That High Court finding against ICAC must be utterly confusing to those not fully trained in the law. Five directors of a coal mining company were previously declared corrupt when they concealed Eddie O'Beid's involvement in the granting of as coal tenement. This week ICAC consented to a court order declaring that corrupt findings against them are invalid. The way is open for them to claim reimbursement for legal expenses.
The interpretation seems to be that "only people who collude with public officials to commit corrupt acts can be found to be corrupt ". To most people, that is precisely what the original ICAC finding seemed to describe. It appears that this changes nothing in relation to either Eddie O'Beid and Ian McDonald because they were public officials at that time.
It seems likely that much of the prosecution against those who plundered the public purse in the coal mining scandals are about to get a "get out of gaol free "card and not only walk away, but put out their hand for legal costs - and that is a financial disaster for this state.
The High Court stepped in to right what it saw as a malicious and personal attack on high profile public prosecutor Margaret Cunneen. ICAC was relentless in pressing charges that Cunneen acted corruptly by advising her son's girlfriend to claim to be suffering chest pains to avoid a breath test after a car accident. This investigation was launched after an anonymous complaint was made to ICAC - and that complainant has not been revealed.
Cunneen claims she gave no such advice and when her son's girlfriend was taken by ambulance to hospital a blood test was automatic procedure - and revealed a zero alcohol reading. That should have been the end of the matter, but ICAC threw it's full weight behind a home raid and the seizure of mobile phones from not only Cunneen, but also the paramedics who attended the accident scene. It quickly became obvious that this relentless pursuit was simply a settling of old scores.
The state government is being implored to quickly pass legislation to retrieve the legal situation and validate ICAC's action by law to overcome the finding of the High Court. It is evident that ICAC has learned nothing - and is still intent of continuing the Cunneeen inquisition. To many people, this is nothing more than a clash of ego's by those at the top of the ICAC pyramid. It is a claim to exercise the amazing power in their hands to go after whatever and whoever they choose - and not be contained by this country's highest judicial court.
Looking at the Cunneen case and using common sense - it is hard to see how a claim of corruption can be substantiated. As a licensed legal person she would be aware that a blood test is mandatory for all who attend hospital emergency departments. It is quite possible that if she recognised a police officer attending such an accident who had been the subject of interrogation by her and who would have malice towards her as a prosecutor it would have been wise to have blood alcohol tests carried out by an independent source - but Cunneen denies giving such advice and absolutely no verification of the ICAC claim has been forthcoming. ICAC became relentless purely on the basis of a complaint from a source that has been carefully guarded.
The state government would do well to ponder the implications that the High Court has raised. It is disturbing that this country's highest judicial body has seen fit to be critical of an agency with what seems absolute power to destroy both the reputation and liberty of those that earn it's ire. It is a clear warning that all is not well within ICAC's decision making process. To restore it's power to be the sole arbiter of all prosecutions is to foist a star chamber mentality on the citizens of this state.
A long held wisdom applies. It is better that many guilty persons go free than a single innocent serve a term of imprisonment for a crime they did not commit !
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