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C M Y K
REVEALED: HOW THE PROMOTION OF A YOUNG FEMALE LAWYER
LAW CRISIS
HAS ROCKED TOP PROSECUTOR JEREMY RAPKE’S OFFICE
SUPER DIET HOW TO EAT HEALTHY, GET ACTIVE AND BE HAPPY BODY+SOUL
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4 Sunday Herald Sun, October 10, 2010 heraldsun.com.au
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SECRET LETTERS
associate crown prosecutors.
C M Y K
OPP sources who have seen three secret letters between Gavin Silbert, Rob Hulls and Jeremy Rapke – The sought-after job pays
correspondence sparked by this controversy – have provided details of these letters to the Sunday Herald Sun. about $140,000 a year.
Phrases appearing in quotes are as they appear in the letters. The rest is a summary of the contents. The Sunday Herald Sun
first highlighted the appoint-
ment of Ms Karamicov on
July 11.
JUNE 11 GAVIN SILBERT, DEPUTY DPP, LATE JUNE MID JULY Today’s reports — the cul-
TO ATTORNEY-GENERAL ROB HULLS DPP JEREMY RAPKE TO SILBERT, SILBERT TO RAPKE mination of a three-month in-
vestigation — are based on
telephone and face-to-face in-
F B 1 2 3
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heraldsun.com.au Sunday Herald Sun, October 10, 2010 5
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prosecutors
issue of the rift between the Rapke’s reputation in the and we have these three who He said that after interview-
two men in an attempt to re- legal community had been we can’t send there,’’ the ing the three candidates he
solve the issue. damaged by his behaviour. source said. ‘‘They can’t pros- had recommended the
This newspaper contacted His furious letter was ecute trials, they are just not appointments proceed.
qualified.’’
F B 1 2 3
the OPP communications prompted by an attack on him
manager on Friday requesting in an earlier letter from Mr A senior Opposition Late yesterday after-
an interview with Mr Rapke. Rapke accusing his deputy of frontbencher raised with Mr noon an adviser to Sol-
Phone calls were also made being grossly disloyal. Hulls rumours of the relation- icitor for Public Pros-
to Mr Rapke. The Sunday Herald Sun has ship between Ms Karamicov ecutions Craig Hyland
The paper briefly spoke to details of those two confiden- and Mr Rapke before her emailed a statement
Mr Rapke on his mobile tial letters, and an earlier one appointment. to the Sunday Herald
phone late Friday afternoon. Mr Silbert wrote to state Mr Hulls said yesterday he Sun.
He refused to answer ques- Attorney-General Rob Hulls. had put in place an indepen- She refused to answer ques-
tions. Mr Silbert declined to com- dent procedure to oversee tions about the allegations.
A detailed voice message ment yesterday. appointments by the DPP and ‘‘The Office is working well
asking him to respond to Three senior OPP staff have he had followed the advice he together, morale is good, cul-
C M Y K
specific allegations about his said they believe Ms had been given. tural change is taking place
relationship with Ms Karamicov and two other ‘‘In relation to appoint- and the OPP will continue to
STEPHEN PAYNE’S CV
Karamicov was left on his mo- staff promoted at the same ments I then put in place an work hard to ensure the peo-
bile phone’s answering ser- time are not qualified for the independent process that in- ple of Victoria have a modern,
vice. He has not responded. positions they hold and can- volved the Victorian Govern- innovative prosecutorial
The Sunday Herald Sun has service,’’ the state-
■ OPP senior solicitor, January
been unable to contact Ms
Karamicov for a comment.
The reason for my resignation was ment said.
2008-September 2009
‘‘The OPP is de-
A senior OPP source said
Mr Payne highlighted the
the appointment of Ms Karamicov veloping a career
■ OPP acting legal
structure where
appointment of Ms STEPHEN PAYNE some experienced prosecution specialist, September
Karamicov in an exit inter-
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6 Sunday Herald Sun, October 10, 2010 heraldsun.com.au
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Inside
JAMES CAMPBELL
SINCE becoming Director of
Public Prosecutions in 2007,
Jeremy Rapke has repeatedly
clashed with the judiciary over his
public comments on sentencing.
He has also angered senior legal
FIRST
Rapke’s late father — was also a deputy, chief crown pros- in the OPP, the three OPP
Queen’s Counsel and later a ecutor Gavin Silbert, the OPP sources told the Sunday Her-
judge of the County Court. has been racked with conflict. ald Sun.
Like his son, Judge Rapke was Senior figures worried that
not afraid to make his views Three OPP insiders have
spoken to the Sunday Herald gossip had started circulating
known and in his time was said to in wider legal circles.
have antagonised some members Sun and told how Mr Rapke’s
decision to promote Ms In 2008 this prompted
of the judiciary by criticising their Angela Cannon, then solicitor
remoteness from society. Karamicov has created a toxic
atmosphere in the OPP and it for public prosecutions, to
Despite his public dressing raise with Mr Silbert the re-
down from Mr Richter, Mr Rapke is the trio’s view it is having an
impact on the administration lationship and the corrosive ef-
has not backed away from his fect it was having on morale.
stances on sentencing. of justice in Victoria.
In August, Mr Rapke again Put simply, the three OPP Ms Cannon left the DPP in
upped the ante in his war with the sources claim Ms Karamicov May 2008 and declined to com-
judiciary, announced a campaign and two other associate crown ment yesterday.
to pressure judges into increasing prosecutors promoted at the Two of the Sunday Herald
the sentences for aggravated bur- same time in July lack the ex- Sun’s OPP sources have said
glary. He also signalled sentences perience to run complex jury Mr Silbert later confronted Mr
for rape, some child abuse trials. Rapke over his relationship
offences, intentionally and reck- ‘‘They don’t know what to with Ms Karamicov and
lessly causing serious injury and do with them,’’ one of the OPP warned him to stop meeting
some drug offences would also be sources said. her in his office.
challenged. Mr Rapke is said to have
The three appointees were
Legal figures have said Mr agreed.
Rapke’s campaigns have previously employed as solici-
tor advocates who do court ‘‘I’d better be more careful,’’
incensed elements of Victoria’s he allegedly told Mr Silbert,
judiciary because of his reluc- appearance work, usually bail
applications, mentions and one of the Sunday Herald
tance to appear in court. Sun’s OPP sources said.
At 61, Mr Rapke could reason- direction hearings and appli-
ably expect to be made a judge cations to appear before the In December, the Court of
when he finishes as Director of Court of Appeal. A p p e a l q u a s h e d
Public Prosecutions as his five But while they may be Farquharson’s conviction for
predecessors have all ended up learned in the law, they have killing his children.
on the bench. no experience in complex, con- Early this year, as the OPP
Last week his predecessor, Paul tested court appearances be- was preparing its case for a
Coghlan, now a Supreme Court fore juries. retrial, Mr Rapke approached
judge, lashed out at Mr Rapke Before this year, only one Mr Silbert with an unusual
over a case in which a prosecutor solicitor, Brett Sonnet, had suggestion.
attempted to reinstate an ever been appointed as a Despite Ms Karamicov’s
attempted murder charge after crown prosecutor and all three junior status, Mr Rapke said
Mr Rapke had earlier accepted a CRUSADER: Mr Rapke, pictured here leaving court, has angered some judges by sources agree he was an excep- he wanted her to appear as
plea on a lesser charge. publicly criticising light sentences. tional case. junior counsel to the main
No time
Sting to tour in new year to Potter
SUPERSTAR Sting will tour NUI TE KOHA thing new in this interface the tour was interesting. A 3D version of the next
in January. between pop and symphonic ‘‘They can be a bit wary — Harry Potter film has been
The solo performer and for- Sting said. Promoter Live music,’’ he said. they’re not sure if they should ditched so as not to delay
mer Police frontman will per- Nation Australia will an- ‘‘I don’t know where it’s stand up or sit down, be rowdy its release in standard 2D,
form classical versions of his nounce the tour today. going, but that’s something I or be attentive,’’ he said. said Warner Bros Studios.
hits with the Melbourne Sting’s last visits to Aus- love. The journey itself is the ‘‘But, by the end, they figure The studio said it could
Symphony Orchestra. tralia were in theatres for a reward.’’ not complete the 3D con-
it out.’’
‘‘I look forward to perform- performance of lute music and So far, the set-list has in- version of Harry Potter and
stadium shows with the cluded Every Little Thing She Sting will be at the Sidney the Deathly Hallows: Part 1
ing in Australia, having a
Police. But the creatively rest- Does Is Magic, Roxanne, Myer Music Bowl on January in time for its November 19
whole new palette of musical
colors to work with, and less singer said the classical Every Breath You Take, 28 and tickets will go on sale UK and US release date.
reinventing the songs that tour, Symphonicity, had re- Englishman In New York and on October 22. Warner Bros said it did
+ have been the staples of my energised his songs. Fields Of Gold. Tickets for the Swan Valley On his way: Sting will play in not want to keep fans wait-
live shows for over 30 years,’’ ‘‘I’m trying to create some- Sting said fan reaction to show go on sale on October 21. Melbourne on January 28. ing for the film. +
heraldsun.com.au Sunday Herald Sun, October 10, 2010 7
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tower of power
EDITORIAL
As one of the key pillars around which our society is built, it
is of fundamental importance for Victoria that the Office of
Public Prosecutions is united and functioning at 110%. Today,
the Sunday Herald Sun can reveal that this is not the case. In
fact, for some months the Office of Public Prosecutions has
been crippled by a bitter feud between between Mr Rapke and
his deputy, Gavin Silbert. Page 80
F B 1 2 3
that he had learned that Mr in any meaningful way since.
Our first story, on July 11 Silbert had contacted Mr They have, however, com-
Hulls and Mr Cain expressing municated by letter.
prosecutor, Andrew Tinney, in Mr Silbert was alarmed and, concern.
In mid-July, after extensive
Farquharson’s second trial. in early June, after discussing Mr Rapke told Mr Silbert he discussion with the crown
Though she had been the in- the matter with senior staff, he regarded his actions as grossly
wrote to the Attorney-General prosecutors, Mr Silbert replied
structing solicitor in the first disloyal and an attempt to strongly to Mr Rapke’s
trial, she had never appeared Rob Hulls expressing his con- undermine him in the eyes of
cern. accusation of disloyalty.
as counsel in something as im- Mr Hulls.
portant as a murder trial. He said he had heard ru- An OPP source who has seen
In the first week of July the the letter said Mr Silbert told
‘‘He went to Gavin and mours three solicitors were to
be appointed associate crown appointments of Diana Mr Rapke he had every right to
C M Y K
asked him to make Diana Karamicov and two other sol- communicate with the
prosecutors and was worried
Andrew Tinney’s junior,’’ one the three appointments would icitors as associate crown Attorney-General without his
OPP source said. be boycotted and that no sol- prosecutors were announced. say-so — particularly as it was
‘‘Gavin was appalled. He icitor would brief them. The appointments — es- his job to manage the appoint-
spoke with Andrew and they He asked that his views and pecially that of Ms Karamicov ments.
agreed it wasn’t on.’’ those of the solicitor for public — were met with incredulity He also told him he was con-
Yesterday Mr Tinney said he prosecutions be sought before both inside and outside the cerned Mr Rapke’s relation-
had no comment. any appointments were made. OPP. ship with Ms Karamicov would
become public knowledge and
He went to Gavin and asked him to make Diana Andrew cause the appointments to be
7
in the Farquharson trial she concerned enough to order an suaded to desist.
would have ticked all the independent process to assess In his 2½ years with the DPP,
the recommendations. But Mr Silbert’s unhappi- Mr Payne had been involved in
THIRD
boxes and it would have been
ness and the rows over the ap- some of the most high-profile
much harder to object to her The panel, which included
appointment,’’ one OPP pointments were impossible cases, including the bail appli-
the Victorian Government Sol-
source said. to keep in house. cation of Omar Chaok.
icitor, John Cain, interviewed
In May, Mr Silbert learned the three candidates and rec- On July 11, the Sunday Her- Mr Payne confirmed to the
that Mr Rapke intended to ommended the appointments ald Sun reported the existence Sunday Herald Sun yesterday
promote three solicitor advo- go ahead. of Mr Silbert’s letter to Mr that he had resigned over Ms
cates to posts of associate In late June, Mr Rapke Hulls and the stoush within Karamicov’s appointment,
crown prosecutor, but refused wrote to inform Mr Silbert he the DPP. but declined to make any
to tell Mr Silbert their names. was appointing three associ- Mr Rapke and Mr Silbert further comment.
take a holiday within Australia this year than how would I really sound, ‘‘If you’re sitting there nodding, then Weigh It
they were last year, and those aware of the cam- as a person, walking Up Australia can help you and your family to a
paign were more likely to holiday at home in the
next six months. PAGE 2 around my house saying,
‘‘Bitch, pick this up’.’’ TODAY better life.’’
See Weigh It Up Australia inside Body + Soul. +
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4 Sunday Herald Sun, October 17, 2010 heraldsun.com.au
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leaks
SHS 17-OCT-2010 PAGE
expose
unrest
JAMES CAMPBELL
SUNDAY, OCTOBER 10
SUNDAY SENIOR Office of
The Sunday Herald Sun reveals the Office of Public Public Prosecutions
Prosecutions has been plunged into crisis by the staff are bracing for
promotion of a junior female solicitor, Diana Karami- more strife despite
cov. We reveal top prosecutor Jeremy Rapke and his the issuing of a pub-
lic peace pact.
deputy, Gavin Silbert, have fallen out of the promo- OPP sources have told
tion. OPP sources claim Rapke has been involved the Sunday Herald Sun
C M Y K
approached you on a which you had no statutory of Associate Crown and cause the appointment I reject unequivocally
private and personal level role, attempting consistently Prosecutor, the concept to be regarded with your assertion that there
and indicated to you the to advance her career well is generally speaking that significant disquiet. The was anything improper in
concerns that were being beyond that of a solicitor of they will be capable lawyers office of Crown Prosecutor my approaches to John
expressed by various her experience. who have demonstrated Cain and to the Attorney
is an important office,
solicitors in the office some skill in the running General. As a statutory
in which the integrity of
of Public Prosecutions, The position of Associate of criminal trials at a appointee charged with
the office holders is of
members of the Victorian Crown Prosecutor is a more minor level and who specified duties, I maintain
F B 1 2 3
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heraldsun.com.au Sunday Herald Sun, October 24, 2010 5
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about her
The feud deepens as key
OPP lawyers call for inquiry
they believe Mr Silbert’s
assertion that Mr Rapke spent
JAMES time with Ms Karamicov in a
CAMPBELL
manner ‘‘markedly different
from every other solicitor in the
Office of Public Prosecutions’’ is
F B 1 2 3
give evidence,’’ one of the law- This month, Mr Rapke told
yers said. July 19 letter from broadcaster Jon Faine that he
On Friday, Mr Rapke, QC, chief Crown prosecutor did not have a sexual relation-
issued an internal memo to hun- ship with Ms Karamicov, but re-
dreds of staff accusing some law- Gavin Silbert, SC, fused to answer on Friday when
yers of running a ‘‘despicable’’ to his boss, Jeremy asked if he had had a sexual re-
campaign against Ms Karamicov lationship with her in the past.
and two other solicitors ap- Rapke, QC, – is in the The conflict inside the OPP
pointed alongside her.
Mr Rapke took the dramatic
public interest. This has been the subject of rumour
and innuendo in the legal district
step after the Sunday Herald story goes directly for months.
Sun told his office the newspaper
to the performance
C M Y K
had obtained a confidential let- ‘‘He (Mr Rapke) is acting as
though this is just something in-
ter from Gavin Silbert, SC, to Mr and integrity of this side the office — it’s not, it’s the
Rapke written in July.
It appeared yesterday that Mr important body and the talk of Lonsdale St,’’ one source
said.
Rapke’s plea to staff and pros- Brumby Government’s Victorian Government Solici-
ecutors to rally behind, instead
of calming the situation, had in- management of justice. tor John Cain, who interviewed
flamed matters. the solicitors after concerns
‘‘How dare he blame us for Full editorial, Page 77 about their appointments as as-
what he has done,’’ one OPP sociate crown prosecutors were
lawyer said. raised with Attorney-General
Hulls, declined to answer ques-
5
FIRST
FIRST
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6 Sunday Herald Sun, October 24, 2010 heraldsun.com.au
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