How did Wally Cox do it? That wasn't in the CCC's script!
Jessica Strutt a gifted journalist in the Desert Rat’s opinion, reports in The West Australian that Justice Anthony Templemen of the WA Supreme Court has ruled that Dr Wally Cox former Chairman of the Environmental Protection Authority should be allowed to argue in the Court of Appeal that the Corruption and Crime Commission made serious errors in its findings and acted outside its powers.
What again?
Dr Cox has been cleared of any wrongdoing in respect of the Smith’s Beach affair by an independent government inquiry head by Agriculture supremo Ian Longson.
What again?
Jim McGinty will be wiping the tears from his eyes with his lavender-scented handkerchief.
Given the CCC officers have all the armour-plated protection of a Triassic dinosaur, it is no wonder the faceless, nameless Corruption and Crime Commission officers are so sloppy, amateurish and undisciplined in their investigations and reporting. They are almost untouchable, being heavily protected from their incompetence. There is precious little relief or come-back for those aggrieved.
The protections include Section 222 prohibits any defamation actions against the CCC:
“No action or proceeding, civil or criminal, lies against the State, against a Minister, or against a person employed or engaged by the State, in respect of the printing or publishing of a transcript of an examination or inquiry or a report of, or a recommendation made by, the Commission ...”
Section 219, protects officers (broadly defined) of the CCC against personal liability:
“An action in tort does not lie against the State, a Minister, the Commission, the Parliamentary Inspector or an official for anything done, in good faith, in the performance or purported performance of a function under this Act or any other written law.”
The Desert Rat is no lawyer (thank God) but thinks that, because the Commission has similar powers as the Supreme Court, there could be an opportunity under Section 147 to get redress if granted by the Supreme Court or his lawyers may have used a prerogative writ seeking relief.
Well done anyhow Dr Wally Cox – the CCC’s bluff appears to have been called!
Of course CEO Silverstone and Chairman Len Roberts-Smith will hide behind sub judice until the case is heard later this year. If they CCC thinks they will lose the appeal we can expect an appeal against Justice Templemen’s ruling.
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