VICTORIA Police command was told more than three years ago there was insufficient evidence to pursue charges against a former and current detective fort but ignored the advice of two of the state's most senior prosecutors.

The Weekend Australian can reveal that on February 11, 2009, Briars taskforce lead investigator Ron Iddles telephoned Police Association solicitor Tony Hargreaves and told him the homicide squad had decided it had insufficient evidence to charge his client, detective sergeant Peter Lalor, in relation to the 2003 murder.

Mr Iddles said while the decision would be reviewed if further evidence was uncovered, senior prosecutor Geoff Horgan QC had assessed the evidence in the case and judged that it could not support a charge against Mr Lalor. Mr Horgan's written opinion was endorsed by then director of public prosecutions Jeremy Rapke QC and provided to Victoria Police command. Mr Lalor and formerdetective David Waters deny the allegations.

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