EXCLUSIVE
The Baillieu government's leading expert on its
anti-corruption watchdog has broken his silence to reveal he believes
the body is ''seriously flawed'' and the Coalition has constrained its
powers.
Former Court of Appeal judge Stephen Charles, QC, who chaired
the government's four-person expert panel on the Independent
Broad-based Anti-corruption Commission, said it was unlikely the
watchdog would be able to investigate the kind of corruption
allegations engulfing the New South Wales Labor Party.
Mr Charles said that before it begins an investigation, IBAC
is required to have enough of the facts to reach a reasonable
conclusion that serious corruption may have occurred. A mere suspicion
is not enough, he said.
''One will often begin a corruption investigation with a mere
suspicion, and time and time again during the [NSW] inquiry it has been
plain that it began with suspicion and no direct knowledge of corrupt
behaviour,'' Mr Charles said.
''In my view the [IBAC] legislation is seriously flawed.
There are significant barriers that have been set up. It will be
possible for suspected persons - as soon as they are aware that an
investigation is under way - to take steps to challenge IBAC in court,
thus delaying the investigation and giving those suspected of
corruption the chance to destroy vital evidence.''
Before the IBAC legislation was finalised, Mr Charles and the
other experts spent months consulting lawyers, judges, academics,
police, the journalists' union and the public service about the
watchdog's powers and scope.
On Monday Premier Ted Baillieu wrote to IBAC asking it to
assess whether there should be an investigation into revelations the
Liberal Party paid $22,500 to ministerial police adviser Tristan
Weston. It also emerged that his chief of staff, Tony Nutt, offered to
find Mr Weston employment.
Meanwhile, Liberal MP Clem Newton-Brown was last week elected
chairman of a new parliamentary committee to oversee IBAC. Mr
Newton-Brown is a strong supporter of the Team 200 fund-raising group
responsible for Planning Minister Matthew Guy's developer dinners in
2011 and 2012, revealed by Fairfax on Tuesday.
Though no longer formally associated with Team 200, Mr
Newton-Brown said he continued to help it raise funds to support
Liberal MPs in marginal seats.
theage.com.au 5 Mar 2013
Going to a corrupt authority exposing corruption is a little pointless.
At the end of the day one becomes the target, and the allegations made against the corruption are dismissed.
Yet another win for the corrupt authorities.
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