NSW Police have sensationally revealed the letter sent to the Prime Minister outlining historical rape allegations against Attorney-General Christian Porter was never sent to them before they closed the case.The letter contained a warning from friends that further evidence was available to support the woman’s claims.
Mr Porter completely denies the allegation of rape and said he never had consensual sexual relations with the woman, saying he did not “sleep with her”.
In answers to questions on notice released late on Friday, NSW Police outlined the decision not to proceed with the case after the woman’s death.
After the anonymous letter was sent to the Prime Minister Scott Morrison he immediately referred it to the AFP and said it was a matter for police.
However, NSW Police have now revealed that while an email was sent it did not contain any attachment.
For the first time, NSW Police have also flagged contact they had with the Adelaide woman’s sister after her death about the sexual assault allegations.
The new information also canvasses the possibility of the complainant providing a formal police statement over the telephone or via video.
Between the day on which the complainant first spoke to NSW Police in February 2020 and the day she took her own life, there were 24 communications between the complainant and NSW Police — five SMS messages, eight emails and 11 calls or attempted calls.
NSW Police also confirmed that it has never been provided with the documentation sent to the Prime Minister.
However, the complainant did provide a two-page document to NSW Police on 6 March, 2020 and, on 2 July, 2020, after her death, investigators received an 88-page dossier from a friend of the complainant.
Earlier, NSW Police Commissioner Mick Fuller revealed on Friday why the police had chosen not to interview Mr Porter about the historical rape claims.
In evidence to NSW Parliament, Commissioner Fuller also confirmed that COVID restrictions stopped police from being able to take a sworn statement from the woman before her death.
She withdrew the complaint in an email to NSW Police just 24 hours before her suicide in June, 2020.
After Strikeforce Wyndarra was formed to investigate the claims, Commissioner Fuller said he did not alert the Morrison Government or any other politicians.
“I made no contact personally with anyone outside the organisation in relation to it. I had a very high level discussion with Deputy Commissioner David Hudson. But at that stage, the, the, the lady was unsure in terms of what action she wanted,’’ he said.
“Absolutely, from my perspective 100 per cent zero contact.
“A historic sexual assault, statement is one that is extremely complicated. It is not a simple statement. It is not something that you would do justice, taking it over the phone. And there’s still the challenge of putting it in a statement admissible form and sending that and having it sign, which could possibly be done. But, they are complex investigations, as we know, and you really need to ensure that the alleged victim statement is at its strongest to stand the test of possible scrutiny.”
Commissioner Fuller has previously indicated it is extremely difficult, almost impossible, to investigate such matters after the complainant dies.
“The alleged victim no longer wanted to proceed which is not unusual in these matters,” he said.
“It takes enormous courage for people to come forward and it is a very challenging journey through the justice system for victims. And it’s not unusual for victims to, even after they’ve given a statement, to withdraw their complaint in those matters.
“We always follow what the victim wants so that doesn’t mean we still don’t apply victim care and welfare services. It’s not that the journey finishes but unfortunately in this case and tragically she took her life the next day.”
Commissioner Fuller said as a broad approach, NSW Police were “pro-prosecution”.
“I would say to you and I’ll give you these figures, I think we have of the 100 per cent of complaints we get of adult sexual assault are able to proceed on 10 per cent. And I think we win 10 per cent of those at trial right.
“So it is hard, and it’s a hard journey for the victim, it’s only often when you have other evidence, forensic independent witnesses who almost saw the crime that we are able to secure conviction. And I think I said this in the media is that I understand the interest in this but don’t let it be lost on what we need to change is the journey for victims in the justice system.”

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