Fiannaca's Earlier Disgrace
Senior prosecutor denies 'stifling' Mallard appeal
Posted ABC
Prosecutor Bruno Fiannaca has denied trying to stifle Andrew Mallard's murder appeal. (ABC)
A senior prosecutor who contested Andrew Mallard's first attempt to appeal against his murder conviction has denied deliberately stifling efforts by the defence to subpoena material which cast doubt on Mr Mallard's guilt.
Bruno Fiannaca is giving evidence to a Corruption and Crime Commission Inquiry, which is investigating Mr Mallard's wrongful conviction for the 1994 murder of Pamela Lawrence.
The inquiry has heard that in 2002 Mr Fiannaca was asked by the Director of Public Prosecutions Robert Cock to consider a petition to launch an appeal from Mr Mallard's legal team.
Mr Fiannaca said although several aspects of the case had not been disclosed to the jury at trial he advised Mr Cock to oppose the appeal.
He said he was inundated with subpoena requests from Mr Mallard's legal team and at times found their actions unreasonable, but he denied trying to stop their attempts to find information which would have cast doubt over Mr Mallard's guilt.
The inquiry has been shown a report sent to Mr Fiannaca from a British forensic expert confirming that despite the prosecution case at trial, a spanner drawn by Mr Mallard could not have been used to kill Mrs Lawrence.
The report was not provided to Mr Mallard's lawyers until six months after it was written, but Mr Fiannaca has denied "sitting on it", saying he needed to clarify some things and it was always his intention to disclose it.
"Pigs might fly?"
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