JOHN HAYWARD
Part of Johnston’s functions as secretary may have been to advise the government. but it was clearly overridden by his duty not to disclose official secrets, particularly to a chief suspect. Particular laws override general ones where they are in apparent conflict. You will note that the judge, after citing the indictments which named Lennon, did not refer to that fact again. The judge also appeared to argue that keeping official secrets was merely a function of the office, while telling a politician operational secrets was a duty. He also chose to regard the rumours about the dodgy appointments as removing any requirement for secrecy, despite the fact that it was the actual evidence that was critically sensitive. I also had problems understanding the finding that the eventual payment of Estcourt by Green conclusively disproved the existence of any deal prior to that. There is so much about Tassie law that defies my understanding. Read more, Comment here
John Hayward
