decade of experience in operations and customer experience roles across diverse industries. Currently serving as the Head of Operations at Comtrac, Anastasia plays a pivotal role in supporting CEO Craig Doran by spearheading the implementation of strategic programs while overseeing the Professional Services and Customer Experience teams.

Since joining Comtrac in 2022, Anastasia has demonstrated her leadership and strategic planning expertise, contributing significantly to the company’s growth and success. Her extensive background in operations management has equipped her with the skills necessary to drive operational excellence and enhance customer satisfaction. Anastasia’s passion for leadership and talent development is evident through her active involvement in mentorship programs aimed at nurturing emerging professionals. Moreover, her expertise extends beyond the realm of operations, as she is also a trained graphic designer and art director. 

With a keen business acumen and a knack for innovative thinking, Anastasia continues to make strides in her career, leveraging her diverse skill set to achieve organizational objectives and foster a culture of excellence at Comtrac. She remains committed to driving sustainable growth and delivering exceptional value to both internal stakeholders and external clients.

Jason Chase

CTO

Jason joined Comtrac with over two decades of experience designing, building and managing information systems for government and private sector organisations of all shapes and sizes.

He has experience in software design, development, delivery, support, technical leadership, pre-sales support, stakeholder engagement and vendor management. Jason is a technologist at heart, and has a continuing passion for technology to drive business outcomes.

Prior to joining Comtrac, Jason worked with and lead many teams delivering software solutions for Federal, State and Local Government. He has also delivered commercial products in the audio, financial, mining and aerospace industries.

Dave Tormey

CIO/CISO

As the Chief Information Officer (CIO) at Comtrac, Dave leads the technology and data strategy for the organisation. Leveraging Dave’s experience as the former CTO at Comtrac for 9.5 years, he now oversees the organisation’s digital transformation, technology architecture, data management, cybersecurity, and compliance initiatives.

In addition to this and since assuming the role of Chief Information Security Officer (CISO) at Comtrac in January 2021, Dave has overseen the implementation of an ISO 27001-compliant Information Security Management System (ISMS) and successfully led the organisation through an IRAP assessment. This achievement has enabled Comtrac to host Australian government workloads at the PROTECTED level, solidifying its reputation as a trusted partner for both public and private sector entities. Dave’s strategic leadership and dedication to cybersecurity excellence have significantly bolstered Comtrac’s defences in the face of evolving threats.

Dave is passionate about driving digital transformation, fostering a culture of innovation, and building high-performing technology teams. His expertise spans software development, data management, cybersecurity, and strategic leadership, supported by a strong technical background.

Craig Doran

Founder & CEO

Craig Doran has over 22 years of experience in complex investigations from the Qld Police Service within the Fraud & Corporate Crime Unit, State Drug Investigation Group, Property Crime Unit and the Crime and Corruption Commission. During that period Craig received an Assistant Commissioners Certificate for conviction of an international fraud syndicate and later a Commissioners Certificate for the first ever successful dismantling and removal of an outlaw motorcycle gang from Queensland.

From 2008 to 2011, Craig led a team at the Crime and Corruption Commission, designing a digital evidence and brief management system that was quickly accepted by the Director of Public Prosecution Office and resulted in a Corporate Award for the digital transformation of briefs of evidence.

In 2016, Craig became the Founder and CEO of Comtrac. Comtrac is a digital brief of evidence application designed to streamline the criminal justice process by automating the brief of evidence through a digital and brief management methodology known as Elementising Evidence™.