Fong Crucifixion Backfires: McGinty up to his neck in it

Western Australia's new Opposition Leader Troy Buswell has released secret documents that reveal Attorney-General Jim McGinty is up to his neck in the Burke-Fong Affair.

Last week, the Western Australian Secret Police (otherwise known as the Corruption and Crime Commission), released a report into their investigation of Dr Fong over his relationship with Burke. Although they found no evidence of improper dealings, their report recommended that Fong be charged for allegedly concealing the fact that he knew Brian Burke and had some small amount of legitimate correspondence with him.

Notwithstanding the bizarre thought process leading up to this recommendation (which is surely in breach of International Covenants relating to Freedom of Assocation), McGinty acted hastily to appease the Secret Police and procured Fong's resignation, claiming he had been "misled" by Fong.

Mc Ginty obviously thought that the crucifixion of Fong - and his own shrill denials of any knowledge about the contact between Fong and Burke - would save his political skin.

But it all came unstuck today when Troy Buswell released a copy of an email from the Socialist Left Supremo's spin doctor to Dr Fong, which clearly instructs Fong to play down his links with Brian Burke.

In this evening's report in The West Australian, Buswell says it is clear that McGinty has been "front and centre in the process of trying to cover up Dr Fong’s relationship with Mr Burke." And furthermore, the Attorney-General misled Parliament when he claimed to have no knowledge of a Freedom of Information request concerning the contact between Fong and Burke.

Buswell's excellent forensic work has put McGinty under extreme pressure as he now attempts to spin his way out of what is looking increasingly like an elaborate tissue of lies.

First blood to Buswell, and congratulations to The West Australian for a genuine scoop. Could this be the beginning of the end for the Carpenter/McGinty Government?

Posted today by Black Jack, read here

How Lobbyists Burke and Grill shafted McGinty to get justice for the ageing victims of the Finance Brokers. (Updated)

The Desert Rat has come to the conclusion that there would have been no settlement for the Finance Broker’s ageing victims without the lobbying of Burke and Grill.

Burke ran the campaign against Attorney General McGinty, and Burke can at least be described as an honest broker in this affair. Even the most jaundiced critic would concede that in pressing for mediation and settlement of this matter, what Burke and Grill achieved was in the public interest.

It was when the media mentioned that Burke and Grill had some involvement in the Finance Brokers settlement, that the Desert Rat's ears pricked and he decided to investigate. The Finance Brokers scandal was the issue that broke the back of the Court Government before the 2001 election. At a public meeting of finance broking victims organised by Denise Brailey at Redcliffe in May 2001, McGinty himself said he considered finance broking to have been the most important issue in the election of a Labor government.

McGinty had carriage of the Finance Brokers scandal for the ALP Opposition and was very effective. McGinty was helped by many people who wanted justice for the ageing victims. That help has never been adequately acknowledged by our immodest Emperor.

First McGinty had to rely on the crucial vote of Independent Mark Nevill to get an Inquiry into the issue by the Upper House. The Desert Rat understands that this was agreed at a meeting at the Left Bank in East Fremantle between Nevill, McGinty and lawyer for the victims Doug Solomon. Nevill extensively rewrote the clumsy Term of Reference that McGinty proposed to use. These were put forward by Ken Travers MLC one of McGinty’s Socialist Left apparatchiks. The original Terms of Reference would have taken the Committee nowhere.

Publicity from the Committee resulted in the Court Government getting a pasting in the media. McGinty effectively ran the argument in State Parliament.

Recently it was revealed (not disputed by McGinty) that McGinty read almost verbatim in Parliament draft speeches written for him by lawyer Doug Solomon. This was exposed after the Government had the temerity and hypocrisy to criticise Anthony Fels MLC for using one speech written for him by Noel Creighton-Browne when McGinty was “guilty” of repeated use of Doug Solomon’s speeches!

McGinty also made a number of written commitments before the 2001 election concerning a judicial inquiry into the affair, and compensation for the ageing victims (who lost money) from the State, if responsible, without expensive and lengthy court proceedings. He also made verbal promises to victims at various pre-election meetings around the State organised and attended by Denise Brailey.

The ALP won the election and those who lost money thought that McGinty would be true to his word.

Doug Solomon pressed the case for compensation on McGinty and suggested the issue be made a term of reference of the Temby Royal Commission when it was announced in April 2001, but McGinty wasn’t interested in the settlement proposed, or even making the State's responsibility and compensation terms of reference of the Royal Commission. Doug Solomon was at his wit end trying to help the ageing victims of the Finance Brokers receive the compensation which, in the light of the pre-election promises, they expected when Labor won office. In frustration Doug Solomon and Denise Brailey turned to Hugh McLernon a first cousin of McGinty who runs IMF - a litigation funding specialist because it had become obvious that, without litigation funding, the victims' claims would die with them because they could not possibility fund a major claim against a Government Board. Hence, the victims faced precisely the the outcome which McGinty had promised before the election would not befall them under a Labor Government.

IMF funded legal proceedings commenced in the WA Supreme Court for compensation and damages on behalf of the ageing victims in two separate claims. The first was against the Finance Brokers Supervisory Board (later the State Government after the Board was abolished and its liabilities passed to the State) and the second against the professionals, (mainly lawyers, but also accountants, finance advisors and auditors, etc) who had negligently advised the victims to make or been involved in their making the investments in the first instance.

McLernon pursued settlement of the matter with McGinty but this was unsuccessful. There were around 3000 claimants and the State Solicitor's Office was very slow in reviewing the large number of available documents. The "go-slow" meant it would take many years to photocopy the files if the process proceeded at the same rate and all the victims would be dead and before there was a court judgment or settlement. The proceeding that were pursued against the State were both extremely lengthy and expensive, an outcome diametrically opposed to that promised by McGinty before the 2001 election.

The Desert Rat understands that McLernon in his frustration, contacted Burke and Grill to see if they had any ideas. They thought they could help get a mediation to negotiate a settlement for the Finance Brokers ageing victims and agreed to do the work for a modest monthly fee which didn’t reflect the amount of work involved. The current law prevented them from negotiating a success fee if they wanted one. Burke and Grill at this time had more work than they could handle, but took the job on. They actually have a social conscience and cared about the ageing victims.

It was the political campaign run by Burke and Grill that broke McGinty’s intransigence and forced McGinty to pay out. This will be denied by McGinty but he will have to give an alternate view of events to convince the public.

Burke essentially ran the campaign. Burke is a master at organising a political campaign and that is the reason why he is feared by McGinty and those who need his support such as Carpenter – because Carpenter has little authority of his own.

Burke organised letter campaigns to Members of Parliament and Ministers. He organised aggrieved investors to approach the media and probably coached them as to how best present their case. The Desert Rat suspects Norm Marlborough and other non-Left captive Cabinet Ministers were putting pressure on McGinty (and Gallop or Carpenter?) in Cabinet to finalise the settlement with the Finance Brokers ageing victims. A massive Billboard campaign was organised at the West Perth subway and other highly public sites to highlight the number of investors that had died waiting for McGinty to settle their compensation claim. The number of deaths displayed on the billboard was amended from time to time to reflect the increasing deaths among the pensioner investors.

The political pressure mounted because of the obvious and undeniable duplicity apparent from the pre-election promises to the victims and the post-election failure to honour those promises and, finally, McGinty wanted out. He then started to punish those who helped the Finance Brokers aging victims. The Desert Rat understands a condition of any settlement was that McLernon’s IMF was not to get from the settlement proceeds more than half half the success fee the success fee previously agreed to between the IMF and the ageing victims, despite the victims being happy to pay the agreed fee because, without IMF's substantial funding support, they could not have sued the State. Burke and Grill were not to get any payment from the settlement sum.

Well the ball’s in McGinty court. Do you dispute these events? Will we get a response or a writ?

McGinty may have a different story to tell. He can do that uncensored in the comments section after this post.

McGinty Still Flouting the CCC Act

Being above the law! Attorney General McGinty and the CCC Act?

A check of Tabled Papers at Parliament House today shows the McGinty still hasn’t tabled the Review of the Corruption and Crime Commission Act 2003 which he was required to present by 1 January 2008. That is within four years of the Act coming into force.

McGinty’s clear breach of his own legislation and the law of the land was drawn to the public attention in a previous post which can be read here.

Has his favourite legal reviewer Gail Archer failed to deliver the report on time? Has she been too busy doing other work for McGinty to complete the report? Has Gail Archer already given the report to McGinty? Has McGinty send it back to her for changes? Has McGinty been given a final copy? Is he too busy to read it? Is he sitting on it in a state of paralysis?

Whatever the reason he should make a prompt explanation to the public and members of parliament. McGinty as the first law officer should set the example and respect the law. How can he expects other to respect the law when we see his behaviour.

The Desert Rat insists McGinty should charge himself for this breach of the Act - forthwith!

McGinty Botches Mickelberg Payout Deal

Black Jack's analysis of this scandalous financial stuff-up, first exposed by The West Australian, can be read here.

A spokesman (pictured above) for McGinty, a Socialist Left advisor and the bean-counter in charge of McGinty's major capital works projects, said that the story lacked "spin" and that Emperor McGinty had no comment to make about his Ministerial financial mess.

Fiona Stanley Hospital Fiasco – Further $669 million Blowout in last 12 months

McGinty’s Folly: When will this Incompetent Minister Resign?

The Desert Rat’s predictions about Fiona Stanley Hospital blow out have been spot on again. The Carpenter Government Treasury Department projections in mid December Review, which can be read here, show a further $669 million blowout bringing the total blowout to $1321 million and the total cost to $1721 million.

“Of note, the Government has approved a $669 million increase in the cost of the new Fiona Stanley Hospital, bringing the total cost of the project to $1.761 billion. Largely reflecting clinical, service and design-related changes, most of this increase falls outside the current forward estimates period.”

Tim Marney Under Treasurer December 2007 Mid Year Financial Projections (Page 3)

Any normal Minister would have been sacked years ago for this incompetence, but not Jim McGinty – so complete is his hegemony and control over the Cabinet, the Caucus, the State ALP and the instruments of Government.

The table below from the Desert Rat's previous post on Fiona Stanley Hospital, documents the public record statements in Parliament showing McGinty’s mess. The latest Treasury review figures (in green) is concerned only with costs. It does not make any mention of delays in the completion date or changes to the number of beds or designs.

Year	Cost	Beds	Completion Date	Blowout
2009	$2 billion?		2015	$1600 m 5 years?
2007 Dec	$1761	643?	Early 2013?	$1321
2006 Dec	$1092 m	643	2012	$672m Delay 2 yrs
2005 Sept	$ 742 m	610	2011	$322m Delay 1 yr.
2005 Feb	$420	591	2010

We know McGinty has secretly scrapped the promised Gynaecology and Obstetrics Department from Stage 1 at Fiona Stanley to save money because of the Budget blowout at Kaleeya Hospital resulting from the foolish closure of Woodside Maternity Hospital in East Fremantle.

The blowout in the Fiona Stanley Hospital budget since the last published figure in December 2006 has been $1 830 000 a day!! That an extra dollar a day from every Western Australian!

A fool and his money soon part company is an old maxim. Unfortunately it the taxpayer money that is being lost when the fool should be departing.

"Whatever happens we have got
The Numbers, and they have not."
Apology to Hilaire Belloc "On power" 1870-1953: The Modern Traveller (1898)

Exposed: CCC’s “House of Cards” Inquiry into Smith’s Beach

The person, who undertook the investigation and report recommended by the Corruption and Crime Commission into public servants Paul Frewer and Mike Allen involvement in the Smith’s Beach development applications, is both brave and honest. His or her findings that neither public servant had a case to answer did not surprise the Desert Rat or any other impartial person who had read the CCC report. However, the Desert Rat would have thought the two men would stand little chance of a fair hearing in this situation by politicised public servants!

Honest because the case against the two public servants Paul Frewer and Mike Allen by McGinty’s CCC was without any real basis or merit and that finding, would not be surprising if done by an independent person outside the public service. Neither Carpenter nor McGinty will be pleased by the findings which exculpated the two men. It’s the Desert Rat’s view that both are spitting chips.

Very brave also, because we are told in today’s The West Australian that the inquirer is a public servant, who the Desert Rat believes will be very vulnerable to retribution by those who are deeply embarrassed by the exoneration of Frewer and Allen. There is too much political capital involved here.

Will the knives will be out for the person’s scalp? Will there be a price to pay for telling the truth? The Desert Rat suspects so, because the person who did the inquiry, has, by finding they have no case to answer, completely undermined the “House of Cards” case that the CCC built in the Smith’s Beach Inquiry.

It is a pity McGinty and Carpenter did not release this secret report and identify the investigator. That way the media and the public could find out more about the flimsy case against these men and analyse the reasons and findings as to why these men were vindicated and the role and actions of Brigadier Silverstone’s goon platoon at the CCC.

Are Carpenter and McGinty conveniently hiding behind the secret Public Sector Inquiry report? The last thing they would want is to hear that the Smith Beach development inquiry did not involve anything that would warrant the millions of dollars of investigation, camera surveillance, tailing, phone tapping, email and fax interception, house breaking and bedroom bugging. All undertaken by the CCC goon platoon led by our erstwhile Brigadier Silverstone fresh from his central role in the “Children Overboard” scandal and the cocked-up and incorrect evidence given to the State Parliamentary CCC committee.

Mr Allen’s comment on hearing he was exonerated was “I never had any doubt that this would be the outcome.” Well Mr Mike Allen, don’t assume the CCC have finished with you yet. The Desert Rat is aware of other friends and family members of victims on the CCC “villains list” who have been targeted and harassed.

The CCC has managed to destroy many people’s reputation, people’s businesses and untold legal expenses in the process of getting the political scalps of Burke and Grill. The cost to the taxpayer of the CCC now exceeds $70 million.

McGinty: Engorged with Taxes; Bereft of Ideas

No Ideas we Know - Gearing up for an Early Election?

The Desert Rat notes in today's The West Australian, that Jim McGinty has advertised for 15 "Policy" positions in his two Departments.

Ideas have never been a feature of McGinty's record. In fact the Desert Rat can't think of one significant original initiative he has ever generated in Opposition or Government. Power is paramount, but using it wisely for the benefit of the wider community has not been his strength. Burke and Grill have imagination and problem solving abilities, talents not valued by our legislation and brick and mortar obsessed Emperor who incessantly tells Parliament about his majestic "vision".

Today West on page 36 and 37 of Professional Appointments, McGinty's Attorney General's Department has advertised for 11 policy officers. Six have salaries of over $100 000 each! The other 5 have salaries of up to $88 000!

The advert doesn't say what policy areas of expertise are required, so the Desert Rat assumes McGinty has no idea either. Is this the suffering taxpayers funding the ALP "reseach" for the upcoming election campaign? Does McGinty want policy ideas generated for the State election to showcase his fabled "vision" that he rattles-on about in Parliament?

The Desert Rat asks McGinty, "What happened to your secret project to build a prison for mentally-ill offenders?" That was a meritorious initiative (albeit poorly conceived) - that he failed to deliver. He couldn't get out of his "bad" news prisons portfolio quick enough, so he split off the Justice part so he could keep control of the Corruption and Crime Commission and retain his Atorney General status to add puff and flatter his majesterial demeanour.

Over the page in "The West" there are 4 more policy and project officers for McGinty's Department of Health. Two policy officer at a salary of $78 000. Two project and program officer at slightly lower levels are part of the advert. You can safely bet there is a cast of hundreds of other policy officers already creating havoc in the public service - most without life experience.

At this rate McGinty will have more policy officers than journalist staffing his Ministerial Office and Departments. McGinty already has more than his share of the Government 640 media-trained ex-journalists and hacks, churning out the spin. They continually write and feed hospital stories and photographs to the local media - to the extent that they now often need one journalist for a throw-away. All feel-good stories to bolster McGinty's image. It is all about superficial presentation but lacking in content.

The Desert Rat suggests that Jim McGinty focus on what needs fixing in his Departments? If he doesn't know, get out of the cocoon he shelters in and talk with the staff in your departments - the staff that do hand-on work. Not the managers, and not your media hacks and policy, program and project officers.

The public are tired of politicians' visions, particularly the majestic visions of self-appointed Emperors. We just want the things that don't work fixed or improved. That's where the effort should be. The Desert Rat's advice to McGinty is to forget the incessant spin.

The Desert Rat believes the prodigal McGinty's greatest contribution to public policy would be an extended taxpayer funded holiday in his beloved Italy. That way less taxpayers money would be wasted.

Three Questions for Emperor McGinty

McGinty replaces the rule of law with the “vague” rule of men.

The Desert Rat issues a simple challenge to Jim McGinty; to answer three questions:

1. What lobbying, in which Burke and Grill were involved was against the public interest and why was it against the public interest?
2. What criminal or corrupt conduct were Burke and Grill involved in?
3. Is there any evidence or suggestion that Burke or Grill bribed, forced, or intimidated anyone in their lobbying activities?

Vague legislation undermines the rule of law because it sets the stage for tyranny, and real corruption of the political process by those who administer the legislation.

We should not pass laws so vague that you cannot know whether your actions are lawful.

Knowing whether your actions make you liable for punishment is not a matter of reading the legislation but of predicting the sensibilities of people in the Corruption and Crime Commission. That is not just predicting their sensibilities towards your actions but also towards you.

The Desert Rat watched Jim McGinty on Rebecca Carmody’s ABC Stateline program in 2006 which you can read here, where McGinty thoroughly defamed Burke and Grill without making any specific allegations of misconduct against them. Corruption, criminal conduct, misconduct and misbehaviour were sprinkled throughout the interview by McGinty. He predictably praised the wonderful work of the Corruption and Crime Commission (CCC) for exposing “it”.

What was not clear to the Desert Rat is what McGinty was specifically alleging in this nasty and gutless attack aimed at tainting both men. This defaming of Burke and Grill seems to have become common form for Carpenter and McGinty, to the point of obsession.

Former CCC head Judge Kevin Hammond acknowledged this problem when speaking to a group of lawyers during his tenure. He highlighted the problem of vague legislation when he said “... it could be difficult to precisely define misconduct. Misconduct occurs when a public officer abuses his or her authority for personal gain or generally acts contrary to the public interest.”

Therein lies the problem. When the citizens cannot know in advance of taking an action as what they are permitted to do, they can be at the mercy of ruthless and insidious forces. They can continue their legitimate business as usual and find themselves in a legal and political maelstrom.

The Desert Rat believes there is a substantive case of misconduct which could be raised against the Corruption and Crime Commission.

When we undermine the rule of law, potential targets of government such as Burke and Grill, are judged on the whimsy of unknown “faceless” individuals in the CCC because the law is so vague.

Allegations were also made against John D’Orazio by the Corruption and Crime Commission and he was publically investigated and humiliated. John D’Orazio was not found to be guilty of any corruption, or criminal offence or even the vague charge of “misconduct”. Rather than clear D’Orazio, the CCC authors besmirched him and “found” D’Orazio guilty of the non-existent “offence” of “acting inappropriately”.

He had not broken any law, regulation or guideline to the knowledge of the Desert Rat, but he got a gratuitous damning comment from unknown people in their Corruption and Crime Commission in their report. The Desert Rat suspects the vacuous finding was to avoid loss of face or credibility and was to justify the enormous resources invested by the CCC to build a case to have D’Orazio charged. No such case existed.

A large part of the problem is that McGinty’s CCC laws are too vague and they result in these messy subjective processes and findings. Vague legislation undermines the law and the Desert Rat believes there is a price to pay for undermining the law, because it sets the stage for tyranny, and real corruption of the political process. The longer the CCC continues its activities; the truth of this prediction will become evident.

Most of the CCC staff have 12 months left on their 5 year contracts and because of normal financial commitments will be desperate for “success” and re-employment. The incentive to get political scalps, no matter what the cost, is extremely strong especially in the case of Grill and Burke.

McGinty has little incentive to fix the CCC Act so that it is easier for them to tackle organised crime, while their hounding of arch enemies Burke and Grill consumes most of their budget.

It is easy to be spineless and hide behind the cowardly style of innuendo in the Stateline program. Does Jim McGinty have the courage to state his case or is this inquisition just a hopeful fishing expedition to destroy your political rivals?

McGinty should put up, instead of tainting people with vague epithets and hiding behind vague legislation that serve his own political ends. We are waiting for your answer to the three questions, Jim.

McGinty’s Sacred Cows

"Where the bee sucks, there suck I:

In a cowslip's bell I lie;"

William Shakespeare

Until her recent Damasene conversion, Professor Fiona Stanley was a strong advocate against mandatory reporting of child abuse and her advice was accepted by Jim McGinty and the Gallop – Carpenter Government for years. Recently the Government abandoned this position and joined the other states in introducing mandatory reporting. Professor Stanley reversed her position and followed suite.

The Desert Rat has no doubt that the Telethon Institute of Child Health (Institute) and Dr Fiona Stanley have made significant contributions to medicine in WA. What the Desert Rat questions is the healthiness of McGinty’s worship mentality and eagerness to unquestioningly associate himself with the Institute and this woman of high community standing.

Professor Stanley has had the ear of all governments for two decades. The Telethon Institute of Child Health Research spends over $20 million a year. What research has it produced that Jim McGinty has applied in Aboriginal health? What long term benefits have been achieved by the Institute in field of Aboriginal health?

There needs to be some independent assessment of the value of the work of the Institute. The Desert Rat thinks that McGinty should show us that he is not an invertebrate and have an independent assessment of the effectiveness of research programs at the Institute.

The Telethon Institute of Child Health last year devoured over $20 million, a lion’s share of research funds and donations for medical research in Western Australia – possibly to the detriment of more worthy Western Australian medical research. The Desert Rat suggests that the quality of some or the Institute’s research and the benefit Aboriginal people has been very questionable and the focus quite pointless.

Dr Stanley’s emotional outburst at the coroners Court hearing in Derby would suggest to many observers that her frustration is getting the better of her and that she may be part of the problem in getting improvements Indigenous affairs and health.

Dr Stanley knows the appalling Aboriginal health statistics as well as anyone. Her passion is not in question. She emotively described the health of today’s Aboriginal children as another “stolen generation”. She called for a taskforce to be sent North immediately. She blamed non-Aboriginals for the mess. “It is not an Aboriginal problem, it is our problem” she declared.

The Desert Rat believes criticism in Indigenous issues should be constructive. Foremost, Aboriginal people need to take responsibility for their children’s education, their diet, their own drug and alcohol consumption and their government provided houses.

The continual depiction of Aboriginal people as victims by the Socialist Left and other concerned people and groups is very destructive of the Aboriginal spirit or anyone’s spirit for that matter.

One long running and expensive research program run by the Institute, told us something we already knew – that swimming pools on Aboriginal communities helped clean up skin conditions. This has been known from the Blackstone Community which had a salt water pool operating for years back in the early 1980’s. The report also said that swimming pools improved school attendance – which you would think was self evident if only kids who attended school were allowed to use them.

The Desert Rat could not see how the Institute could have compiled any objective empirical evidence for its research, as only one community with a pool had complete medical records that were rigorous enough. That was the Jigalong Community which has had resident doctors for 6 years. It did not need hundreds of thousand s of dollars and many years of research to tell us that.

The Institute claimed swimming pools improved school attendance. This was contradicted by Jigalong the only community with health records, where the Jigalong School attendance dropped from 70% to 30% in the year preceding the report. The politically correct name is now the participation rate (not school attendance or truancy). In plain English, the number of kids being truant at Jigalong School increased from about 30 to 70 a day. That left a situation where there was one staff member for every 2 students.

The Desert Rat would also point out that this appalling state of affairs happened under the watch of the sanctimonious Alan Carpenter, possibly the worst Education Minister this State has ever seen. He did not tackle the truancy problem. The Halls Creek District High School Principal Garry Smith who did tackle the problem was put into Coventry, told to take all his accumulated leave. He was effectively sacked by the Minister. The Aboriginal people in WA lost him and his very experienced teacher wife.

The Desert Rat thinks the Report following the 6 or 7 years research on the benefits of swimming pools, was not worth the paper it was written on.

The Institute’s research and report on Aboriginal education was also of doubtful benefit or value. Both reports got widespread national media coverage!

Even the best research bodies need independent review to improve their performance and encourage continued community donations. Until the Institute is peer reviewed, St John's Ambulance and others will get the Desert Rat health donations.

Is Jim McGinty our prodigal Health Minister capable of an objective and accountable approach to medical research?

McGinty’s Obstetrics Mess (Part 1)

What Vision? Just Indecision and always Division*

Health Minister Jim McGinty incessantly talks about his health vision. The Desert Rat suspects McGinty does not have a coherent strategy; rather he is just preoccupied with short term fixes to crises. This usually results in shifting the problem rather than fixing it – thus ensuring another crisis. See ambulance ramping.

His health planning incompetence is reflected everywhere.

For example, look at the obstetrics mess.

2001 $2.5 million spent on an upgrade of Woodside Maternity Hospital in East Fremantle. A new roof, air-conditioning and two theatres upgraded.

2005 August. Announcement a further $2 million upgrade of Woodside Maternity Hospital.

2005 August. One week later, $2 million upgrade suspended! Feasibility “study” is announced to move Woodside Maternity Hospital to a wing of the failed*, half-empty Kaleeya Hospital.

*McGinty needed a solution to fill the underperforming Kaleeya Hospital where he still can’t get surgeons to operate because there is no intensive care unit. It did bloodless surgery before he bought it.

2005 December. McGinty rushes announcement to move Woodside to Kaleeya just before Xmas to avoid bad publicity. Feasibility study claims a $2 million annual recurrent savings from closing Woodside Hospital. No required Business Case Study done and feasibility figure are ridiculous. The management of Woodside Hospital were treated with gross disrespect.

2006 April. Move to Kaleeya Hospital ward rushed and poorly organised. Move is temporary (for 5 years) until Obstetrics and Gynaecology facilities are available at Stage 1 of Fiona Stanley Hospital in 2010.

Kaleeya Hospital is unsuitable for maternity but McGinty presses ahead to fill a ward of a half empty underperforming hospital which he bought with much fanfare before the 2004 election for elective surgery.

2008 January. Massive budget overruns at Kaleeya Hospital Mr McGinty?

Completion date of Fiona Stanley Hospital has blown out to early 2013. Obstetrics and gynaecology have secretly been removed from Stage 1 of Fiona Stanley. Financial blow out of Fiona Stanley Hospital over $700 million announced.

Kaleeya Maternity ward will probably need to operate for at least 15 years despite short-comings.

Woodside Hospital is left in mothballs for 18 months - without any plans for its future. McGinty complains about lack of suitable mental health accommodation but too spineless to use Woodside which is in his electorate.

Were the erratic changes and delays above just plain incompetence by McGinty or weren’t the public told the truth about the “savings" or move to Fiona Stanley Hospital?

Which is it Mr McGinty? Worse still, is it both?

* "History never repeats itself - but it often rhymes" Mark Twain

Is McGinty above the CCC Law?

McGinty Fails Requirements of the Corruption and Crime Commission Act 2003

Attorney General Jim McGinty hasn’t tabled in Parliament, a Review of the Corruption and Crime Commission Act 2003 as required by law. McGinty’s continuing incompetence is again on show. The self-appointed Emperor of Western Australia has been too busy chasing Brian Burke and Julian Grill to do his job competently.

The Desert Rat is not impressed. Is Jim McGinty above the law? Who would dare stand up to him? Why wasn’t the Report presented to Parliament by the due date? What has been the delay? Has McGinty got the report? Is he sitting on it?

Section 226. Review of Corruption and Crime Commission Act

(1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 3 years after its commencement.

(2) The Minister is to prepare a report based on the review made under subsection (1) and cause the report to be laid before each House of Parliament within 4 years after the commencement of this Act.

Under Section 226 of the Act, the Attorney General is required to carry out a review of the Act three years after the Act commenced and to present a report, based on the review, to Parliament within four years of the Act commencing. The Review was supposed to be tabled in Parliament before 1 January 2008 - the expiry of 4 years. As of today, it is already a week late.

His favourite legal reviewer Gail Archer (above) was been appointed to conduct the review. Has McGinty been giving her more consultancies than she can handle? She has reviewed the Magistrates Court Procedures and is reviewing the Corruption and Crime Commission Act for McGinty. I've been told she reviewed the Parole Act and the Criminal Code as well - can anyone confirm? McGinty also apointed Archer to the Medical Board. What other work is she doing for McGinty? Is Gail Archer the only person the Emperor trusts for such a sensitive job?

Why hasn’t the Review been done and tabled as required by law? Perhaps the Emperor has issued a decree that allows him to flout the law?

Is Attorney General Jim McGinty above the law? Will the CCC investigate? And pigs might fly.

Will the "Dirt Sheets" Linen be Laundered?

And Pigs Might Fly

The Desert Rat was amused when he read in The West Australian that Public Sector Standards Commissioner Dr Ruth Shean had written to the heads of McGinty’s Attorney General Department and Carpenter’s Premiers Department asking them to investigate the “Dirt Sheets” compiled by the State biggest health union the Socialist Left aligned LHMU the major support base of Jim McGinty. The LHMU is run by Socialist Left Secretary and McGinty backer Dave Kelly who was aware of the Dirt Sheets.

Dr Shean sent copies of the “Dirt Sheets” to the Corruption and Crime Commission (CCC).

If McGinty’s Ministerial office or Attorney General’s Department officers were involved it would be a major scandal and he would be expected to resign.

If the Corruption and Crimeorruption Commission needs to use its telecommunication interception powers then McGinty will have to approve and sign the warrants. He would then be aware of any phone, email or office or home bugs and who was under surveillance.

A Judge should always approve and sign warrants, not the Attorney General especially in this case where McGinty has a personal interest in the investigation.

The Desert Rat thinks this “inquiry” is destined to go nowhere.

What a pity these dirt sheets didn't come out of the CFMEU - then we would see public condemnation and outrage and real action by the CCC and these Departments. Perhaps some public hearing down at the Corruption and Crime Commission?

How McGinty Controls the CCC

I am saddened by the naivety of punters who lambast Brian Burke, Julian Grill and others on the basis that "they must be guilty because the Corruption and Crime Commission says they are and the CCC is an independent body".

One person who knows how little independence the CCC has is Attorney-General Jim McGinty, architect of the CCC legislation and a man who is said to have a pathological hatred of Brian Burke that borders on obsession.

During the drafting of the CCC Bill, McGinty would have been well aware of the provisions of the Telecommunications (Interception) Western Australia Act 1996 which say that any agency using phone tap powers is required to report that fact to the minister responsible for that agency.

Since McGinty is the Minister responsible for the CCC, he must therefore be notified every time the CCC uses its powers to bug phones.

Now McGinty could have instructed that the CCC Bill contain a provision to ensure that the Attorney-General should not be notified in the event that he had a personal interest in a matter under investigation -- but he chose not to.

Therefore McGinty has been kept informed of every use of phone bugging powers in relation to his old factional arch-enemy Brian Burke. Indeed, as McGinty himself told the Parliament on 19 October 2004,

Section 6 of the Telecommunications (Interception) Western Australia Act provides that the chief officer of an eligible authority is to give to the responsible minister a copy of each warrant issued to the authority .... as soon as practicable after the issue ... of the warrant. I am to be advised of the exercise of the powers under the Telecommunications (Interception) Western Australia Act.

So it's not just a general notification of the use of powers, but a complete copy of the warrant. That's very powerful information if you have an interest in a case, and it might just explain a persistent rumour that some of McGinty's political staff seem to know who is being bugged by the CCC at any given point in time.

So in light of the requirement to keep McGinty apprised of all phone taps "as soon as practicable" after the issue of a warrant, it's difficult to see how the CCC could proceed with an effective investigation into, say, lobbyists and MPs who are linked with McGinty's Socialist Left Faction or his allies in the Splinter Right Faction.

Another very serious concern is that the CCC's budget is not determined by the Parliament but by the Government. This means, that as the man who controls the Caucus and the Cabinet through his Factional alliances, McGinty gets to decide the CCC's budget. And each year, the CCC is accountable for its spending to the responsible Minister - who just happens to be the Attorney-General, Jim McGinty.

There are many fine men and women employed at the CCC, who most likely would rather be chasing villains than being used as foot-soldiers in byzantine factional power struggles within the Labor Party.

The trouble is that the structure of the CCC leaves it open to this kind of abuse.

Until there is root-and-branch reform of the CCC's legislation and rock-solid procedures to prevent it being controlled or influenced by people with personal interests, no-one can have any confidence that the CCC is able to carry out its investigations free from political interference.

Contributed by Black Jack