Friday, February 8, 2008

McCusker Report confirms CCC's gross incompetence


The Desert Rat is not surprised that Parliamentary Investigator Malcolm McCusker QC has found that the “explosive findings” of the Corruption and Crime Commission (CCC) relating to senior public servant Paul Frewer, in their report on Smiths Beach Inquiry were without any basis.

Although McCusker uses very measured language in his report, his comment in the Desert Rat’s view not surprisingly show the CCC officers defamed both Paul Frewer and Brian Burke. The CCC has shown a flippant disregard for the facts in the case and maliciousness towards Frewer and Burke. The facts were plain to see, but the CCC seems to have ignored the facts.

McCusker’s findings reinforce the findings of Petrice Judge the senior bureaucrat whose reports cleared Frewer and Allen. McCusker is arguably one of the best two or three legal minds in the State. Wayne Martin CJ is another. Major General Roberts-Smith QC from Dad’s Army (the CCC) and ”The Performing Flea” McGinty are at the other end of the scale in the Desert Rat’s view.

What were McCusker’s findings?

  • That Burke did not ask Frewer to seek a deferral of a South West Planning Committee meeting
  • That Frewer did not receive emails from Burke outlining his views on the matter
  • That it was questionable if Burke’s phone call could be considered lobbying
  • That Mr Frewer did not argue for a deferral of the meeting - other members unanimously called for it.
  • That Mr Frewer had no conflict of interest, pecuniary or otherwise in the issue.
  • That the CCC failed to check the voice recordings of the Planning Committee meeting, which it had during the investigation (unbelievable!)
  • That the CCC failed to abide by its own Act to ensure those under investigation can respond to adverse findings
  • That the CCC wrongly accused Frewer of misconduct in his dealings with Brian Burke
  • That there was no justification for the CCC directing that disciplinary action be taken against Frewer.

McCusker has called on the CCC to publically admit it made a “mistake” in its investigation of Mr Frewer.

Why can one woman, Petrice Judge, without a law degree get it right and yet the CCC with QC’s (now called Special Counsels) Christopher Shanahan SC & Neil McKerracher SC, an army of investigators and lawyers, a QC Chairman Len Roberts-Smith, and CEO Brigadier “Children Overboard” Mike Silverstone, get it so badly wrong? Says a lot for the law profession these days!

The CCC has rejected calls to make a public admission that it was (maliciously?) wrong. Len Roberts-Smith says he is considering the document (McCusker’s Report).

Who is going to put there hand up for this disgraceful performance? Why should we continue to feed them?

Will McGinty or any of the Goon Platoon from Dad’s Army at the CCC, publically apologise to Frewer and to Brian Burke at whom the discrediting process was and is still aimed. Frewer (and Allen)were collateral damage because they could find Burke had done anything wrong – so they blamed the public servants.

Why do they call it the Corruption Commission? See a coming post for further illumination.

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