The court heard the officer told him: “I don’t believe you, it’s either you’re a witness or you’re the offender”.
Callaghan questioned the prosecution on whether the officer had been reported, including to the QPS or the Crime and Corruption Commission, or if any counselling or action had been taken against him.
“This happened two years ago. For the last two years this police officer has been thinking it’s perfectly OK to question a 14-year-old child like this and nobody has done anything about it?” Callaghan said.
Nardone said he was not aware if that had occurred.
“Is the inference that the Director of Public Prosecutions is perfectly OK with this? That they don’t think it’s worth reporting to anyone?”
Nardone answered that it was not the case.
James’ defence barrister, Lars Falcongreen, told the court he would not make an application to have the interview excluded.
Nardone later advised the court the Crown would be discontinuing the case, and Callaghan dismissed the jury, which had yet to hear any evidence.
When asked to comment on the decision to discontinue the case, the Director of Public Prosecutors declined.
In a statement to Brisbane Times, Queensland police confirmed their case was being investigated.
“This matter is being reviewed, which will include an examination of the judicial comments from the court transcript and transcripts of police interviews to determine if any misconduct has occurred,” a spokesman said.
“At the conclusion of this review, if any misconduct is identified, it will be subject to assessment and investigation by Ethical Standards Command as per normal processes.”
“It is at least the case that this tragedy will not now be compounded by the conviction of an innocent man.”
Justice Peter Callaghan
Jaylen’s mother, Savannah-Rose Wilson, told reporters outside court on Tuesday she was disappointed in police for proceeding when she and her family had told the truth.
She said police owed James, who Jaylen knew as his father, answers.
She said multiple families had been ruined, and she had been unable to grieve her first son, who she remembered as beautiful.
Source Agencies
