The Advertiser: Rofe wanted end to ambushes [15jun05] by Nigel Hunt
FORMER director of public prosecutions Paul Rofe, QC, unsuccessfully asked the previous state government to legislate to stop defence lawyers ambushing prosecutors with last-minute expert evidence in criminal trials, the Kapunda Road Royal Commission has heard. Mr Rofe yesterday testified he had put a submission on the topic to then attorney-general Trevor Griffin in 2000, but his request was declined.

Mr Rofe said the practice, referred to as “ambushing” in legal circles, was an issue that had arisen while he was DPP and while a prosecutor prior to that. ” . . it did cause some difficulty for the prosecution if expert evidence was introduced without notice,” he said. Mr Rofe said he had then put his submission to the Criminal Courts Committee, chaired by Supreme Court Justice Kevin Duggan, which has recently presented a report to Attorney-General Michael Atkinson.

Mr Rofe also confirmed he had said to cyclist Ian Humphrey’s wife, Di Gilcrist, that he believed police could have used the Criminal Law (Forensic Procedures) Act to obtain a blood sample from Eugene McGee on the night he killed Mr Humphrey.

“It was my view at that time . . . the Act could have been used to obtain a blood sample for alcohol testing,” Mr Rofe said.

Asked by commissioner Greg James, QC, if that was still his view, Mr Rofe replied: “No, it is not.” He also said it was “now arguable” that it may not have been available to police.