Chapter 3 – Mr Green's complaint
On 29 January 2007, Mr Green, a QPWS employee, wrote to the
committee expressing concern regarding a statement made to him by one of his
organisation's Regional Directors, Mr Clive Cook, at the time of the hearing.
This chapter addresses the matter raised by Mr Green. Because both Mr Green and
Dr Williams raised matters at a similar time in relation to the same senior
manager (Mr Cook), and both cases were addressed on behalf of QPWS by the
Queensland Deputy Crown Solicitor, there are references to both cases in some
of the attached correspondence.
Mr Green set out his concern as follows:
On the morning of hearing of Senate in Cairns Dr. Paul Williams
and myself were met by our Regional Director and he advised us that the department
would be reading the minutes of hearing and for us to be careful in our
presentation. Obviously it was a veiled threat to influence us to temper our
presentation and evidence.[1]
The committee considered that Mr Green’s perception of a
‘veiled threat’ was sufficient that it should make further inquiries under
Privilege Resolution 1(18). As the Committee of Privileges has stated:
...the committee has always regarded possible intimidation of or
threats against witnesses as among the most serious matters of contempt
referred to it.[2]
The committee is also mindful of the observations of the
Committee of Privileges in previous cases:
the committee regards it as highly undesirable for any person to
confront a witness about his or her evidence outside the parliamentary forum.
There is a grave risk of contempts being committed, wittingly or unwittingly,
in these circumstances.[3]
On 8 February 2007 the committee agreed to seek Mr Cook's
response to the concern expressed by Mr Green.
An initial response was sent to the committee on behalf of Mr
Cook by the Queensland Deputy Crown Solicitor, on 1 March 2007. That initial response, shown at Attachment D, sought further clarification of the issue raised
by Mr Green. On 15 March 2007 the committee responded to this request,
providing further details of the issues raised by Mr Green (the committee's
correspondence is shown at Attachment F).
Response from Mr Cook
On 23 March 2007 the committee received a statement from Mr Cook
in response to the material sent to him by the committee. This response is
shown at Attachment G.
Mr Cook gives an interpretation of his encounter with Mr Green
at variance to Mr Green's reading of events. He states that his motives were to
assist Mr Green, not to hinder him:
With a view to reassuring them in respect of what can be a
difficult experience, I indicated to Mr Green and to others that it was
important to listen carefully to the questions asked; and to answer clearly and
concisely. It should be emphasised that, as the senior officer of the QPWS in Cairns,
the remarks made on this occasion were made with a view to supporting QPWS
staff and to counsel them to be thoughtful in their presentation and the giving
of evidence to the Committee.[4]
The following exchange at the hearing, while Mr Green was
not the person actually speaking, appears consistent with Mr Cook's account. Dr
Williams, who was seated at the witness table with Mr Green at the time, made
the following responses to Senator Ronaldson:
Senator RONALDSON—It seems to me that you have put your
backsides on the line here. Are any of your superiors in the room today?
Dr Williams—Not that I can see.
Senator RONALDSON—They are probably out there with a glass
pressed to the wall.
Dr Williams—Our regional director was here earlier but he
is not here now. He has said that he supports us. (emphases added)[5]
Conclusion
Having taken the steps outlined above to ascertain the facts
surrounding the complaint by Mr Green, the ECITA committee concluded that,
while the parties clearly differ in their view of events on the day of the
hearing, there is insufficient evidence to warrant referral of the matter to
the Committee of Privileges.
The committee wishes to reiterate the seriousness with which
the Senate, its committees, and the Committee of Privileges take the protection
of witnesses who provide information to the Senate. The committee will remain
vigilant in this case. It is writing to all the parties involved to advise them
of its inquiries to date. If it receives new evidence that anyone appearing
before the committee was in any way threatened or penalised directly as a
result of giving information to the committee, it will consider that material
very carefully.
Senator Alan Eggleston
Chair
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