Inquiry looks at Rapke furore

The office was embroiled in an internal showdown last year when staff were outraged by Mr Rapke's nomination of relatively inexperienced solicitor Diana Karamicov for a lucrative promotion.

Senior prosecutors were furious, with Mr Rapke falling out with chief Crown prosecutor Gavin Silbert, SC, who was reportedly disappointed by the lack of due process.

Mr Rapke had a close working relationship with Ms Karamicov but denied they had a sexual relationship.

The Age revealed in October that the former Labor government had ordered crisis talks between Mr Rapke, who accused staff of being disloyal, and Mr Silbert and the solicitor for the Office of Public Prosecutions, Craig Hyland.

Attorney-General Robert Clark said yesterday the Coalition government had appointed retired Supreme Court judge Frank Vincent, QC, to inquire into the running of the offices of the DPP, chief Crown prosecutor, Crown prosecutors and associate Crown prosecutors as well as the office of the solicitor for public prosecutions and his staff.

The investigation will be run along similar lines to that of Mr Vincent's report on the DNA contamination case involving Farah Jama. Mr Jama was wrongly jailed for sexual assault because of bungled DNA samples.

The independent investigation will not compel people to give evidence, nor will people be under oath for the inquiry.

Government figures said they were unconcerned about this and were confident that most people involved would speak to Mr Vincent.

The inquiry does not include any public hearings.

Mr Vincent is to deliver a report, with recommendations, to state cabinet by March. The government would not commit to making all of the report public.

Mr Rapke said yesterday he had only just been notified of the inquiry and needed time before making any comment.

Mr Clark said the inquiry would focus on the effective functioning of the office and called on Mr Rapke and Mr Silbert to provide their full co-operation. "It is vital that this office is operating at the highest possible standards of effectiveness in conducting prosecutions and appeals and in securing appropriate sentences for convicted offenders," he said.

Mr Rapke has campaigned for tougher sentences. The Coalition, while in opposition, was highly critical of what it perceived as lenient sentencing and since winning office has introduced legislation setting minimum sentences for serious crimes such as assault and rape.

The inquiry fulfils an election pledge after Mr Clark called on the Labor government to hold an independent inquiry to investigate the "intolerable" situation involving Mr Rapke.

Mr Vincent would not comment yesterday.

Victorian bar chairman Mark Moshinsky, SC, welcomed the inquiry, saying serious issues required examination.

"The public controversy has been a distraction to the main issue of ensuring that Victoria has an effective public prosecutions service, and we look forward to the outcome of the inquiry," Mr Moshinsky said.

"It's healthy to regularly look at all elements of our legal system to ensure it's working effectively to serve justice and the community."

Shadow attorney-general Martin Pakula said the operation and independence of the Office of Public Prosecutions should not be undermined by an inquiry.

"Everybody remembers when the Coalition was last in government, when it hounded the DPP from office," Mr Pakula said. "And, in line with the commitment to be open and transparent, the Attorney-General should immediately commit to release the report in full publicly as soon as its completed."

Mr Pakula said the fact that people were not compelled to give evidence or go under oath "makes you wonder whether if this is not just a stunt from the no-spin government".