Curbing I.C.A.C. Arrogance !

When New South Wales premier Nick Greiner setup the Independent Commission Against Corruption it was intended to delve into levels of crime that pervaded the world of politics and big business, and to achieve results it was given powers similar to that of a Royal Commission.  It's powers to extract answers from those called before it were draconian - and it's head once described it's methods of gaining evidence as being similar " to pulling wings off a butterfly " !

It is said that " power corrupts - and absolute power corrupts absolutely ".   Many who have fallen victim to an ICAC investigation charge that it has moved beyond the realm of conduct that we associate with the courts and has become dictatorial - and that it's findings can not be challenged. That the very power in it's hands is now a weapon of arrogance and is used to serve personal vendettas.

A case that drew the full ICAC firepower tended to illustrate that complaint.  Margaret Cunneen was a gifted public prosecutor who worked closely with ICAC.  When her sons girlfriend was involved in a minor car accident ICAC claimed that Cunneen had advised her to claim chest pains so as to be taken to hospital and avoid a breath test at the scene.  It was claimed that this was a " perversion of the cause of justice ".

This was denied by all the parties involved and when the accident victim was taken to hospital she was automatically given a blood test, which revealed that she was alcohol free.  That was an outcome that would have been perfectly clear to Cunneen, hence such advice - if given - would not have avoided the test required by law.

ICAC was relentless in it's pursuit of Cunneen.  Eventually the matter found it's way to the High Court, who delivered a verdict that ICAC had exceeded it's powers and cleared Cunneen.   Despite this, the vendetta continued and it seemed clear that ICAC considered itself above the highest court level in this country.   It was a clash of monumental egos.

This Cunneen vendetta has come full circle and now it is ICAC which is in the sights of parliament taking aim to curb it's arrogance.  There is a move to increase the powers of the person tasked with being the ICAC Inspector to publicly rebuke the body - and where necessary reverse it's decisions.

This is probably a classical example of the dictum of " who watches the watcher " !   When ICAC was formed the whole attention of it's creation was on giving it the powers to go after and seek out evidence to deal with crime at the highest level.   It would be dealing with people of power and influence and it would need coercive methods to compel them to produce documents and answer intrusive questions on their business activities.

As so often happens when excessive power is granted, the " end justifies the means "  philosophy comes into play.  Margaret Cunneen suffered humiliating persecution in what could be termed high level bullying that took the action of the Australian High Court to adjudicate.   The natural outcome of that clash is putting the curbs in place to reduce ICAC'S formerly unlimited powers !