CCC gets third hiding in Mike Allen case.

Mike Allen Innocent of CCC charges

The Desert Rat is not surprised that the Corruption and Crime Commission has suffered another embarrassing loss to Mike Allen following on from its political witch hunt (known as the Smith's Beach Inquiry) which was designed to put effective lobbyists and Centre-Right ALP powerbrokers Julian Grill and Brian Burke out of action.

The latest fiasco was the finding of Magistrate Michelle Pontifex that cleared public servant Mike Allen of giving false testimony in the CCC public hearings. The CCC hearing raised the matter of Smith's Beach, but those called before the Star Chamber are not advised about what the public grilling is going to be about. They therefore, can't refresh their memories by reviewing documents and emails - because, in many cases they have been seized months before by the CCC. In the Frewer case some questions in the public hearings were based on information the CCC knew was a lie - but lies Frewer had to assume were true.

They witnesses at CCC hearings have to rely on memory. Given that it has been disclosed that Brian Burke made 40 000 phone calls and emails a year, who could be expected to remember all the detail - especially when unprepared.

Mr Allen, who was awarded $14 717 costs, said it was the third time it had been demonstrated that his "dealings with Messrs Burke and Grill were nothing untoward, nothing improper".. Mr Allen was exhonorated by Parliamentary Inspector Malcolm McCusker; by a Public Sector Management Inquiry and has now been cleared by a magistrate. Mr Allen should also get $45 000 reimbursement from the State Government for legal costs.

The Desert Rat admires Mr Allen for having guts and taking the financial risk to confront the bullying, incompetent but powerful CCC.

Undeterred by the failures, CCC CEO Mike "Children Overboard" Silverstone came out of 12 months "hiding" on Wednesday and said the acquittal would not affect the false testimony charges* against Julian Grill and David McKenzie. How brazen is Silverstone. If his testimony to the Senate Inquiry in the Children Overboard scandal received this level of scrutiny he would still be tied up in Senate hearings and Court processes!

Having all the substantive findings relating to Smith's Beach already discredited, Mike Silverstone and his other Dad's Army has-beens are desperate to taint the characters of people wrongly defamed in the Smith's Beach Inquiry by these charges.

Why do the CCC bother? Who has the financial and legal resources to take on the CCC for defamation action? It appears the CCC thought that their victims in the Smiths Beach inquiry would be too intimidated to fight their massive resources. A defamation action is much more legally adventurous.

* To prove false testimony charges, the CCC has to establish "intent" to give false testimony. An honest mistake would not result in a conviction. McGinty was on record the other night, saying he was not surprised the Allen charges failed! That is because intent is difficult to prove.