Friday, February 29, 2008

Why Julian Grill should not apologise

Greens Giz Watson thinks Julian Grill is innocent

What caught the Desert Rat’s eye recently was Greens MLC Giz Watson’s speech in Hansard, where she concedes in the debate (4 December 2007) of the Privileges Committee, that she thinks the argument put forward by Julian Grill’s lawyers, is correct.

Giz Watson then says she won’t oppose the recommendation (No 20) before the House; that Julian Grill should apologise to the House. Presumably Giz Watson would have abstained if there was a division - which there was not, because it was decided on the voices.

It has taken some time for the Desert Rat to get his pointy snout and whiskers into the entrails of this issue and make some sense of the Legislative Council Committee's Report and findings against Julian Grill.

The quote in the report that gives rise to the finding that Grill leaked information, is clearly wrong and dangerously damaging to Julian Grill. The Desert Rat wonders why the Committee took the quite unprecedented step of bringing in Philip Urquhart as the Counsel Assisting the Committee (previously he was Counsel Assisting the Corruption and Crime Commission) to run the second half of this inquiry. There have been questions asked by Senior Counsel as to whether such a step was legal.

The Desert Rat can clearly see, as can Hon Giz Watson, that what is quoted in the Finding of the Committee Report (Rec. 20) is not the same as the evidence given by Brian Burke. Mr Burke never said “that Mr Grill had advised him of the fact that those documents had been requested by the Committee”

The Desert Rat is not suggesting anything nefarious, but just an honest misinterpretation made by the Committee. This type of situation is why those witnesses like Mr Grill, should have the right to know when they are being accused and have the matter tried before a competent court or tribunal. Such mistakes can then be corrected by an impartial body.

The Desert Rat would hope that Philip Urquhart was not involved in writing that part of the report given the shoddy reports recently written by the CCC officers - such as the phoney and incompetent findings against Paul Frewer, Dr Wally Cox and now Dr Mike Allen in the Smith Beach Inquiry.

Whatever the case, it is disappointing that Giz Watson did not take her belief in Julian Grill’s innocence further than she did and call a division. Then the issue would have been out in the open and other members of the Legislative Council would have to properly debate the issue.

It is not surprising that Julian Grill’s lawyers advised him not to apologise to the Legislative Council Committee.

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