Just hours before the opening of the 2012 State Parliament, local MP Mick Atkinson has lobbed a hand grenade into the laps of his Labor Unity colleagues, calling for the ALP caucus to censure the Attorney General John Rau.The motion before Caucus will also seek to obtain a Cabinet ruling to direct the Attorney General to take further action against hit run lawyer Eugene McGee.
Mr Rau replaced Mr Atkinson in the prestigious position after the 2010 state election.
Atkinson was reported in todays Advertiser as saying that John Rau has:
“"... chosen in a personal decision, not a Cabinet decision or a Government decision ... not to refer the Eugene McGee charge to the Tribunal. “
Former Labour Attorney General Mr L G King, in paper published in the Australian Law Journal 2000 stated:
"If Cabinet were to attempt to mandate a prosecution ..lacking legal merit, the Attorney General should refuse to comply and, if Cabinet insisted, should resign rather than comply"
“lacking legal merit” is the crucial issue, and on that point the Attorney General Mr Rau is duty bound to make a “personal” decision.
Resident “D”
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