[Greens-Media] Tas Greens_Bartlett Fails Police & Commissioner By Blocking Commission of Inquiry Vote_N McKim MP

[greens at parliament.tas.gov.au]

NO EXCUSE FOR BARTLETT TO BLOCK COMMISSION OF INQUIRY INTO JOHNSTON
AFFAIR

Both Tasmania Police and Commissioner Deserve Procedural Fairness

Nick McKim MP
Greens Leader

Tuesday, 19 August 2008
Contact: State Parliamentary Offices of the Tasmanian Greens, (03) 6233
8300

www.tas.greens.org.au


The Tasmanian Greens today attempted to establish a Commission of
Inquiry into the allegations surrounding Jack Johnston, arguing that
such an Inquiry is the only mechanism currently available in Tasmania's
framework that will ensure a truly independent investigation, but the
Bartlett government blocked the motion from being debated.

Greens Leader Nick McKim MP said that Labor's refusal to consider an
independent Commission of Inquiry failed the public interest concerns,
failed to protect the Tasmania Police officers who are having to conduct
the investigation, and also failed to provide procedural fairness to Mr
Johnston.

Mr McKim also said that the Greens had supported the Liberal
Opposition's move to establish a Commission of Inquiry into this and
broader corruption matters, but explained that the specific emphasis
upon establishing an inquiry that addressed the inappropriate scenario
of police investigating police should have been a no brainer for the
Premier who is trying to convince the public that he is committed to the
highest standards of transparency.

"Sadly we have seen Premier David Bartlett duck making a decisive step
that would have seen a truly independent investigation, in the form of
the Greens' proposed Commission of Inquiry, into the allegations which
has seen Police Commissioner Jack Johnston step aside," Mr McKim said.

"By blocking debate on our motion to establish a Commission of Inquiry,
the Premier has voted to keep Tasmania Police in the invidious position
of investigating one of their own, who had been their superior and could
be again, despite Mr Bartlett's frantic attempts to convince the
community that he takes seriously the need for transparency, due process
and accountability."

"The fact that Mr Bartlett has acknowledged the need to clarify
provisions in the current laws to ensure an independent police force, is
an implicit admission that we do not have an independent investigatory
body, yet still the government resists taking the logical step to
address this for the Johnston investigation."

"David Bartlett has let down badly Tasmania Police and Mr Johnston, as
both parties deserve procedural fairness, as well as the Tasmanian
public who deserved real leadership from their Premier on such a
controversial matter." 


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Text of Motion Tabled by Nick McKim MP today:

That this House notes: 

1.                  The statement of the Premier on 14 August, in which
he revealed that Police Commissioner Jack Johnston was interviewed under
caution the previous evening, and that a crime may have been committed
relating to the disclosure of official secrets;

2.                  The subsequent decision of Mr Johnston to
temporarily stand aside from the position of Police Commissioner; and

3.                  That the allegations against Mr Johnston are
currently being investigated by Tasmania Police officers; 

And that this House agrees:
1.                  That the above circumstance does not accord
procedural fairness to Mr Johnston;
2.                  That the above circumstance does not accord
procedural fairness to the officers conducting the investigation;
3.                  That the above circumstance fails to satisfy the
expectations of the Tasmanian community that the investigation will be
conducted with procedural fairness, and with the perception of
procedural fairness and probity;
4.                  That it is highly inappropriate for Tasmania Police
to be investigating itself; 
5.                  That there is no standing independent investigative
authority within Tasmania's current legislated framework; and
6.                  That given the above circumstances the Government
should advise His Excellency the Governor to make an order that a
Commission of Inquiry should be established under Section 4 of the
Commissions of Inquiry Act 1995 to examine the matters to which the
Premier referred in his statement of August 14, and any associated
matters including but not limited to any allegations of bargaining for
public office relating to the position of Solicitor General and matters
associated with the granting of an exclusive monopoly deal for the
accreditation of building practitioners to the Tasmanian Compliance
Corporation by former Deputy Premier Bryan Green, and that the
Commissioner, and the Commissioner's investigators, be sourced from a
jurisdiction other than Tasmania.



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