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Former top cop not guilty in perjury case

By Sarah Farnsworth

Posted February 9, 2010 10:38:00
Updated February 9, 2010 12:11:00

The court was told Mr Ashby has been found not guilty on all charges..

The court was told Mr Ashby has been found not guilty on all charges. (ABC TV)

The perjury case against former senior Victorian policeman Noel Ashby has collapsed, with a court finding him not guilty on all charges.

Mr Ashby was facing 11 counts of giving false evidence to a secret Office of Police Integrity (OPI) hearing in 2007.

Last week, Justice Robert Osborn ruled the evidence given by Mr Ashby to the OPI investigation was inadmissible due to a legal technicality.

The investigation was into an alleged chain of leaks that derailed a murder investigation.

Former judge Murray Wilcox QC conducted the hearings as a delegate of the OPI, under oath. But Mr Osborn ruled last week that due to a technicality, that oath was invalid.

In response to the ruling, prosecutor Chris Ryan SC today told the Supreme Court the case against Mr Ashby would be dropped.

Outside the court, Mr Ashby said on legal advice he was unable to make any comment.

Last year, perjury charges against former Police Association secretary Paul Mullett, arising from the same OPI hearing, were also dropped.

Mr Mullett told Fairfax Radio he would seek legal advice about pursuing further action in light of today's court ruling.

"We can talk about the Office of Police Integrity as an entity, but there are a number of individuals that have to be made accountable," he said.

Mr Mullett says this should spell the end of the OPI.

"Today has got to be the final nail in its coffin."

"What was this investigation all about? The big question in that was was it politically motivated?"

The director of the OPI, Michael Strong, admits the outcome is embarrassing but he stands by its record.

"Look obviously there will be some damage to the OPI," he said.

"But I would sincerely hope that what has occurred doesn't negate OPI's excellent record of service to the community, the work the OPI has done in strengthening ethical and professional standards in Victoria Police."

Tags: law-crime-and-justice, courts-and-trials, police, australia, vic, melbourne-3000

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