ABC Online
A push to establish a commission of inquiry to look into the allegation against Tasmania’s Police Commissioner Jack Johnston has failed. The Opposition and Greens called for the independent inquiry amid concerns that it’s not fair to have police officers investigating their boss. The police’s internal unit is investigating whether Mr Johnston broke the law by disclosing official secrets. In State Parliament, the Opposition leader, Will Hodgman, has called for a commission of inquiry. “To investigate all outstanding allegations of corruption and maladministration that surround your Government,” he said. The Greens leader, Nick McKim, is concerned that police officers are investigating their boss. “How does this framework provide procedural fairness to either Mr Johnston or to the officers involved?” he asked. The Premier, David Bartlett, has released advice from the Solicitor General saying a second investigation is not needed. The advice says the investigation is advanced and another probe would cause delays. Read more here
And:
The Tasmanian Premier David Bartlett has announced a plan to restore trust in the State Government and police service. Central to the plan is a new independent investigative body and a Police Integrity Office. Bartlett’s new broom
What McKim says:
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
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.
