The move comes in the wake of DPP Anthony Moynihan QC testifying at the recent Royal Commission’s public hearing into Swimming Australia that charges against Volkers are still possible.
The submission, lodged on behalf of child protection advocate Bravehearts by Brisbane lawyers Boe Williams Anderson, is in support of three women at the centre of the allegations.
During his time as coach for Swimming Australia in the 1980 and 1990s, Volkers was alleged to have sexually assaulted swimming students Kylie Rogers, Simone Boyce and Julie Gilbert.
In 2002, the charges against Volkers were dropped, in a decision that was met with criticism led to an investigation by the Queensland Crime and Misconduct Commission.
Bravehearts Royal Commission services are headed up by Brisbane lawyer Monique Scattini.
Bravehearts engaged counsel Andrew Boe to ask Moynihan whether he could present an ex-officio indictment. Bravehearts says Moynihan responded that he had the power to do so.
Bravehearts CEO Hetty Johnston (pictured) has welcomed the news and labelled the Royal Commission process as a “revelation for all survivors of child sexual assault”.
“Bravehearts commends the DPP for agreeing to accept submissions so that these three brave women might finally get to have their day in court,” she says.
“For too long they have been denied justice while Volkers continues to coach in Brazil. The DPP will consider submissions by our clients that identify any previous errors in prosecution which may have led to earlier charges being dismissed.
“This Royal Commission is exposing historical instances of child sexual assault and organisations that have failed children. By doing so, many of these survivors may soon get some closure and can stop fighting for the truth to come out.
“Families and children are watching and listening. They will be taking their lead from those who are speaking openly, disclosing and normalising the discussion of child sexual assault in our society.
“This sets the scene for the cultural shift in ‘breaking the silence’ that has to happen if children are to be better protected, believed, heard, understood and empowered into the future.
“Child sexual assault is preventable and we can solve this issue however we must put the resources behind it and that time is now. Future generations of our children depend on us to do it.”
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