SA-Best MLC Frank Pangallo yesterday tabled in parliament an email he said Hinton sent to around 40 staff on May 23.

“It follows what appears to have been a meeting he had with the CEO of the Attorney General’s department, Caroline Mealor and (independent consultant) Rosslyn Cox to discuss the results of a ODPP workplace experience survey and meetings staff have had with Ms Cox,” Pangallo told parliament.

“From the tone of Mr. Hinton’s disturbing remarks, it’s plainly obvious there continues to be a toxic, chaotic and shambolic workplace culture he is overseeing and to which he accepts some alarming responsibility and blame,’ he said.

Pangallo then read Hinton’s email into Hansard.

“What I became aware of on Friday is just how much there is to analyse and understand, and I want to ensure that what happens next is considered and looks to the short, medium and long term. My first priority will be to address the stress and distress that many of the people in the ODPP are currently experiencing,” the letter read by Pangallo said.

“I will be continuing to meet with the CE and Rosslyn to discuss the next steps, which will involve the release of the full reports and a series of recommendations. I am overseas in the beginning of June and what I don’t want to do is release the report and then get on a plane. So it is likely that the report will be released on my return and only after Rosslyn has had all the time she needs to complete what she needs to do.

“I can say one thing. I have become aware of things that I have said and the way in which I have conducted myself which have worked to compound the pressure many of the members of the ODPP, and likely some who have recently left us, are experiencing or experienced. I apologise unreservedly for this. It was never my intention. I will do better, and look to you all to hold me to account.”

Pangallo told parliament that what was “truly astonishing about this shocking revelation” was that “it’s been going on for years” under the watch of the Attorney-General’s office, former DPP Adam Kimber and former Attorney-General Vickie Chapman as well as current Attorney-General Kyam Maher.

Pangallo said he had obtained a copy of the DPP 2017 wellbeing programme report “prepared for Mr Kimber and dated the 27th of November 2017. I understand Ms Mealor was at the time working in his office”.

“Until now, this damning assessment of the wellbeing of staff has not seen the light of day. Nothing has changed. Nothing has improved. In fact, it seems to be going backwards. And by the reports I am receiving from the legal fraternity, it is negatively impacting on the administration of justice in the state, causing delays of cases,” Pangallo said.

“Things are so bad that a parliamentary inquiry is warranted and long overdue.”

Hinton KC is a former SA Solicitor-General and Supreme Court Justice who became DPP in 2019 after Kimber.

DPP and former Supreme Court Justice Martin Hinton. Photo: supplied

The DPP’s office has come under fire over its handling of two failed prosecutions arising from ICAC investigations into former Renewal SA boss John Hanlon and executive Georgina Vailevski. Hinton recused himself from both cases after declaring a conflict of interest.

A first case spectacularly imploded in June 2021, when a prosecutor conceded in court the DPP’s office did not have sufficient evidence to prove their guilt.

John Hanlon (right) with his lawyer David Edwardson KC outside court after the first prosecution was dropped. Photo: Tom Richardson/InDaily

Despite this, the DPP’s office later filed an ‘ex officio’ action in the District Court, seeking to pursue charges against Hanlon alone for abuse of public office and dishonestly dealing with documents relating to a 2017 work trip to Berlin.

But this case too fell over in spectacular fashion, with prosecutors dropping it on the day the trial was due to start.

Attorney-General Kyam Maher then said he would demand a briefing and a “please explain” from both the ICAC and the DPP.

The state government has reportedly since paid Hanlon $450,000 to reimburse him for legal costs. Last month, Vasilevski told a parliamentary committee that the state government had paid about $150,000 of her legal costs and that she was pursuing compensation and an apology.

Following the first case collapse, Pangallo led controversial changes to the ICAC Act which curtailed that office’s powers.

Yesterday in parliament, he asked Attorney-General Maher when he had become aware of “serious and systemic workplace issues” in the DPP’s office and whether he had been briefed on the latest, unreleased audit and when it would be tabled in parliament.

“Considering the damaging workplace surveys, does (Maher) have confidence in Mr Hinton and Ms Mealor that the toxic and unhappy culture is not contributing to delays and failures in prosecutions?” Pangallo asked.

“Can he provide figures to this chamber of how many cases prepared by the Office of the… Director of Public Prosecutions have been pulled or have fallen over since 2015? And the reasons.

“How many staff have left the office since 2017 and were reasons for their departure given? How many of staff who work or worked at the Office of the Director of Public Prosecutions have claims for injuries caused by workplace stress, bullying and sexual harassment? And will he and the government support an urgent inquiry by parliamentary committee?”

Attorney-General Kyam Maher. Photo: Tony Lewis/InDaily

Maher said DPP staff performed “difficult, stressful and sometimes distressing work” involving the “worst elements of humanity in terms of what they have to see, the evidence they have to go through to prepare and present to court”.

“So I do note it is the very nature of much of the work that the Office of Director of Public Prosecutions and their staff undertakes is difficult and distressing work,” he said.

“I am aware that there are workforce difficulties not just in the DPP, but across many sectors, not just the public but the private sector.

“In relation to specific questions about matters relating to the Office of Director of Public Prosecutions at the moment, I’m happy to go away and get some advice.”

InDaily asked the ODPP what conduct prompted Hinton’s apology in the email, whether the 2023 workplace experience survey will be released publicly, and what role Cox had with the ODPP.

In response, an ODPP spokesperson said: “Rosslyn Cox has been engaged to undertake a body of work concerning recruitment and retention within the ODPP. A component of that work is the survey to which you refer.

“The work necessary to finalising the report has not yet been completed. It is anticipated that, like the 2017 Wellbeing Report, Ms Cox’s report will be made available to all staff.

“The matters which prompted the Director’s email will be covered in the report which, it is also expected, will include recommendations that will assist the ODPP going forward.”

InDaily also asked the Attorney-General whether he would support Pangallo’s call for a parliamentary inquiry into the ODPP and if he was concerned about its workplace culture.

In a statement this morning, Maher said: “The work done by the staff of the ODPP is both difficult and important. Every day, their work helps keep our community safe and ensure justice is done.”

“The difficult nature of this work, and the confronting material ODPP staff are often faced with, can make for a challenging work environment.

“This is one of the reasons why my department appointed an independent consultant, to conduct a survey of current and past staff and identify ways to improve workplace wellbeing.

“To alleviate some of the pressure on the ODPP, additional funding has been provided including, over the forward estimates, for Operation Ironside. This includes $6 million in last year’s State Budget, with a further $6.4 million provided in the 2022-23 mid-year budget review, along with $2.2 million for other complex legal matters.

“This Government will continue do everything it can to support the staff of the ODPP, as they work to deliver justice for the people of South Australia.”