Why Julian Grill should not apologise

Greens Giz Watson thinks Julian Grill is innocent

What caught the Desert Rat’s eye recently was Greens MLC Giz Watson’s speech in Hansard, where she concedes in the debate (4 December 2007) of the Privileges Committee, that she thinks the argument put forward by Julian Grill’s lawyers, is correct.

Giz Watson then says she won’t oppose the recommendation (No 20) before the House; that Julian Grill should apologise to the House. Presumably Giz Watson would have abstained if there was a division - which there was not, because it was decided on the voices.

It has taken some time for the Desert Rat to get his pointy snout and whiskers into the entrails of this issue and make some sense of the Legislative Council Committee's Report and findings against Julian Grill.

The quote in the report that gives rise to the finding that Grill leaked information, is clearly wrong and dangerously damaging to Julian Grill. The Desert Rat wonders why the Committee took the quite unprecedented step of bringing in Philip Urquhart as the Counsel Assisting the Committee (previously he was Counsel Assisting the Corruption and Crime Commission) to run the second half of this inquiry. There have been questions asked by Senior Counsel as to whether such a step was legal.

The Desert Rat can clearly see, as can Hon Giz Watson, that what is quoted in the Finding of the Committee Report (Rec. 20) is not the same as the evidence given by Brian Burke. Mr Burke never said “that Mr Grill had advised him of the fact that those documents had been requested by the Committee”

The Desert Rat is not suggesting anything nefarious, but just an honest misinterpretation made by the Committee. This type of situation is why those witnesses like Mr Grill, should have the right to know when they are being accused and have the matter tried before a competent court or tribunal. Such mistakes can then be corrected by an impartial body.

The Desert Rat would hope that Philip Urquhart was not involved in writing that part of the report given the shoddy reports recently written by the CCC officers - such as the phoney and incompetent findings against Paul Frewer, Dr Wally Cox and now Dr Mike Allen in the Smith Beach Inquiry.

Whatever the case, it is disappointing that Giz Watson did not take her belief in Julian Grill’s innocence further than she did and call a division. Then the issue would have been out in the open and other members of the Legislative Council would have to properly debate the issue.

It is not surprising that Julian Grill’s lawyers advised him not to apologise to the Legislative Council Committee.

Lame Duck and Public Joke - the CCC Cabal

CCC lightweight Len Roberts-Smith takes on Malcolm McCusker QC

When reading of the tiff between Parliamentary Inspector Malcolm McCusker QC and Corruption and Crime Commission Commissioner Len Robert-Smith in today’s The West Australian, the Desert Rat is reminded of the old saying:

“When you can’t argue the facts, argue the law!”

This is precisely what doddering Dad’s Army Chief Major-General Roberts - Smith has done.

Roberts - Smith accuses McCusker QC, not of being wrong, but acting outside his powers, given to him by the CCC Act. Roberts-Smith should have the courage and character to apologie on behalf of the CCC to all involved in the Smith's Beach Star Chamber hearings - even though it underlines how stupid they have been.

Roberts-Smith conveniently thinks that McCusker should or does not have the power to review CCC evidence. So he argues the law because he can’t argue facts which show the CCC incompetence. Roberts-Smith does not want to be checked by the Parliamentary Commissioner - it's too embarrassing!

The CCC does not deny or argue that it got the Frewer case unbelievably, badly wrong. They arrogantly have their collective heads in the sand.

The CCC, Major General Lenny Roberts-Smith, Brigadier Mike “Children Overboard” Silverstone and Comrade McGinty have refused to apologise (McGinty never admits any mistakes – on “principle”?) to any of the public servants Paul Frewer, Dr Wally Cox or Mike Allen who the CCC has defamed.

Paul Murray points out in his excellent column in today’s The West Australian, that the CCC investigators listened to the Planning Committee meeting tapes and knew, but did not disclose to Stephen Hall SC, the Special Council doing the CCC interrogating of witnesses during the Smith’s Beach Inquiry; that the tape of the Planning Committee meeting revealed Paul Frewer had made proper disclosures.

Stephen Hall SC must be feeling very soiled and used by the CCC, particularly the CCC investigators. The Desert Rat wonders how many of the others supposedly smart SC’s have been deliberately lied to, or have had material evidence withheld from them by what seems to be corrupt or incredibly incompetent officers. The latter should be investigated by the CCC. Someone needs to pull the full-flush button and sack them or send them back to the sewers.

Why would any lawyer continue to work for the CCC – the money can’t be that good?

How long will the perpetrators of this amateurish, incompetent and destructive witch hunt remain in "a state of denial"?

The "Silence of the Lambs"

Where is the ALP Backbench?

The Desert Rat compliments ALP backbencher Ben Wyatt MLA for his public statement backing The West Australian, the Law Society and the Bar Association's call for contempt of parliament charges to be heard in the Supreme Court.

This follows his recent call for the Carpenter Government to immediately stop using the death traps (commonly known as prisoner transport vehicles) to transport (mainly Aboriginal) prisoners from remote areas over long distances in extremely hot conditions without water and adequate stops.

Wyatt's public comment on the death of Aboriginal Elder Ian Ward earned him a rebuke from lightweight government enforcer Kieran Murphy who the Desert Rat thinks should have been charged under Section 55 of the Criminal Code for threatening a Member of Parliament. The Corruption and Crime Commission will demonstrate its ethical bankruptcy and grovelling fealty to their masters by not taking any action.

Where are the other backbench members of the Australian Labor Party? The public has not heard a peep out of them although Grumpy Jack would suggest a few sexual squeals have been heard in the corridors of power. Forget the speak easy good life of the spiritually bankrupt, the Desert Rat would like to hear them speak-up and speak-out occasionally.

The truth is that they are all shit-scared of their pre-selections and those who control the numbers – particularly the self-appointed Emperor of Western Australia. Hence the eerie silence of these apologies for Labor politicians.

The silence of the lambs is eerie as even those who will get the mutton chop such a Sheila Mills MLC still think they will get a reprieve as they are being led away like lambs to the slaughter - if they keep quiet.

The Labor Party is now a shadow of itself. The internal tensions which were often the strength, are smothered. There is no oxygen in the Australian Labor Party. It is led by a cut-lunch politician Alan Carpenter who has no history or understanding of the ethos of the party and the Socialist Left have complete hegemony and Jim McGinty controls the Socialist Left.

The ALP backbenchers (Wyatt excepted) hear no evil, see no evil and speak no evil. Are they all on Prozac?

Why did Commissioner Kevin Hammond resign from the CCC early?

Was Hamond disillusioned by the CCC Process?

Corruption and Crime Commission Commissioner, Kevin Hammond announced his resignation in November 2006 and finished-up almost a year ago at the end of March 2007.

He said his decision was based solely on the fact that he would turn 71 a month after his resignation became effective.

The Desert Rat and many others think it very unusual that Judge Hammond resigned after only three years of a five year term, at the end of a public hearing; but before the report was written. On the face of that, it needs a better explanation than turning 71.

Judge Hammond resigned at the end of the hearing into the Smith’s Beach Development, but strangely, before the report on Smith’s Beach was written. Judge Hammond was the only person who heard all the evidence, he was the person who observed the body language, the verbal intonation and nuance of the evidence given by those who were interrogated. These observations are extremely important when judging if a witness is truthful.

This vital part of the evidence is not available in a transcript of the interrogation. This information is extremely important in making sensitive judgments, as the “victims” have no right to cross examine the witnesses, hostile or otherwise, no rules of evidence apply and there is no forewarning of the matters to be examined. In the case of Burke and Grill, they as witnesses did not have access to their files, records and computers for reference as they had been seized by the CCC.

Strangely, Judge Hammond left the writing of the Smith’s Beach Report to his Deputy Commissioners, neither of whom the Desert Rat understands, had heard all the evidence of the interrogation in the Commission hearings. This fatal inadequacy was dismissed by one Special Council as unimportant, as they had access to the transcripts.

It is highly probable that one or both of Christopher Shanahan SC and Neil McKerracher SC were involved and responsible for writing the report - which has now been shown to be grossly inaccurate, reflecting poorly on the competence of the CCC. Neither of these two supposedly distinguished lawyers / barristers have defended the report, or apologised or belatedly admitted having involvement in the report, let alone put up their hand for writing it.

Back to the resignation of Judge Hammond whom the Desert Rat once held in high regard. The Desert Rat is not aware of any judge who has heard a case and not written the report or judgment. The Desert Rat also knows good lawyers and judges fiercely defend the right of natural justice being afforded to all people.

It is highly unusual for Judge Hammond not to have written the report with his army of 150 staff, including special councils, lawyers, barristers, journalists, ex-police officers, etc. All he had to do was oversee the report and edit it.

The Desert Rat thinks that Judge Hammond may have jumped ship early because he:

• could see no criminal or corrupt behaviour or misconduct by Burke and Grill (a later finding in the Smith's Beach Report)

• could see the reckless damage that had been done to peoples’ reputations, businesses, careers, livelihoods and health for no public interest benefit

• could see the inquiry was heading nowhere, drowned in salacious publicity by a heady media circus

• could see there was no prospect of Grill and Burke getting a fair hearing or even a semblance of natural justice

• may have been aware of some “inappropriate behaviour” by CCC staff in the conduct of the investigation. Hammond may have hinted at this in a farewell speech when he said the greatest threat to the CCC was for the Commission “to breach those public sector standards that it holds others to account for.

The Desert Rat asks “Was there more to Judge Hammond’s resignation than just turning 71 - was he disillusioned by the CCC process?”

Carpenter Government involvement in new "Dirt File"

Carpenter Government’s “Dirt File” on “The West” Editor Paul Armstrong - Exposed

As if politics could get any lower and dirtier, the Desert Rat is surprised by the new depths being plumbed by the sanctimonious but spiritually bankrupt cabal known as the Carpenter Government.

The target of a "Dirt File" is Paul Armstrong the independent minded editor of The West Australian. Jim McGinty has black-banned The West’s journalists from prior knowledge of media conferences and is unimpressed by Armstrong’s inability to be sycophantic to the self-appointed Emperor of Western Australia.

What is gallingly grubby is that the "Dirt File" was sent to Armstrong's competitor The Australian. John Lyons a senior journalist was the recipient. The Australian had taken a very strong anti-Grill and Burke stance in its copy and editorials and the Sydney based John Lyons recently visited Perth to interview Julian Grill. This resulted in well written but not-so flattering article in The Australian.

It is interesting that John Lyons was sent across as Amanda O’Brien the Oz’s Perth based journalist who was Jim McGinty’s Chief Media Officer was really getting stuck into Burke and Grill in her articles, giving generally McGinty a good press and playing down anything critical of McGinty and the Corruption (of Truth) and Crime Commission shenanigans.

The Carpenter Government thought it had a captive admirer in The Australian but to John Lyons credit he has blown the whistle on the “Dirt File”.

It is reminiscent of the email received by the Editor of Perth based WA Business News, claiming and warning him that Joe Poprzeczny was a friend of Burke and Grill - presumably because he wrote an article drawing the paralel between the CCC witch hunt of Burke and Grill to the McCarthyism in the USA. Poprzeczny, in his column in WA Business News, blew the whistle three weeks ago on this crude bit of surreptitious subversion, an attempt to silence him.

The Desert Rat has a very good idea who is the author. He has a clear conflict of interest, he is a failed journalist, and is of the Socialist Left and has attacked Burke and Grill before . He is probably one of the 643 media hacks on the Carpenter Government’s spin payroll. The Desert Rat is checking this out.

The Desert Rat can only conclude that this “Dirt File” is part of the Carpenter Government’s arsenal to control the media and also “get Burke and Grill at any cost” campaign?

Alan Carpenter and Jim McGinty were very quick to duck for cover when asked by the media about their involvement.

Year of the Rat

McGinty misses out

The Desert Rat is celebrating the start of the Year of the Rat. Unfortunately for Jim McGinty he was born just after the year of the Rat in 1949 so has missed out on those wonderful qualities possessed by those born in the Year of the Rat. With the start of the Year of the (Desert) Rat, Chinese have been forming queues across the country to buy the solid gold rodents pictured.

A Rat Year is a time of hard work, activity, and renewal. People born in an Earth Rat Year are said to be logical realists, shrewd, charming, ambitious, and inventive.

In Chinese, the Rat is respected and considered a courageous, enterprising person. People born in the Year of Rat are clever and bright, sociable and family-minded. They have broad interests and strong ability in adapting to the environment and able to react adequately to any changes.

They are gifted in many ways and have an easy going manner. They are active and pleasant, tactful and fantastic, and are able to grasp opportunities. They seem to have interests in everything and hope to participate in doing it and usually do it very well. Well Jim blame your normal parent, you just missed out - by a rat's whisker!

McGinty, Carpenter and the Corruption (of truth) and Crime Commission should remember the old desert saying:

"Fate is not an eagle, it creeps like a rat."

Grylls Nationals Prostitute Themselves for Preferences?

McGinty's Prostitution Act - modelled on the NZ Act?

News today from the bush that new National MLC Wendy Duncan will support McGinty's Prostitution Bill. Nationals had previous opposed the legislation.

The Desert Rat smells a vote preference deal in the wind. The Corruption and Crime Commission (CCC) should investigate. It is a lay down misere that this is a bribe for ALP preference. All this political horsetrading is how politics functions unless you want to work through lugubrious and incompetent institutions such as the CCC. If Burke and Grill were involved in this just as they were in the previously unresolved settlement of the Finance Brokers scandal, the CCC would be deliriously swarming like wasps.

Most legislation of this type exacerbates the problem, as behaviour shifts or changes to accommodate and exploit new laws.

New Zealand's new prostitution laws are an example.

Mamatere the founder of a sex-worker support group says that older girls in Auckland are going home hungry and forced to live off Salvation Army food parcels.

She says in an article in a New Zealand newspaper that the number of underage prostitutes is rising because of the Prostitution Reform Act. "The act has taken police resources off the street and has therefore sent the message to pimps and gangs that there are opportunities to get away with things," she says.

Underage prostitutes don’t dress up in high-heels, fishnet stockings and miniskirts, she says. The girls wear their normal clothing but punters know they are working because they frequent red-light areas after midnight.

The Desert Rat highlighted here that McGinty's had an obsession with legislation - as well as Burke.