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	Detective Fights for Investigation Documents By Kate Uebergang Herald Sun November 23, 2007 http://www.news.com.au/heraldsun/story/0,21985,22806087-2862,00.html A POLICE detective has appealed against a tribunal decision that refused him access to documents about an internal investigation into claims he had perverted the course of justice. Det Sgt Lance Marke was cleared of any wrongdoing after he was alleged to have hindered an investigation into an Anglican priest accused of sex crimes against altar boys. The Supreme Court heard yesterday Det Sgt Marke was wrongly denied access to documents relating to an Ethical Standards Department investigation of him. Lawyer Jason Pizer, for the detective, told the court the Victorian Civil and Administrative Tribunal had erred in law when it ruled personal privacy exemptions applied to some of the documents. Mr Pizer submitted that VCAT had mistakenly ruled that it would be unreasonable to release documents because the world at large -- and not just the detective -- would then know the identity of the people concerned. "VCAT's approach will inevitably lead to fewer documents being disclosed to applicants," Mr Pizer told the court. "The protection of privacy is undeniably important . . . but is not absolute." The court heard Det Sgt Marke, based at Seymour, had held his current rank for more than 17 years. In August 2002, Seymour police began investigating accusations that Father Alan Sapsford had indecently assaulted former altar boys. Father Sapsford was charged with 20 counts of sexual assault the following month, but died in March 2003 and the matters against him were formally discharged. In April 2003 the two detectives investigating Father Sapsford raised concerns with the Office of Public Prosecutions and the Ethical Standards Department that Det Sgt Marke had interfered with their investigation. Shortly after the investigation began the ABC's 7.30 Report ran a story about the priest and featured claims by a woman who alleged Det Sgt Marke had interfered with the investigation. In October 2003 the ESD found the allegations against Det Sgt Marke were not substantiated, later changing that to unfounded. However, Det Sgt Marke was not happy with the ESD findings and claimed he should have been exonerated. The tribunal found Det Sgt Marke had vehemently denied the allegations, claiming they were falsely made with the intention of assassinating his character and reputation. In May last year Det Sgt Marke applied through Freedom of Information laws for access to documents relating to the ESD investigation. Yesterday lawyer Karin Emerton, for Victoria Police, told the court that VCAT's decision was correct. Ms Emerton said the Freedom of Information Act generally contemplated the release of documents to a person as, in itself, a release into "the public domain". Ms Emerton said there were no mechanisms to restrain the dissemination of documents that were released to a person. The detective's lawyer said the matter should go back to VCAT, where a different tribunal member should adjudicate. Justice Hartley Hansen reserved his decision to a date to be set.
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