Relations between the Corruption and Crime Commission of Western Australia and its Parliamentary Inspector Malcolm McCusker QC have reached a new low, following the release of yet another critical report into CCC activities today.
In reviewing the CCC's finding of misconduct by Department of Planning and Infrastructure executive Michael Allen, prominent lawyer Mr McCusker has called on the CCC to publicly acknowledge it was wrong after discovering no evidence to support the finding.
The CCC had recommended in its report of October 2007 that disciplinary action be taken against Mr Allen over his "lack of integrity" in relation to his dealings with disgraced former Premier Brian Burke and his client, Canal Rocks, over a proposed development at Smiths Beach.
Mr McCusker said the CCC finding was inconsistent with evidence it had collected from relevant witnesses, evidence that it did not disclose in its report.
"The CCC should publicly acknowledge that it was in error in finding that Mr Allen was guilty of misconduct, and withdraw not only the "opinion" of misconduct by Mr Allen as expressed in its October report but also its "substituted" opinion of February 13, 2008, as neither opinion is supported by evidence, and both are inconstent with evidence which the CCC had, but did not refer to in its report, as well as evidence of other relevant witnesses not interviewed by the CCC," Mr McCusker said in his report.
"The CCC has failed satisfactorily to explain in the Report why it decided to publicly examine Mr Allen, with (foreseeable) consequential damage to his reputation and career."
The latest report is another blow to the CCC, after Mr McCusker found that there was no justification for its adverse finding against Mr Allen's former planning department colleague Paul Frewer.
CCC chief Len Roberts-Smith recently accused Mr McCusker of exceeding his powers by reviewing evidence and commission findings.
Mr McCusker responded in today's report by stating that: "The CCC contention, that the Parliamentary Inspector cannot review and report on an adverse finding made in a CCC Report which it has tabled in Parliament "including any factual errors, or inadequacy of the evidence relied on by the CCC to support the finding" is incorrect."
He added that this contention was contrary to the intention of the Parliament and would mean that the power of the CCC to make and table findings of "misconduct" by any public office, with the serious consequences that follow, would be absolute and unchecked.
