On 31 August 2007, Justice Peter Blaxell ruled that the bulk of the admissions made by Arthurs in a video recorded interview with Police on the morning after the alleged offence would be inadmissible at his trial on ground of "persistent importunity, or sustained or undue insistence or pressure".
This is a huge blow for the procecution. Sex Crimes should be attended to by sex crime experts, they are skilled interviewers & know what turns these guy's on...we can only hope this trial will get to the truth.
Arthurs' trial will commence on 8 October 2007.
Arthurs Pleads Guilty
It can now be revealed that Arthurs was charged with molesting an eight-year-old girl outside his home in December 2003 but the case was dropped when the Director of Public Prosecution Robert Cock ruled a police video interview could not be used as evidence because the questioning was overly aggressive. Most of the police interview following Arthurs arrest for Sofia's murder were also deemed inadmissible for a similar reason. Mr Cock wrote a letter of complaint to the Police Commissioner after the 2003 interview and the detectives who conducted it were disciplined as a result. "It is true that I wrote to the Commissioner at the time drawing to his attention my concerns regarding the police conduct," Mr Cock told PerthNow this afternoon. "I have asked the police to reopen their file on the 2003 indecent assault allegations which led to Arthurs being charged. "For several reasons, I have nothing more to say about that earlier allegation." Mr Cock said he could not say whether Sofia would still be alive today if the DPP had proceeded with that prosecution. "Naturally I could not answer that, although it seems to me that a non-custodial disposition was possible if someone was convicted of the 2003 allegations."
In court today, DPP prosecutor Sam Vandongen said the court's decision not to allow all the video evidence to be presented at Arthurs' trial was not the reason for the DPP substituting wilful murder with the lesser charge of murder. He said there was no prospect convicting Arthurs of wilful murder because it could not be proven beyond reasonable doubt that he intended to kill Sofia. He said the second charge was withdrawn because of problems with the forensic evidence. Acting Assistant Commissioner Jeff Byleveld said defended the police investigation which led to Arthurs' arrest within 12 hours of Sofia's murder. He said he was satisfied with the police interview despite large parts of it being ruled inadmissible. He said he was confident Arthurs would not be let out when he became eligible for parole due to the nature of his crime, which shocked Perth. "This offender will be incarcerated for a long time,'' he said. Arthurs was remanded in custody to undergo pre-sentence, psychiatric and psychological reports before being sentenced on October 12.
Arthurs is a young man & he will be eventually released while he is reasonably young. He has not be convicted of a sex crime which is even more disturbing...