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Stephen Wade MLC
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Public entitled to reasons for failure to appeal Malcolm Fox sentence

The Liberal Opposition today called on the Labor Government to ensure that South Australians get an explanation as to why the sentencing decision in the Malcolm Fox case will not be appealed.

While the community expectation is that a conviction for a child sex offence would mean time in custody, the Liberal Opposition has been advised by the victim that the Director of Public Prosecution has decided to not appeal.

“The victim is very distressed at this decision,” Shadow Attorney-General Stephen Wade said.

“We understand that the DPP’s right to appeal against sentencing expires this coming Wednesday, 21 September.

“The Liberal Opposition accepts that these decisions are appropriately decisions for the DPP. What we can’t accept is the lack of community engagement or transparency in the process.

“Considering that one of the criteria for an appeal is whether the sentence would ‘shock the public conscience’, the community has a right to be informed and engaged.

“An early statement from the Attorney-General John Rau, while an appeal is still possible, is important to maintain community confidence in the criminal justice system.

“The Liberal Opposition understands that Malcolm Fox has appealed his conviction for child sex abuse.

“We respect Mr Fox’s right to try to prove his innocence; however, the sentencing decision is a separate decision and appealable in its own right

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