Our "Stasi" !

ICAC was dealt a heavy reprimand when the New South Wales Court of Appeal delivered a finding that it had  "No power to investigate Public Prosecutor Margaret Cunneen "- and ordered it to pay her $ 100,000 legal fees.   ICAC immediately announced that it would take the matter to the High Court.

This is a curious case that has all the undertones of the methods used by the secretive East German Stasi.  An undisclosed citizen reported that when the girlfriend of Margaret Cunneen's son was involved in a traffic accident, she advised the girl to pretend to experience chest pains in an attempt to avoid a breath test.  It was claimed that this "perverted the course of justice ".

Amazingly, the ICAC action involved early morning raids on the homes of this leading public prosecutor and her son and the home of his girl friend, wire taps that recorded every phone call and computer traffic over a five month period - and all this possibly because of a malicious complaint from someone who wished to do her professional reputation harm.

Any person doing the job of a public prosecutor is certain to make enemies.  The people she convicts have reason to hate her, and when she decides that there is insufficient evidence to proceed she may well anger those on the other side of the law.  It is standard procedure that all involved in any road accident be tested for drugs and alcohol.   Should there be a doubt that police present might have an axe to grind and deliberately change a breathalyser reading, it would be a wise precaution to have that test done at a hospital, where a totally unrelated pathology department would handle the analysis.  The hospital test report cleared her son's girlfriend.

This entire matter comes down into the murky world of  "power ".   ICAC contends that as a corruption fighter it has the right to investigate anybody - and needs no explanation as to how or why it so chooses.   It is adamant that it's sources of information will enjoy the secrecy which the Catholic church confers on the "confessional " and that this is necessary to protect whistle blowers.  To some, this is reminiscent of the era of the "Spanish Inquisition "- during which a malicious charge of heresy saw many innocent victims burned at the stake !

It is hard to remain unconvinced that what is after all a private family matter has not been connected to Margaret Cunneen's tenure in high public office with an outstanding professional reputation. ICAC has dug it's toes in and rightfully claimed that nobody is above the law, but it seems to be a moot point to try and infer that the intent of claiming chest pains - which will incur a more accurate blood test than a breathalyser - is a perversion of justice.    Would this charge have been made if Margaret Cunneen was a mere housewife - or held a job as a checkout chick at the local supermarket ?

It seems that the bloody minded high priests of ICAC are determined to risk further public money by taking the issue to the High Court.  To some, that old maxim of "who watches the watchers ? "comes to mind.  It delivers ultimate power if ICAC can launch an investigation entirely at it's own discretion and nobody can question the reason for that decision.   That was the inequity that made the Stasi so hated by the citizens of East Germany - and which delivered a potent weapon to those with malicious intent.

Fortunately, our legal system does have a mechanism for redress - and at it's ultimate pinnacle is the High Court.   No doubt the justices will ponder both sides of the argument presented - and hopefully create the checks and balances that prevent excess.