❓ A WA parliamentary question seeks information regarding a retrial ordered due to prosecutorial error in KHB v The State of Western Australia, including the prosecutor's affiliation, steps to prevent recurrence, cost assessment, and whether an apology was issued. The answer details prosecutor obligations and training, states no cost assessment was undertaken, and notes proceedings are ongoing, with victim support provided.

KHB v The State of Western Australia1.Hon Nick Goiranto theparliamentary secretary representing the Attorney General:I refer to the recent case ofKHB v The State of Western Australiainvolving allegations of sexual offending against the accused's two stepdaughters, where a retrial has now been ordered by the Court of Appeal due to a mistake of the prosecutor.(1) Was the prosecutor from within the Office of the Director of Public Prosecutions or an externally briefed barrister?(2) What steps are being taken to ensure that this error is not repeated?(3) Has an assessment been undertaken to ascertain the cost to the state of this error?(4) Has an apology been extended?(5) If yes to (4), who extended the apology and to whom?

Hon Dr Katrina Stratton replied:I provide the following response on behalf of the parliamentary secretary representing the Attorney General.(1)–(2) Prosecutors must act in compliance with their statutory obligations, the legal profession uniform conduct rules, the International Association of Prosecutors' standards of professional responsibility, and the Office of the Director of Public Prosecutions (ODPP)Statement of Prosecution Policy and Guidelines 2022. These obligations apply to ODPP employees and external barristers who have been briefed to appear on behalf of the ODPP. The ODPP delivers internal training and continuous development programs that include the principle of law. The ODPP intends to extend an offer of this internal training to external barristers who accept prosecution briefs.(3) No.(4)–(5) The proceedings remain on foot. The ODPP is committed to ensuring victims are informed and consulted throughout proceedings, in accordance with thePolicy and Guidelines for Victims of Crime. KHB v The State of Western Australia