Geesche Jacobsen, Crime Editor
Sydney Morning Herald, 18 April 2009
AFTER 36 days of evidence, 23 witnesses and at least a million dollars in legal costs, a retired judge has confirmed what a jury of 12 found nearly eight years ago: there is no doubt Phuong Ngo masterminded the murder of the former Cabramatta MP John Newman.
The report into the review of Ngo's conviction for the September 1994 shooting of his political rival, released yesterday, is scathing of Ngo's supporters, who had lobbied for the inquiry, and praises the work of police officers. Chief Justice Jim Spigelman, who commissioned the inquiry last year, confirmed yesterday "no further steps are to be taken". "I am satisfied the conclusions drawn … are justified and amply supported by the detailed analysis of the evidence set out in the report," he said in a statement. The outcome of the inquiry, by the former judge David Patten, means Ngo will remain in jail for the rest of his life. Mr Patten's report criticised Ngo's supporters for their "lack of objectivity", "intemperate language" and "unsupported allegations". "[The submissions by Ngo supporters] included allegations of fraud, perversion of justice, and other improper conduct against the police and prosecuting authorities without, in my view, a shred of evidence to support them," Mr Patten said. Ngo was handed a copy of the report yesterday afternoon by his former solicitor Peter Breen, who said Ngo was "extremely disappointed". Ngo responded, he said: "Nobody knows who murdered John Newman and there's not one bit of evidence linking me to that unknown person." The inquiry followed a report on the ABC's Four Corners and a submission to Justice Spigelman by the Canberra academic Hugh Selby. Mr Selby had raised concerns about the reliability of the analysis of mobile phone records, evidence by two indemnified witnesses "T" and "N", evidence about the discovery of the murder weapon and the failure by police to disclose certain evidence to Ngo's legal team. Later, the inquiry broadened its scope, and examined criticism by a former police officer, Dean Krzeminski, and allegations about the murder weapon, but decided not to pursue them after some investigation. It also heard allegations that the then Labor Party secretary John Della Bosca had offered Newman's seat to Ngo hours before the murder. But after the inquiry, Mr Patten found there was an even stronger case against Ngo than before. "Nothing in the matters raised by Mr Selby, or otherwise now available, casts doubt upon, or raises, a sense of unease or disquiet in respect of the conviction of Mr Ngo," he wrote. Ngo's friend Marion Le said yesterday she disagreed with the findings and the "disgusting vilification" of her. Mr Patten said the "difficult and complex investigation" was conducted "thoroughly and competently" by police, including the Deputy Commissioner, Nick Kaldas. "There is no evidence that Mr Kaldas, at any stage of the investigation, acted improperly or without competence and diligence, apart from the minor error he made in giving evidence earlier referred to." Mr Kaldas said the inquiry had been stressful for the police and for Mr Newman's family. The Police Commissioner, Andrew Scipione, said the report vindicated the work of police. "Police arrested and charged the right man," he said. |
