Burke and Grill's lobbying - now only "corrosive"

The tune of McGinty's spin changes

The Desert Rat heard the predictable spin and claptrap from failed Attorney General "Truth(less) in Sentencing" Jim McGinty on ABC Radio this morning. His comments reflect his pathological hatred of Brian Burke, who has been his nemesis in the Australian Labor Party for over 30 years.

The State doesn't have to pay McGinty's legal fees now that he is no longer the Attorney General, so McGinty is much more circumspect in his comments about Burke - not mentioning the word "corruption" and Brian Burke or Julian Grill in the same paragraph or sentence. This morning on ABC Radio he said the Corruption and Crime Commission had tackled the "corrosive effect" of lobbyists. Of course Burke and Grill have been singled out by his dutiful minions.

What McGinty didn't say was that Burke and Grill, his main protagonists in the ALP, were the only lobbyist scrutinised in public hearing by the CCC. His mates from his Left Faction who formed the bulk of Labor lobbyists, have been extremely busy lobbying all and sundry, seem to have miraculously avoided scrutiny.

Lobbyists who are or have been members of McGinty's Left Faction such as Clive Brown, John Halden, Megan Anwyl, Karen Brown and Roger Cook seem to have a free reign despite one of them admitting they receive regular leaks from cabinet.

McGinty repeated the spin about what a wonderful job the CCC was doing; claimed corruption by public officers was its main function, yet the legislation gives equal weight to tackling organised crime. He lauded the CCC review by Gail Archer but failed to mention that the reviewer had been given far more work than any other lawyer by McGinty.

The spin and vindictive comments the Desert Rat hears from McGinty are an embarrassment to the ALP and the Parliament.

Roberts-Smith's Retribution?

Goats will have their revenge

The Desert Rat is aware that humiliation is a very powerful motivator for retribution. Robert Mugabe can't bear the humiliation of electoral defeat and so he hangs on to power oblivious to the destruction and carnage around him. Jim McGinty, could not stand the humiliation of being wrong and so never apologised or acknowledged any failure or error when a Minister of the Crown.

Is Major General Roberts-Smith another who can't bear humiliation and has a long memory?

Recent revelations that Corruption Commissioner Len Roberts-Smith was sacked by Brian Burke when he was his lawyer in a legal action relating to the Burswood Casino in the 1980's, may help explain some of Roberts-Smith's bizarre behaviour. Roberts-Smith it appears may have been deeply humiliated by being dumped by Burke from his legal team.

Burke was dissatisfied with Roberts-Smith's performance as his lawyer and it appears Roberts-Smith may not have forgotten the humiliation. This and the following event may offer some explanation for Roberts-Smith vindictiveness, and both highlight a troubling conflict of interest for Roberts-Smith.

Robert- Smith was a judge on the Court of Criminal Appeal in the Andrew Mallard case which refused to overturn Andrew Mallard's conviction. Roberts- Smith wrote the judgment which was severely criticised by the High Court. The High Court found an embarrassing range of errors of both law and fact in the judgment. Roberts Smith was profoundly humiliated again, this time by the High Court of Australia.

The criminal justice system until then, with luminaries such as Roberts-Smith failed an innocent young man who had no history of violence and who spent 12 years in Casuarina maximum security prison.

The barrister who represented Andrew Mallard pro bono (free of charge) was Malcolm McCusker QC, the current Parliamentary Investigator of the Corruption and Crime Commission whose serious adverse findings against the CCC; Roberts-Smith continues to ignore.

Has Roberts-Smith recovered from his humiliation in the High Court's Mallard judgment?

The Desert Rat always avoids goats and camels, particularly in their feral state. They can cause some nasty injuries particularly when on a rampage, and, like the Desert Rat, have long memories.

CCC - searching for a reason to exist

The problem caused by too many over-resourced investigators

The Desert Rat found comment by Acting Parliamentary Investigator Ken Martin QC questioning the need for a corruption watchdog, refreshing in both its candour and common sense.

Mr Martin QC said in Saturday's The West Australian, there was no need for the Crime and Corruption Commission. He said a Royal Commission could be set up from time to time to investigate corruption issues.

This makes sense to the Desert Rat. The Smith Beach Inquiry has been flawed because there has been an assumption that corruption occurred and even more concerning the assumption of guilt by many public officers and others involved.

The problem with a costly and bureaucratic body such as the Corruption and Crime Commision is that is has to justify itself, particularly in the absence of any investigations into organised crime. Therein lies a danger of being entrapped in its own bubble of relevance.

Western Australia was graced by the visit some years ago by world respected Professor Christian Pfeiffer, Head of the Criminological Institute, in Hannover, Germany. In a public lecture on criminology, he related a story which showed the problem of too much policing and over-resourcing.

It went something like this...

In Lower Saxony in the 1970's there was a proposal to build a nuclear power plant. Anticipating trouble the number of police in the area was increased dramatically. There was a ten-fold in charges coming before in the courts in the area during the period of the increased police presence.

It came to pass that the plans for the nuclear power plant were scrapped for whatever reason - political or economic but the police remain for some time. Researcher from the Institute of Criminology decided to see what the effect of the increased police number and presence were and to determine their effect on the level of crime.

Much to their surprise they found that although the rate of charges had increased about ten-fold and arrests had increased substantially, the number of convictions remained the same. Nearly all of the increased charges were thrown out of the courts by the sitting magistrates and judges who regarded many charges as frivolous or resulting from police harassment, particularly of young people..

The lesson he pointed out was that too many police can be counter productive because they end up going around looking for trouble, making arrests and charging people (after harassment?) - perhaps to justify their existence, perhaps to compete with their colleagues to get noticed for promotion etc.

The Desert Rat can't help but see the analogy with the comments by Ken Martin QC about the CCC and Pfeiffer's analysis. The second round of CCC charges are about "false testimony" where witnesses have tried to recall accurately minute detail. without documents and being able to prepare for a public hearing. These CCC charges follow the dismissal of the charges over the substantive issue - in respect of Mike Allen etc..

The CCC has been investigating and charging people left right and centre but all have failed relating to Smith's Beach and other major inquiries. Most of their minor successes in other cases have been what the Desert Rat considers petty corruption when compared to the activities of organised crime.

Corruption in Western Australian politics is not rampant or widespread in the Desert rat's view. It is probably very minor and can be addressed as Ken Martin QC has suggested by a Royal Commission when the need arises.

The Desert Rat thinks it would have been informative and interesting to hear public examination by a Royal Commission of many of the Smiths Beach critics, who are competing developers in the area masquerading as concerned citizens, some of whom are probable CCC "informants"?

CCC's Mark Ingham in the witness box

Smith's Beach small part of Grill's business: lawyer Tom Percy QC

This excerpt is from an AAP news bulletin published on 28 October, 2008.

For legal reasons, comments cannot be published on the matter as Mr Grill's trial, before Magistrate Michael Wheeler, continues in January.

The CCC found Mr Grill and Mr Burke influenced or tried to influence public sector officers to engage in inappropriate conduct.

It made adverse findings against seven public officials over the Smith's Beach matter, but no criminal charges were laid.

From the AAP news bulletin article

“Julian Grill, lobbyist and business partner of former premier Brian Burke made more than 1000 calls a month to clients and associates, a court heard.

Mr Grill made so many phone calls and emails from January 2006 to March 2007, when his phone was bugged, that every detail of the controversial Smiths Beach account could not be remembered, his lawyer Tom Percy says.

Mr Grill is on trial accused of giving false testimony to the Corruption and Crime Commission (CCC) over a proposed $330 million resort at Yallingup near Margaret River.

Prosecution counsel argue Mr Grill gave false evidence to the CCC in relation to his contact with the Department of Planning and Infrastructure's head of strategic planning Mike Allen.

Mr Percy today asked CCC investigator Mark Ingham if it were true that out of 900 emails sent by Mr Grill in 2006, only two referred to Smiths Beach.

``I don't know that,'' Mr Ingham said.

``A thousand calls a month, would you accept?'' Mr Percy asked.

``He was making an awful lot of phone calls,'' Mr Ingham said.

``I don't know that it was a thousand.

``Would you accept that the telephone intercepts that have been played to this court represent a very low percentage of the (total) calls that were intercepted?'' Mr Percy asked.

``I accept a very low percentage,'' Mr Ingham said.

``I think the total volume of documentation (on Smiths Beach) ... was three pages, was it not?'' Mr Percy asked.

``Yes, it was.'' “

McGinty's Legislative Incompetence - he cops it again

CCC Act "bad legislation" says Acting Parliamentary Inspector Ken Martin QC

The Desert Rat notes that the deference shown to the defrocked self-appointed Emperor of WA and failed former Labor Attorney General Jim McGinty, is waning rapidly. A rooster one day, feather duster the next!

Fear and obeisance are a phenomenon of the past - people are now saying what they think.

Was there ever any real respect wonders the Desert Rat?

Just to drive home the point of the incompetent McGinty's legislative mess, the Acting Parliamentary Inspector Ken Martin QC is reported on the front page of today's The West Australian making comment about McGinty's Corruption and Crime Commission Act saying the stand-off between Mr McCusker and the CCC was a product of "bad legislation".

Ken Martin QC was commenting about the CCC's legal attempts to curtail the scrutiny of its activities by Parliamentary Inspector Malcolm McCusker QC. Martin added that if necessary he would fight any any Supreme Court action by the CCC to clarify (code for "limit") issues relating to the powers of the Parliamentary Inspector.

In his dismissal of the most recent failed secret action by the CCC to curtail the activities of the Parliamentary Inspector the Chief Justice Wayne Martin QC said in point 25 of his judgment:

"The powers of the Inspector are set out in s 196 of the Act. They include the power to investigate any aspect of the Commission's operations or any conduct of its officers."

The Desert Rat thinks the CCC are on a hiding to nothing, not to mention squandering taxpayer money on pointless court actions. The discredited McGinty will also continue to get a hiding now that his public power has collapsed.

CCC shows contempt for Parliament

CCC covertly attempts to interfere in Parliamentary Process

The Corrution and Crime Commission has demonstrated little understanding of the role of politicians and the interaction of MP’s with the public - both with interest groups and individuals, in its 5 year and $150 million dollar history.

It now appears they have little understanding of the concept of parliamentary privilege or the role of Officers of the Parliament.

In what is clearly contempt of the Western Australian Parliament, the CCC has tried to gag an Officer of the Parliament, the Parliamentary Inspector Malcolm McCusker QC.

Our doddering chief rooster Corruption Commiioner Major General Len Roberts Smith doesn't seem to realise that it is a contempt of parliament to assault, threaten, insult, interfere with, obstruct or resist any officer of Parliament while in the execution of his duty.

The clumsy attempt by the Corruption Commissioner Len Roberts Smith to covertly stop the presentation of a report to Parliament critical of the CCC, by its Parliamentary Inspector, is a clear breach of Parliamentary privilege.

The action was revealed by the insightful writer of CCC Exposed.

The CCC secretly sought a writ of prohibition from the Supreme Court to delay and hopefully suppress the report. That sneaky action deserves the most severe censure by Parliament. The CCC's unscrupulous operatives did this "in Chambers"; in a way that Malcolm McCusker QC could not be heard or could not respond to their grubby tactic!

The amateurish and foolish attempt to finesse Parliament was summarily thrown out by Chief Justice Wayne Martin QC in a scathing judgment which can be read here.

It is a pity the late Laurence Marquet was not Clerk of the Parliament, because the doddering CCC Commissioner Major General Len Roberts Smith would undoubtedly found himself before the Privilege Committee of the Parliament with a stern please explain.

As an Officer of the Parliament it would have been a breach of privilege by Mr McCusker to present any report containing information he knew to be false or fabricated – so if the CCC really believed that it had a case, it could have been addressed by requesting the privileges committee of the Parliament to investigate.

The real motive of the CCC was to hide their incompetence, which was again exposed by the Parliamentary Inspector.

The CCC has compounded one incompetent folly with another.

Fake Letter or Corrupt Watchdog?

Simple solution to test the truth of anonymous letter and spike CCC.

The Desert Rat has just read a copy of a letter courtesy of the audacious and daring blog CCC exposed. It was tendered to the Chief Magistrate Steven Heath in an unsuccessful action to make public the grounds for granting warrants to see if they were legal. Although unsigned, everything about the letter and the Corruption and Crime Commission behaviour point to its authenticity. It also has a disarming "ring of truth" which would be difficult to fabricate. Heath decided the unsigned letter was inadmissible and was unable to take the matter further.

If our MP's were interested in seeking the truth (and risk getting on the wrong side of the CCC), they could test its authenticity by calling CCC CEO Mike "Children Overboard" Silverstone, John Lynch and "Tanya" before the Parliament Committee that has oversight of the CCC and getting them UNDER OATH to confirm or deny whether this was said or if this was the illegal and corrupt use surveillance powers available to the CCC. The Committee should instruct them not to discuss their responses and also ask them in committee whether they had - give them a bit of their own medicine!

How did the writer know a "John Lynch" works or has worked for the CCC? Has a lawyer "Tanya" ever worked for the CCC? Have they ever had after work drinks where the alleged conversation took place? Did they discuss the rort of obtaining and using illegal warrants? The Desert Rat would also ask coy senior CCC investigator Mark Ingham to give evidence, despite the inconvenience of his appalling memory and apparent cerebral incapacity.

Lying under oath, that is, perjury; would result in a severe gaol terms and our friend "Tanya" being struck off the role for life as a solicitor. Watch the CCC run to the Supreme Court for an injunction! The Desert Rat is quite sure the truth would come out and CCC staff would be running for cover.

What are they waiting for? The following handwritten letter was delivered anonymously to the home of Julian Grill on 27 December 2007. Judge its authenticity yourself.

“Dear Julian,

I write to you because I think you, Mr Burke, Mr D’Orazio and others investigated by the CCC have been done an injustice.

I have recently heard an investigator from the CCC, John Lynch whilst in the company of his work colleague, Tanya, say that the CCC manipulates its powers to get telephone intercept warrants. This is how he said it works (and Tanya nodded).

The legislation that gives interception warrants (I don’t know its name, sorry) does so only for serious offences, John said for offences of 7 years imprisonment. But for most of the offences the CCC investigates against public servants the actual offence that is suspected is not that serious. John said that if they put on their warrant application the offence that they actually had evidence for, they would never get the warrant.

So what they do is put on the warrant application that they suspect the offence of corruption so that they can get their warrant. Then, when they get their evidence from the telephone intercepts, the charge of corruption is either dropped by the DPP at the last minute, or they run with the corruption charge (along with the more minor charges) at trial, but don’t mind losing the corruption charge because the other ones usually win.

John said that lawyers or the courts have not worked this out yet. He said that if they lost the power to get telephone intercepts they couldn’t do much at all.

He also said that there is a section that defines what a ‘reasonable suspicion’ is in order to get telephone intercept warrants. It is in the CCC Act itself. John said that this section wouldn’t ever be ‘satisfied’ for their warrant applications because they knew that they could not prove the offence of corruption on the evidence they have at the time of making their warrant applications.

He finally said that this is how the CCC has had so much success. Tanya said that she has a law degree, and that if this was ever tested at court the warrant would be ‘knocked out’. If that happened, she said all the intercept evidence would also be ‘knocked out’.

Mr Grill, I think that this is so wrong. In fact, I am disgusted. I hope by writing to you that I help you and others who have been affected by the shameful practises of the CCC.”

It is perfectly understandable why the CCC has opposed any scrutiny of their warrants by the Parliamentary Investigator Malcolm McCusker QC who the Desert Rat points out is an officer of the Parliament.

So MP's why not support him and in the process ask a few simple and pertinent questions yourselves?

McGinty's Justice Portfolio Mess

McGinty gets "Vote of (No) Thanks" from DPP and Chief Justice

"Reform flawed justice system" says DDP Robert Cock. Widow Natasha Wragg (above) now explores costly option of civil action against acquitted man.

If anyone has any doubt about the abject failure of former Attorney General Jim McGinty, the Desert Rat reckons they should read the extraordinary comments reported in Saturday's The West Australian by the Director of Public Prosecutions Robert Cock and Chief Justice Wayne Martin.

DDP Robert Cock stated the State's justice system was flawed, demanding an immediate overhaul of laws. This followed the bizarre situation where there was no opportunity to appeal against the decision in a murder case where the father of two was smashed so hard with a cricket bat over the head, that the bat broke in two.

McGinty was the Labor Attorney General for 8 years, had a monopoly of most of the legislation that went through parliament (much of it useless) and got far more than his fair share of budget expenditure to do his job, but was an embarrassing failiure.

Would Robert Cock dared to have said that while McGinty was Attorney General? - the Desert Rat thinks not.

Chief Justice Wayne Martin demands cash for Supreme Court.

Chief Justice Wayne Martin was also critical of the poor facilities at the Supreme Court, pleading to the Barnett Government to overhaul the court's "insufficient' facilities. Remember the mass breakout of prisoners from the Supreme Court a few years back under McGinty's reign?

All McGinty ever talked about was plans for this and plans for that, but never fixed the problem.

Did McGinty have an antipathy for the Peter Dowding appointed former Chief Justice David Malcolm QC?

Maladministration, poor legislation and spin were hallmarks of McGinty's 8 year reign as Attorney General and the mess and neglect has been left to others to clean up with only a fraction of the resources at their disposal as the State coffers come under pressure.

McGinty's Legacy - Electoral Reform

McGinty's Scorecard: Power (Dist.) Politics (Fail)

Power before principle, is the hallmark of much of the mess created in the name of reform by failed former Attorney General Jim McGinty.

The Desert Rat thought it would be instructive to examine McGinty's so-called electoral reform legislation. McGinty thought that by introducing one-vote one-value, he would entrench the Australian Labor Party in power in WA for the next decade. By doing a grubby deal with the Greens to get their support in the Legislative Council for his legislation, McGinty actually increased the malapportionment in the Upper House - something he hypocritically said was immoral and wanted to rid the system of!

A principled approach would have been to have equal vote weighting in the Legislative Council. The Desert Rat has no doubt that considerations of power, not justice were the driving force behind McGinty thinking and actions on electoral reform.

The National Party who were supposed to be obliterated by McGinty's manoeuvre are now quietly laughing. McGinty has handed the National Party many Upper House seats and undreamed of power in the Legislative Council.

The Nationals can't believe how stupid McGinty has been and are very grateful.

This of couse will transfer hundred of millions of dollars to country electorates at the expense of McGinty's own electorate fo Fremantle and other metro seats. Again something McGinty miscalculated. Many former ALP country voters changed their vote because McGinty showed no interest in them - he abandoned them!

McGinty's stupid comments denigrating the vital Royal Flying Doctor Service incensed most thinking and compassionate people and underlined McGinty's contempt for country people.

McGinty's electoral shenanigans came back to bite him on his polished bum. He alienated those who saw through his cheap unprincipled approach and undermined any moral authority the ALP had on electoral reform.

Goebbel's would be proud of the CCC propaganda campaign

CCC Political campaign in media more effective than their investigations.

There is no doubt that the publicity machine down at the Crime and Corruption Commission has through the media, damaged the reputation of Brian Burke and Julian Grill.

One glaring example has been drawn to the Desert Rat's attention, about comments recently made on ABC Radio by morning announcer Simon Beaumont in an interview with Dr Peter van Onselen.

Beaumont commented in the introduction:

"Mr Burke, as you know listeners, is the former Premier, Mr Grill is a former minister of the Crown. They are people in whom we enlisted our trust and respect.

I have said many times on this program their actions in influencing elected members and public officials were immoral. They were - their actions were an abuse of power. The courts will now decide if these acts were criminal."

Later Beaumont said in conclusion:

"So we can't say a lot about this now because it is before the courts, so listeners, hold your tongue there if you wouldn't mind. But one thing I would agree with Peter van Onselen on is that the stain of Burke and Grill will forever remain etched on our - on the public office of the state parliament and on lobbyists and advocates. We know Mr Burke cannot make a living these days. He cannot work as an advocate or a lobbyist. That's what I've heard at least. I hope that is the case."

The Desert Rat is not aware of any evidence of Julian Grill acting "immorally" in "influencing elected members and public officials". Nor is the Desert Rat aware of any of his lobbying dealings that were an "abuse of power" in their lawful lobbying business.

The comments by Beaumont are clearly defamatory in the Desert Rat's view and reflect the success of the CCC's campaign of media manipulation, in the timing of publicity, the selective "cherry picking' of content to damage the public reputations of both Burke and Grill.

Although Beaumont gives the impression by enlistment that he agrees with Peter van Onselen; Onselen made no such remarks in the interview about the "stain of Burke and Grill will forever remain etched...' - on public officers.

McGinty to vacate Fremantle seat for son-in-law?

McGinty has wasted ALP majority and goodwill in Fremantle

The Desert Rat predicts that time-serving, lame-duck failed Labor leader Jim McGinty will vacate the seat of Fremantle before he completes his current term. McGinty vote in Fremantle collapsed to 38% in the recent state election.

An added factor of the urgency to vacate is the failure of son-in-law Tim Kucera and his opportunistic cabal to takeover the CFMEU. Young Tim needs another sinecure. Kucera's mates were were soundly beaten in the recent ballot by Kevin Reynolds and his team.

The Desert Rat predicts that once the succession of Tim Kucera is locked in, McGinty will resign and Tim Kucera will be the ALP candidate for the Fremantle by-election. The only spanner in the works is that McGinty may think that Fremantle is no longer a safe enough seat for he son-in-law. That view is more a reflection of McGinty's neglect of the Fremantle electorate since elected. Any half-competent member should be able to establish a comfortable ALP majority in Fremantle.

Contrast McGinty's pathetic electoral performance in Fremantle with that of Julian Grill who increased the ALP vote in the strong conservative area of Esperance from 12% to about 50% over two elections whilst a Minister. Since Grill's retirement, the Labor vote in Esperance has dropped back to about 11%.

The same Left faction shambles happened in Kalgoorlie where the left faction member Megan Anwyl managed to lose the seat after wasting the large majority built up by hard-working local member Ian Taylor. Now the Labor vote in Kalgoorlie; once the "jewel in the crown" of Labor is below 20%. Now wonder the left only want safe seats in Parliament.

Fremantle deserves better than "His Irrelevance" McGinty and the sooner he resigns or is shown the door by the ALP, the better.

Life is cheap under McGinty's "truth in sentencing" laws

Three year and 4 months for vicious manslaughter under McGinty's "Truth in Sentencing" laws.

Jim McGinty's incompetence and failure as Attorney General in the pathetic Carpenter Labor Government was on display for all to see in the sentencing of 22 year old violent Geraldton thug Mathew McDonald for the manslaughter of Geraldton father of five Bill Rowe, who he bludgeoned with a cricket bat on Christmas Day last year.

Bill Rowe who was bashed over the head by a cricket bat on a Geraldton beach, died on Boxing Day.

This thug already was the beneficiary of a suspended 9 month sentence in 2006 for another bashing in Carnarvon. McDonald was not even a juvenile at the time of both offences. Instead of the maximum penalty of 20 years gaol for manslaughter, and this must rank as one of the worst cases in the Desert Rat's view, McGinty's "Truth in Sentencing" laws reduced his sentence to 13 years and 4 months.

McDonald was drunk at the time and admitted he had smoked a huge amount of cannabis that morning - which he would have been allowed to grow at home under McGinty's lax drug "reforms".

With all the other sentencing credits available to him, McDonald received a sentence of 5 years and could be free on parole in 3 years and nine months.

This is the outcome of the incompetent McGinty's "Truth in Sentencing" laws which were a major contributor to Labor's loss of government.

Is McGinty apologist Ken Travers the only person who doubts McGinty's abysmal failure as a Minister?

Lobbying MP's: CCC Report in LaLa Land says Privileges Committee

Silly report & recommendations from CCC fools given heave-ho by powerful All-Party Privileges Committee

The Privileges Committee has rejected the silly Corruption and Corruption Commission report recommendations on MP's dealing with lobbyists, describing it as "impractical and naive".

The Desert Rat is pleased to see Parliament reasserting itself since the demise of their guru Jim McGinty the former failed Attorney General who seemed to call all the shots.

Doddering Corruption Commissioner Major General Len Roberts-Smith refused to comment on the outright rejection of the report. It seems he was too embarrassed to defend his own report. MP John Quigley weigh in as well "The CCC as totally unrealistic." he said.

Needless to say MP's John McGrath, John Quigley and Ben Wyatt were all cleared of misconduct in their contact with Julian Grill and Brian Burke, after being smeared and damaged by the CCC. This inquiry and report was another grubby attempt by the desperate CCC to discredit Grill and Burke.

This is the same silly criticism the CCC made of MP John Bowler which the CCC claimed was misconduct but refused to lay charges against Bowler. The Desert Rat recently derided this stupidity dished up by Silverstone and his CCC cabal - who dismally fail to focus on real crime and corruption.

Ken Travers MLC again failed to show any independence of thought when interviewed by The West Australian, he avoided addressing the CCC's fantasyland recommendations in his comments saying he could not deal with this issue until he saw the legislation. Our Ken is always faithful to his Left faction leader McGinty.

Is Shelley Archer's charge designed to justify illegal phone taps?

Hon Shelley Archer MLC charged with a 7 year gaol - corruption offence.
Justifying dodgy CCC phone tap warrants?

Such is the Desert Rat;s distrust of the seedy operating activities of the Crime and Corruption Commission rodents, he suspects the CCC's corruption charge against Shelley Archer as revealed in yesterday's The West Australian, which clearly states it carries a seven year sentence, was just a smokescreen, to justify and cover the CCC's illegal phone tapping and bugging warrants.

It is the Desert Rats understanding, that Julian Grill still has his phone and emails tapped and his house (including the main bedroom) bugged by the CCC voyeurs. Your trusty Desert Rat is not aware of any activity or offence by Julian Grill that would warrant a 7 year gaol term required to get such a phone tap. All the charges relating to the multi-million Smith's Beach Inquiry have spectacularly failed and the Desert Rat thinks that the new phoney? charges will continue to fail, calling into question on what grounds the phone taps and bugging were granted with the knowledge of former failed Attorney General Jim McGinty.

Back to Shelley Archer: is this charge a ruse by the CCC to cover their polished arses in their suspect warrant to tap Julian Grill phone and bug his house and or part of an attempt to buy some time before some phoney "fishing expedition" warrants are open to public scrutiny?

ABCC Rally Call reveals ALP's phoney approach to civil liberties

Hypocrisy of Australian Labor Party on Display

The Desert Rat notes the bare-faced hypocrisy of the ALP's call to members to a community rally outside State Parliament yesterday to protest against the draconian powers of the Australian Building and Construction Commission (ABCC) - John Howard's building industry watchdog.

The special powers of the ABCC are mild compared to those available to under WA's Crime and Corruption Commission Act to pursue Brian Burke and Julian Grill.

It is ironic that the ALP can be so offended by the powers of the ABCC but is prepared to support and sponsor even worse legislation in the form of the CCC Act in Western Australia.

Once our State ALP acted under fairly consistently policy, then it drifted into undisciplined pragmatism; now its just brazen expediency on regular display.

CCC's "House of Cards" report on Tony McRae

CCC Clutching at Straws in desperate attempt to discredit Grill?

Why has it has taken two year for Dad's Army's lazy drones down at the Crime and Corruption Commission to decide that Tony McRea committed serious misconduct in his dealings with Julian Grill?

Astonishingly, we are also told the state's corruption watchdog the CCC, will not pursue further action against Mr McRae and has recommended he not be prosecuted!

What are these fools on about?

It has taken two years to write a simple report the Desert Rat would complete in half a day; in which they defame the former Minister and taint Julian Grill by association - but no charges are to be laid!!

The Desert Rat would like to know who sold drugs to Ben Cousins and thousands of other young people around Perth! That may be worth the $150 million that CCC CEO Mike Children Overboard Silverstone has profligately wasted predominantly on the socially and economically constructive and legal lobbying activities of Burke and Grill.

The Desert Rat can only conclude that the timing of the release of this finding is designed to weaken Julian Grill's public standing in the false evidence charge instigated by the CCC and currently before a Perth Magistrate.

Recent charges related to two year old hearings were bought for the same reason the Desert Rat suspects. The CCC and Mike Silverstone are desperate to find anything to justify the ten of millions of dollars spent pursuing Brian Burke and Julian Grill.

The biggest fear now for the CCC is being sued - so they have to maintain the pressure and so charges and reports will continue until the CCC exhausts all of Burke and Grill's financial resources and will to fight. A conviction will only be the icing on the cake.

The Desert Rat can only conclude that the CCC are not confident of their case against Julian Grill and want the public to think he was guilty anyway if he successfully defends the charge.

The alleged dealing was a land rezoning recommended by the Dept of Planning and Infrastructure that neither was aware of, and that was conveniently linked to a fundraiser that never took place - no wonder there were no charges, just a CCC public report designed to smear and damage reputations.

CCC Tarts get Nasty with Bowler

CCC adjudges Bowler LBW - a metre outside the off stump and off a No Ball

The incompetent Crime and Corruption Commission has magnanimously decided that John Bowler MLA (who was recently re-elected with over 60% of the vote) should not face further disciplinary action for not keeping official records of his contact with lobbyists.

What puerile nonsense!

Did failed Minister Jim McGinty keep official records of every contact he had with Left lobbyists - powerbroker John Halden, ex resources minister Clive Brown, ex Kalgoorlie MP Megan Anwyl, and new deputy ALP Leader Roger Cook - all active lobbyists. Hardly likely!

Why do these clowns expect official records to be kept of every meeting and phone call they have of everyone that approaches them?

If the CCC thinks Bowler has engaged in misconduct, then the CCC should state its case.

The Desert Rat can only congratulate John Bowler and Julian Grill for their work in getting the Windimurra Vanadium Mine reopened after it was bought and shut down by multinational Xstrata, who then sourced vanadium supplies from its cheaper South African mine putting 300 men and women out of work.

That was more productive than 150 Crime and Corruption Commission employees spending $150 million over the last five years pursuing legitimate lobbyists such as Brian Burke and Julian Grill - who solve real problems. The CCC has not ventured near drug dealers or organised crime and the people who destroy our society - that is personally too risky for them and their families, too hard and not as glamourous as phoney political "scalps" for our CCC tarts.

CCC - a media Harlot?

CCC - working the media to discredit Burke and Grill

The blatant political activities of the Crime and Corruption Commission were on display when they announced the further charges against Brian Burke, Julian Grill and Norm Marlborough.

The announcement was designed to get prime time evening television coverage and upstage the opening of the new State Parliament.

The alleged charges arose from evidence given at public hearings 2 years ago! The public hearing were a device to use the media to discredit and prejudice the reputations of Burke and Grill. They amounted to a show trial - trial by media if you like. The most salacious and gratuitous material was aired to achieve the desired effect. Neither Burke or Grill could cross-examine their accusers!

Why did it take two years for Dad's Army to lodge these new charges? Have theybeen lodged because every other charge has been thrown out of court?

Watchdogs and prosecutors are there to put all the facts dispassionately, not to run blatantly political campaigns to push their own careers or justify their public funding and existence.

Western Australia has seen many serious miscarriages of justice where overzealous and ambitious prosecutors and police have been blinded to alternative explanations; have ignored or not disclosed exculpatory evidence in order to get convictions - and a feather in their collective hats. The CCC has been a prime offender.

It is appropriate that this incompetent and political outfit was not called the Anti Crime and Corruption Commission.

In recent years we have seen three murder convictions overturned - Andrew Mallard, John Button and Darryl Beamish, after collectively serving 32 years in gaol; men who were convicted when there was palpable evidence as to who was the real killer. Evidence that was incompetently ignored or selectively ignored.

In the last case, the Court of Appeal hearing, the former Judge and current Commissioner of the Crime and Corruption Commission Major General Len Roberts-Smith was not convinced that John Button was innocent. Button's lawyer Malcolm McCusker QC had to take the case to the High Court to finally get justice.

Investigations of matters where there is evidence of corruption is essential; political motivated witch hunts have no place in our democracy.

Some of the current CCC media activities have all the ingredients of 1950's McCarthyism - which prejudice the possibility of a fair hearing or trial.

McGinty's Coup: Inpex Gas hub to NT, WA Labor to the dog house

Sidelining Troubleshooter Grill - Cost State Labor the $25b Inpex Gas Project and Government

Jim McGinty must be ruing the sidelining one of his perceived political rivals Julian Grill - as Labor's political negotiating weakness was exposed in the Inpex saga

The ironies the Desert Rat sees in the failure of the Carpenter Labor Government to secure a Kimberley site for the $25 billion Inpex Gas Project was that if Julian Grill was involved, the gas hub site would have been resolved.

Solving those types of problems formed about half of the troubleshooting work that Grill had been doing as a lobbyist for mining and energy companies. His main task it appears was overcoming problems resulting from the Labor government's negotiating ineptness. Grill work on mining and energy issues continually saved the Labor Government's bacon. Most Cabinet ministers were too stupid to realise it and those that knew, could not admit it publicly.

The Labor Government Ministers, their political advisers and the public service did not have the skills to negotiate a Kimberley site and the legion of other environmental problems confronted by business. Business needed people like Julian Grill who had the skills and that is the reason why the demand for lobbyists went "through the roof" under Labor.

Julian Grill, was unfortunately sidelined by the shenanigans of McGinty's Corruption and Crime Commission. The Inpex gas hub site negotiations drifted frustratingly for Inpex for years and they could not get a decision from the Labor Government.

There were many mining projects with issues that the ineffectual Labor Governments did not have the political will to resolve, particularly, environmental issues and Aboriginal matters that needed some political skill and negotiating sensitively to resolve. At least half of Grill's consultancies were related to environmental issues that mining companies could not get any decision from the State Labor Government.

Grill has superb negotiating skills and often successfully engineered win-win situation for both parties - where the Labor Government was paralysed for fear of alienating Aboriginal or environmental groups. That's why Grill was so much in demand. He resolved so many problems in this area, that without his efforts the Labor Government would have been "on the nose" years before the public began to sense it's inability to make decisions where Aboriginal or environmental issues were involved.

McGinty through his political pursuit of Grill and Burke and the CCC grubby campaign to discredit them and sideline them as troubleshooters / lobbyists, ensured the problems now remained unresolved and became running sores. The frustration in business grew as the myriad of problems lingered.

The Desert Rat often wondered how the Labor Government got away with it for so long. In the end they didn't because there was no one who could fix the problems they previously avoided.

The result was that Labor lost the election at a time of great prosperity for most and McGinty and others have lost their precious glass palaces - shattered by the electors who thought they needed a little bit of political fresh air in the electoral wilderness.

Another failure which can be sheeted home to Jim McGinty, the person who has had too much influence on the Labor Party in recent years and squandered it on internicine vendettas at the cost of the Party. Well done, Jim!

McGinty's Fiona Stanley Fiasco

McGinty's Fiona Stanley Folly - "Calm before the Storm?"

The Desert Rat is a bit mystified as to why the Liberals haven't called our failed Health Minister Macavity McGinty and the Carpenter Government to account over the continuing shambles at the Fiona Stanley Hospital.

The cost blowouts, the earthworths contract and the cuts to services all reflect McGinty's administrative incompetence.

Earthworks Contract

At taxpayer expense we have seen glossy brochures sent to all and sundry in the run-up to the election campaign which extol the virtues of the Carpenter Government. Stamped on the brochure is "Construction Commenced".

Take for example the site earthworks. The Desert Rat was informed by one contractor that they looked at the earthworks tender and declined to put in a price because they thought it too risky.

Why? Because Fiona Stanley is a contaminated site. It is a former area of silted-up swamps, the area has acid sulphate soils, which have to be removed from the site, because they will eat at the concrete and steel in the foundations. Soils in this area contain naturally occuring iron sulphide which when exposed to air turn into sulphuric acid. The government wants a fixed price contract to be completed in a compressed time frame - a recipe for major disaster and litigation for contractors. Remember the Government contaminated site fiasco with the Minim Cove development at Mosman Park.

The Desert Rat is unsure if McGinty means the pre-election media stunt showing Fiona Stanley, McGinty and Carpenter shovelling at the phony start of "building" is all the construction that has taken place.

It is highly probable that if they have managed to let the earthmoving contract, without secretly amending the conditions of the contract if removal of hazardous waste has been underestimated and the time frame is not flexible.

Cut to Services - Obstetrics and gynaecology gone!

Jim McGinty's planned obstetrics mess has further deteriorated. The Obstetrics and Gynaecology Department was part of Stage 1 when Woodside Hospital and Kalamunda Hospital maternity services were shut. It wasn't announced when later the Obstetrics and Gynaecology had been moved to Stage 2 and a month ago it was scrapped from Stage 2. No Obstetrics and Gynaecology at Fiona Stanley - despite the promises and the incredible pressure on King Edward Memorial Hospital.

The only reason why it has been scrapped is to contain costs at Fiona Stanley Hospital and have the public believe the blowout are less than they really are. All about perception, nothing about substance and reality - spin, spin spin.

Cost Blowout - now over $2 billion!!

In a previous post the Desert Rat pointed out that Fiona Stanley costs had blown out by $1339 million , from $451 m when it was announced in 2005 to $1721 in the December 2008 estimates. Those figures are now 9 months old and the price of steel went up 38% in the last 12 months as well as other costs adding another $500 to $600 million in costs. By the time construction starts the cost will be well over $2 billion. It is a fiasco.

Very few building contractor are interested in taking on the job because of the short time frame and fixed price contract that McGinty wants to cover his political arse in the short term. He will be retired when the shit hits the fan! The unrealistic expectations created by McGinty are pure politics.

We get the politicians we deserve it seems.

Mt Kilimanjaro - Quintessential monitor of global warming?

Of volcanoes and glaciers

One has to be careful drawing the conclusion that the retreat of glaciers is evidence of climate change. The glaciers of Mt Kilimanjaro in equatorial Africa have been referred to in American Scientist as a poster child for global climate change. This mountain has lost 90% of its glacial cover since first climbed in 1889.

Is this enough evidence to prove climate change?

Some more observations by Professor Neil Phillips a geologist in a letter to the AGE 30 July 2008, may help.

"Most of the glacial retreat on Kilimanjaro happened before World War I - that is, almost a century ago. Second, because of its altitude of 5895 metres and position three degrees south of the equator, Kilimanjaro does not have a hot and a cold season, and the temperature at the summit rarely exceeds minus 3 degrees. Glaciers do not melt in this temperature range.

Third, glaciers extend down from the outer crater edges of Kilimanjaro but are absent in the crater, where there is a 20-metre ice wall; these glaciers appear to be retreating from the top.

More likely than climate change, the Kilimanjaro glaciers could be retreating because of increased volcanic activity below the crater. More volcanic heat means melting of the snowfall rather than replenishment of the glaciers' source.

We cannot prove Kilimanjaro's glaciers are retreating because of volcanic heat, but we need to be careful before jumping to conclusions that the poster child of glacier retreat is support for global warming. The main message here is that the obvious answer may not be the correct one.”