Tuesday, January 27, 2009

Blessed Brian Burke: Canonise or crucify?


Some are more equal than others

The website CCCexposed carries an interesting post on former Judge Kevin Hammond's role in the gaoling of Brian Burke on the "travel rorts" charge back in the 1990's. Graeme Campbell former Federal Member for Kalgoorlie claims in the article that Judge Hammond the first CCC Commissioner allowed as admissible evidence, photocopies of travel claims when the originals should have been used.

Judge Hammond strangely departed the Corruption and Crime Commission after hearing all the evidence in the Smith Beach Inquiry fiasco, but before the report was finalised! We now know Judge Hammond's report was extensively rewritten after Hammond left the CCC, presumably with the full knowledge of CCC Executive Director Mike Children Overboard Silverstone.

The cavalier acceptance of photocopies, instead of originals, as evidence at Burke's trial, by Judge Kevin Hammond, reminded the Desert Rat of a few other dodgy aspect of Burke's treatment and gaoling for two years on the unwarranted conviction.

In respect of Burke's travel claim and it should be noted that public servants filled out Burke's travel claim, not Burke or his political staff. If Burke was deliberately trying to rort the system, one of his loyal political (on contract) staff would have done the job.

Burke was charged and convicted in the feeding frenzy that followed the "WA Inc" hysteria. It is interesting, that Carmen Lawrence after she opportunistically usurped the Premiership also claimed a $5000 travel allowance for travel which she never took. It was over a year before what could also be called a "travel rort", was "discovered".

Although the story was around parliament house for a few days before, news flashed around caucus members on 5 November 1992 that the "travel rort" story was to be front page on tomorrow's The West Australian (6 November 1992).

That afternoon, in time for the evening TV news bulletins, John Halden MLC rose to his feet in the Legislative Council and tabled the infamous "Easton Petition" which reflected unfairly and misleadingly on Opposition Leader Richard Court.

This sensational "news" was designed to, and had the effect of displacing the Carmen Lawrence's "travel rort" story off the front page of The West Australian.

Why Carmen Lawrence was never prosecuted and Burke was prosecuted, is still beyond the Desert Rat understanding, if everyone is equal before the law?

The Desert Rat knows of about 15 to 20 federal politicians who have made mistakes or perhaps "rorted" their travel allowance but were never maliciously prosecuted and gaoled at all, let alone gaoled for two years as meted out to Burke by Judge Hammond.

That subtle differentiation of who gets charged, allows some unaware perhaps unthinking journalists to refer to Burke as "the disgraced former premier". But that same epithet could have easily been applied to Carmen Lawrence, (and a similar epithet to about 20 federal members) had someone just as malicious and prejudiced decided to charge her (and the Federal MP's) with stealing!

Given that it is very easy to make mistakes with travel claims, particularly by country members and ministers who travel frequently and rely on their staff to complete claims, both Burke and Lawrence should never have been charged.

There is a fine line sometimes between being cherished and canonised and being castigated and crucified by malicious enemies, then the media and public opinion.

There but for the grace of god go many of us mere mortals.

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