Where's McGinty's Guts? Step up Kim Beasley.

When the going get tough, the wimps get going

When the Desert Rat saw ALP heavyweight (not in the sense of her obese colleagues) Ljil Ravlich on ABC TV "news" last night lambasting the decision to allow lead carbonate shipments through Fremantle, it revealed a lot about the dysfunctional ALP. The Libs were doing what Labor set up when in government!

The interview tells the Desert Rat that McGinty will resign from Parliament in May and Peter Tagliaferri will be the ALP candidate for Fremantle.

McGinty has no guts and at 58 years of age can't find the courage to take on the Barnett Government. A costly by-election for taxpayers will result and McGinty will walk away with $2.5 million in superannuation. What's Kevin Rudd got to say about that golden handshake?

The Desert Rat has heard, that like his mentor Napoleon, McGinty will exile himself to an island off Italy. Since the fall of communism in eastern Europe, McGinty has discovered God probably doesn't think much of athiests and so he is contemplating repenting and becoming a born-again catholic and adopting a cloistered monastic life on the island.

Ljil Ravlich's claim to fame is, the first Croatian born woman from Split to be elected to Parliament in Western Australia. Ljil was encircled by Fran "Want a threesome?" Logan appropriatly the Member for Cockburn (in more than one sense of the word) and Fremantle Mayor Peter Tagliaferri and someone else, a nodding cheer squad member.

They must have begged the ABC to run this non-story! Not a good professional decision Aunty.

Why wasn't Jim McGinty there, after all it his electorate? Normally he would be spitting chips if other ALP members encroached on his turf. McGinty hasn't complained about their opposition to Magellan Metals plan, which has been approved by the Environmental Protection Authority.

The reason for McGinty's absence is that he is an embassassment to the ALP. He has no friends now that he can't dispense patronage. McGinty the self-crowned Emperor of WA is lost without the trappings of ministerial office and the shiny leather-seated ministerial car.

Since the election debacle, he is miffed; underlings have refused to genuflects before him and pay proper obeisance. The only use now for this one-time cock-sure rooster, is, as a feather duster.

Normally Peter Tagliaferri would not stand a chance of endorsement, but McGinty is doubtful that his preferred man Dave Kelly the secretary of the Misco's Union, can win. Losing Fremantle would be a dreadful reflection on McGinty's already pathetic legacy and on his dwindling respect among his ALP constituents, and add to his ignominy.

Former Docker Peter Bell is no longer interested in the seat since he found out the bullshit he would have to endure in the dysfunctional ALP.

Well Ljil Ravlich fronted up to the camera [not Sue Ellery the local Upper House member and McGinty acolyte, who should be the ALP's spokesperson on health and obesity]. Ljil condemned the Barnett Government for allowing lead carbonate to be exported from Fremantle. The rabble's hypocrisy was shameless and cynical, as the shipments were set up by the Carpenter Government!

Well the Desert Rat thinks Kim Beasley is a decent man and too young to be out to pasture, so why not have a go Kim - you would get a lot of support and would double the IQ of the shadow cabinet, if elected.

Peter Tagliaferri is not a sure bet, the Desert Rat always thought of him as a card carrying Liberal. His old man, a close mate of commo Paddy Troy and decent man would have warranted strong support - the son is an unknown quantity , at least to the Desert Rat.

CCC prosecution of David McKenzie thrown out of court

Administrative incompetence. Could Silverstone organise a root in a brothel?

After almost three years of preparation, the Corruption and Crime Commission incompetents have had their prosecution of David McKenzie, thrown out of court. McKenzie was charged for allegedly giving false evidence at the Smiths Beach public hearing.

There seems no limit to the stress these sadists will put ordinary people under because of their incompetence. If Brigadier Mike Children Overboard Silverstone and Major General Roberts-Smith down at Dad's Army decide to appeal the decision, a result of their own incompetence, it will mean ten of thousand of dollars of extra legal and court costs to David McKenzie and his family and to the us taxpayers who already fork out $170 000 for Silverstone's farcical performance and are charge $30 million a year to fund the CCC.

This malicious prosecution of David McKenzie for giving "false" evidence, proceeded some two years after that evidence was given in the public hearings, and after the failure of the substantive cases of corruption and misconduct against Mike Allen, Paul Frewer and Wally Cox.

The charges were laid after every major allegation ('finding' in the CCC view!) in the CCC's Smiths Beach Report had been discredited.

The CCC's House of Cards cases collapsed when their investigation practices and sham reports were exposed. It was shown by Malcolm McCusker QC that the CCC ignored evidence they were aware of and did not disclose, because it contradicted their case. Petrice Judge the independent investigator for the Public Sector Management Commission revealed that exculpatory evidence was concealed and left out of the Frewer report.

Excluding exculpatory evidence corrupts justice in the Desert Rat's simple view.

Again this latest bungle reflects dismally on hapless Executive Director Mike Children Overboard Silverstone who has overseen more dodgy investigations, more stuffed up investigations and more clumsy prosecutions than is believable.

Who would now believe his account of the conversation with Commander Banks in the Children Overboard Scandal?

Silverstone's strategy over the last year seems to have been to pursue prosecutions that will improve his and the CCC dismal win-loss record. He is now becoming a national laughing stock.

The pitiful prosecution of a piano tuner has plumbed new depths in useless and pointless prosecutions. More on that in a later post.

When CCC opinions become findings - truth is the victim

CCC conditions the public mind with half truths.

The Desert Rat's examination of the media statement of Mike Silverstone referred to in the previous post and the Letter to the Editor by Major General Roberts-Smith, highlights both mens' shortcomings.

Do either of these men really understand the role of the agency they head as Commissioner and Executive Director of the Corruption and Crime Commission?

It is about time they understood more about the CCC Act under which they operate.

They appears to be either amateurish and incompetent or off on some political vendetta redolent of the intoxicating effect of having too much power. Read on and decide for yourself.

In Silverstone's opening paragraph in his media statement of 9 October 2007 he says the CCC has found evidence of misconduct against a former minister and others. Silverstone goes on to highlight four findings; against Norm Marlborough, Dr Wally Cox, Mr Paul Frewer and Mr Mike Allen.

No wonder the public regards the CCC opinions (which should be nothing more and nothing less) as findings. Like the police they cannot find any guilty of any offence - it is for the courts to decide.

God only knows what the Desert Rat would find if he had the time to examine all of Silverstone and Roberts-Smiths public comments or if he was allowed to listen to all their private conversations and read their corrospondence. A camera and bug in their respective bedrooms may relieve the humdrum of this tedious research.

Commissioner Major General Roberts-Smith in his letter to the editor of The West Australian 24 February 2009 uses the words opinion and finding interchangeabily. He says:

"It [the CCC] has not formed any opinion (finding) about Mr Grill..."

One would expect a lot more intellectual rigour from a former supreme court judge - maybe he has spent too much time on military tribunals as Judge Advocate.

The CCC can only express an opinion - it cannot make findings. It should never use the word 'found' or 'finding', as they imply a much higher level of authority - that of a tribunal or even court in the minds of most of the public. Any CCC views should properly be expressed as an opinion and sent with any evidence to the Director of Public Prosecutions or the Public Sector Commissioner or the relevant authority to inquire into and if there is a case to answer, recommend a course of action such as discipline or prosectution.

Malcolm McCusker QC in his recent John Curtin Institute of Public Policy address lamented the lack of success both he and the CCC have had in educating the public that the CCC can only express opinions - and that it was up to others bodies to make findings of guilt or otherwise.

When material such as the above are fed into the media by Silverstone and Roberts-Smith it is not surprising that the public think of their opinions as findings.

All of the Smiths Beach inquiry opinions above, which are in their public report, have been wrong in fact or law and discredited and all resulting charges to date have been discredited or thrown out of court.

CCC record exposes Roberts-Smith dissembling in Letter to Editor

The truth, half-truths and lies.

In Australian parliaments, members are not allowed to call another member a liar because it is considered unparliamentary. They must use a euphemism such "he told an untruth" or "that is an untruth". A lie is deliberate and told on purpose, whereas a mistake is inadvertent. We all make mistakes occasionally and most people correct the record when they are drawn to their attention.

Describing a person as a liar questions their integrity.

The Desert Rat read with interest Major General "Mallard's Guilty" Roberts-Smith letter to The West Australian (24 February 2009) claiming that the Corruption and Crime Commission:

"has not formed any opinion (finding) about Mr Grill"

Is Roberts-Smith a disingenuous fool and blatant liar who doesn't care about the truth or is he and Mike Children Overboard Silverstone unaware of what the CCC has written about Julian Grill?

The Desert Rat is gob-smacked by this false claim of Roberts-Smith and refers readers to the Corruption and Crime Commission's Media Statement of 9 October 2007 headed: "Evidence of misconduct in Smiths Beach development" where Mike Children Overboard Silverstone the Executive Director of the CCC is quoted, and he says:

"Also, in the Commission's view lobbyist ... Julian Grill .. influenced or attempted to influence public officers to engage in misconduct".

Given the contradiction of Roberts-Smith claim and the CCC media release, Grill protests in a response (Letter to the editor The West Australian 27 February 2009):

"This 'opinion' is hugely detrimental to my reputation. For the CCC to refuse to explain or justify it, on the basis that it is not technically a formal finding of misconduct pursuant to the Act, is disingenuous and very unfair. Mr Roberts-Smith should either properly and legally justify it or have it withdrawn."

The Desert Rat does not expect an apology from Roberts-Smith or for him to justify the original opinion (finding) or for Mike Silverstone to correct it on Roberts-Smith's behalf or to justify the original opinion (finding) on which Silverstone name was quoted. [This was just before he went into hiding.]

The revelation of this written contradiction calls for a response and apology from Roberts-Smith and Silverstone. We will see in their response, if any, whether these officers have integrity. Will there be silence or some dissembling avoidance of this blatant "untruth"?

The Desert Rat has been thinking about making a proposition to those vermin at the CCC ... that if they stop telling lies about Julian Grill, I will stop telling the truth about them.

Silverstone's "Misconduct Resistance" Campaign - he can't find corruption and organised crime is too hard

"Just Don't Do It" - decision and danger avoidance campaign.

The Desert Rat received an anonymous leak, presumably from the Corruption and Crime Commission, about their new "Misconduct Resistance" Campaign (see page 15). Its forthcoming campaign slogan "Just Don't Do It" appears to be a blatant bit of plagiarism from Nike.

This lovely piece of vague jargon, "Misconduct Resistance" Campaign, doesn't even refer to corruption! Have Mike Children Overboard Silverstone and Major General Roberts-Smith thrown in the towel on corruption as well as organised crime?

Why "Misconduct Resistance" - it's a bit odd? Does that policy jargon require more resistance to some misconduct (forget about corruption) and less resistance to other forms - such as securing dodgy phone tapping and bugging warrants? Will this new catch cry be able to "justify" many massive salaries, in the eyes of the public, of dysfunctional shiny arses at the CCC?

Making decisions is already personally dangerous for public servant and will get worse. The result will be more third party negotiators, or government relations consultants, who in plain English are - lobbyists.

What, a campaign that will result in more lobbyists?!

When bureaucrats resort to jargon the Desert Rat suspects they have lost their way and don't have much of an idea about what they are doing or could do - they have no direction!

Plain English would of course be a campaign of "Corruption Prevention" or "Misconduct Prevention" - but that is obviously not sophisticated enough for the feckless trash in the CCC - the great big wheelie bin that seems to have been filled with the flotsam and jetsam of every public service in Australia.

• Under the new "Just Don't Do It" campaign, public servants will be advised not to make any decisions that may advantage any citizen or corporation.

• They will be advised to report to the CCC any person asking for a decision or action that may advantage any private citizen or corporation.

The Desert Rat predicts that getting a decision out of a public servant and therefore a Minister will soon be near impossible. Who will bother to apply directly for a planning or other government decision?

The Desert Rat predicts this new policy will be circumvented by a massive increase in the use of third parties to negotiate the minefield of personal benefit - precisely what happened when the process oriented McGinty - Gallop Government took office. No Minister made a decision unless it was recommended by the public service (and no public servant would make a decision that they weren't sure a Minister would approve. Catch 22?

The Desert Rat thinks he could turn a good dollar in this government relations business. No grubby lobbying for this trouble-shooting Rat.