Thread by @quaid_jennifer

1/There is one BIG thing that stood out for me after hearing telephone recording between @Puglaas and Wernick.

It was a deliberate policy choice to have PROSECUTORS make the decision to invite a firm to negotiate RA, as part of their normal independent prosecutorial discretion.

2/ next big thing: JWR is *very* clear that DPP/PPSC prepared reasons to support their decision not to invite and that she was satisfied, based on those reasons, that there was no basis to exercise her exceptional power under DPP Act to issue a directive.

3/ PMO was sent a copy of that memo in Sept, but seems to have misplaced it by December. This raises the question, what was *new* or *different* after DPP made decision that would warrant request for AG to reconsider her original decision to accept DPP decision as well-founded

4/It is also comes out in telephone conversation that SNC had made to DPP/PPSC, the arguments Wernick was making to JWR. Again, the old question: SNC made its case to the right people (ie prosecutors). If new facts, SNC is the one who has to raise them with PPSC directly.

5/ Recap:
SNC had made its case to DPP (since April 2018 and ongoing)
DPP decided not to invite SNC based on law and facts. on Sept 4. Reasons provided to AG who sent them to PMO.
B/w sept 4 & Oct 9, DPP considers further info from SNC but these do not change original decision.

6/ Given recap, very hard to see how the conversations b/w JWR and PMO and Wernick are not attempts to supplement/enhance efforts by SNC to convince DPP to change mind with a bit of political heft. That is not ok in system with an independent & impartial prosecution service.

7/ the fact that conversation is in calm, measured tones does not alter the substance of what Wernick is asking JWR to do. He makes it plain that PM wants SNC situation to be resolved, wants AG to direct PPSC to invite SNC to negotiate, to use the law enacted for *them*.

8/ would add that Wernick seems not well-advised on the law. Seems to think that maybe JWR reluctant to use power to issue directive because it is *new*. She clarifies that directive power is 10 years old. Fact that never used before shows how exceptional it would be to use it.