FED:AFP legal advice on basis of scant info

AAP General News (Australia)
04-07-2011
FED:AFP legal advice on basis of scant info

CANBERRA, April 7 AAP - Scant information provided by defence led federal police to
advise initially that no offence was committed in the defence cadet sex scandal.

Australian Federal Police commissioner Tony Negus said the original information provided
by defence to police related to a very bare set of circumstances.

"That advice that was provided by defence didn't really fully comprehend the magnitude
of what we now know to be the case," he told reporters.

Mr Negus said AFP officers were continuing to investigate the case in which a male
cadet at the Australian Defence Force Academy filmed himself having sex with the 18-year-old
fellow cadet, streaming the vision to six other cadets in another room.

Defence sought advice from the AFP and was initially advised it did not appear any
offences had been committed.

Mr Negus said defence conducted some original inquiries and some preliminary legal
advice was provided on the basis of that information.

"But then again the circumstances came out more fully later on," he said.

Asked if he thought this was intentional, Mr Negus replied: "No, there was preliminary
advice sought on a particular question, that advice was provided and the circumstances
then grew from there."

Mr Negus said until all witnesses had been interviewed and all evidence examined, it
could not be determined what offences may or may not have been committed.

"So it's very much premature to say no offence have been committed," he said.

"That is being examined as we speak with the Director of Public Prosecutions and our
legal staff."

Mr Negus said whether an offence had been committed would depend on a range of circumstances,
such as whether the imagery was transmitted across a telecommunications device.

"Until we speak to all of the people concerned, I am not prepared to say whether there
is or is not an offence being committed under ACT legislation," he said.

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KEYWORD: CADET AFP

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