Thursday\u2019s Royal Commission into Trade Union \u2026 hearing (12th June) ended as it began with legal argument over the exclusion of a number of paragraphs contained in Bruce Wilson\u2019s sworn statement.<\/p>\n
The paragraphs concerned dealt primarily with Wilson\u2019s allegation that he was offered $200,000 by Harry Nowicki to alter his testimony thereby implicating Julia Gillard in potentially illegal activities.<\/p>\n
In the morning\u2019s legal banter when the controversial paragraphs were deleted the Commissioner Dyson Heydon did not give any reasons as to his decision. Wilson\u2019s legal representative, Dr Hanscombe QC, rose after the close of the day\u2019s evidence, to make an application requesting the Commish give reasons for their exclusion.<\/p>\n
\u201cDR HANSCOMBE: I have a short application to make. I have
\n14 instructions to seek from you, Commissioner, reasons for
\n15 this morning’s ruling excluding portions of Mr Wilson’s
\n16 statements.
\n17
\n18 THE COMMISSIONER: Do you say there’s an obligation to
\n19 give those reasons?
\n20
\n21 DR HANSCOMBE: If there isn’t an obligation arising by
\n22 implication from the Act, then there would be, in my
\n23 submission, an obligation if we made application pursuant
\n24 to the Administrative Decisions Judicial Review Act 1976
\n25 and if need be, we will make such an application. \u201c (p. 519)<\/p>\n
Wilson, who had been excused, was then unexcused, and asked to remain in the Commission\u2019s hearing room while this argument was discussed.<\/p>\n
The Commissioner asked Dr Hanscombe what was the point of it (\u2018it\u2019 being the need for a decision) to which she replied,<\/p>\n
\u201cDR HANSCOMBE: Those who instruct me want to consider
\n36 whether anything arises from that exclusion, that they may
\n37 want to take it further in some other forum. That’s as far
\n38 as I can I take that, Commissioner, simply to consider the
\n39 issue. \u201c<\/p>\n
The Commissioner then gave a four page ex tempore decision. The decision\u2019s detailed narrative went through the evidence given so far. He read from notes of what was said by various witnesses throughout the hearing. He declared that the content of those sections of Wilson\u2019s statement as being \u2018hearsay\u2019 and even \u2018\u2026 treble-handed hearsay \u2026\u2019 and were deleted as being \u2018irrelevant\u2019.<\/p>\n
The evidence of this Commission so far has been largely hearsay, especially Gillard\u2019s supposed involvement. The issue of concern to Hanscombe was the potential abuse of the process, something which should never be regarded as irrelevant to any court or legal institution.<\/p>\n
Blewitt \u2018s evidence acknowledged Nowicki\u2019s writing his statements and payments of \u2018out of pocket expenses\u2019 and his, with others, visit to him in Kuala Lumpa. It would have been easy for the Royal Commission to verify Nowicki’s and others\u2019 trip to Athens, allegedly to see Bill the Greek.<\/p>\n
At the heart of Wilson\u2019s allegation is the issue of the tainting of the administration of justice process. This is a critical keystone underpinning the justice system. Royal Commissions are different from the ordinary court. Their role is different as are the roles of Commissioner and Counsel Assisting, their rules of evidence and procedures are different, but they can\u2019t afford to have any suggestion that the process is being, or has been tainted. If that is allowed to continue then the integrity of the Royal Commission is called into question.<\/p>\n
For those who\u2019ve said at the outset that this Royal Commission is a witch hunt driven by a political agenda, the Commissioner\u2019s decision on Thursday may have added to their concern. It may also have the potential to destabilise its integrity.<\/p>\n
The question is what Hanscombe will do next. Although Royal Commission findings can\u2019t be appealed, procedural decisions can be.<\/p>\n
For those who may like to wade through the transcripts of the public hearings to date this link<\/a> will take you there.<\/p>\n