Footnotes

Footnotes

[1] Senate Select Committee on a Certain Maritime Incident, Report, (CMI Report), p.xxiii. Government Senators dissented from the findings of the CMI Committee report. Unless otherwise indicated, references to the CMI Committee report are to the majority report.

[2] CMI Report, p.xxiv

[3] CMI Report, p.xxiv

[4] House Hansard, 19 February 2002, p.433 (Howard)

[5] CMI Report, p.124

[6] CMI Report, pp.42-43. See also Enclosure 1, Witness Statements made by Defence personnel on HMAS Adelaide to The Report of the Routine Inquiry into Operation Relex: The Interception and Boarding of SIEV IV by HMAS Adelaide, Major General R.A. Powell, 14 December 2001 (ie. the 'Powell Report')

[7] Commander Joint Taskforce 639

[8] CMI Report, p.49

[9] CMI Report, p.46

[10] CMI Report, p.40

[11] CMI Report, p.53

[12] For the chain of communication that led to the public dissemination of the incident, see para 4.5 in CMI Report, pp.51-53

[13] CMI Report, p 36

[14] CMI Report, p 39

[15] CMI Report, chapters 4-6.

[16] Naval Component Commander

[17] Commander Australian Theatre

[18] Military Adviser Public Affairs and Corporate Communication, Department of Defence

[19] Head of Defence Public Affairs and Corporate Communication, Department of Defence

[20] On 12 November 2001 Mr Jones sent further advice to the Prime Minister's Office which confirmed that the only basis for report 226/2001 was ministerial statements and that ONA did 'not have independent information on the incident'.

[21] The letters were dated 5 April 2002, 17 April 2002 and 16 May 2002.

[22] CMI Report, pp.115-116

[23] CMI Report, p.117

[24] CMI Report, p.124

[25] CMI Report, p.124

[26] Select Committee on a Certain Maritime Incident, Report (CMI Report), p.123

[27] CMI Report, p.124

[28] Mike Scrafton, Letter to The Australian, 16 August 2004

[29] Prime Minister, Media Release, Claims by Mr Mike Scrafton, 16 August 2004, found at: www.pm.gov.au/news/media_releases/media-Release1074.html, accessed 30 August 2004. Mr Scrafton's statements to the Bryant Inquiry are at Appendix 4.

[30] Transcript of the Prime Minister, Questions and Answers at the National Press Club Canberra, 8 November 2001, p.3, found at: www.pm.gov.au/news/speeches/2001/speech1325.htm, accessed 23 August 2004

[31] ONA Minute to the Prime Minister's office of 7 November 2001, tabled as Additional Information no. 21 by the Select Committee on a Certain Maritime Incident. See also Senate Finance and Public Administration Legislation Committee, Transcript of Evidence, Estimates, 18 February 2002, pp.137-142 (Jones)

[32] Transcript of the Prime Minister, Questions and Answers at the National Press Club Canberra, 8 November 2001, p.4

[33] CMI Report, p.84

[34] Transcript of the Prime Minister, Interview with Catherine McGrath, AM Program, 8 November 2001, p.2, found at www.pm.gov.au/news/interviews/2001/interview1454.htm, accessed 23 August 2004

[35] Transcript of the Prime Minister, Interview with Catherine McGrath, AM Program, 8 November 2001, p.2

[36] Transcript of the Prime Minister, Interview with Catherine McGrath, AM Program, 8 November 2001, p.4

[37] Transcript of the Prime Minister, Interview with Cathy van Extel, Radio National, 9 November 2001, p.1, found at: www.pm.gov.au/news/interviews/2001/interview1457.htm, accessed 23 August 2004

[38] Transcript of the Prime Minister, Interview with Cathy van Extel, Radio National, 9 November 2001, p.1

[39] Transcript of the Prime Minister, Interview with Cathy van Extel, Radio National, 9 November 2001, p.2

[40] Transcript of the Prime Minister, Interview with Cathy van Extel, Radio National, 9 November 2001, p.3

[41] Transcript of the Prime Minister, Interview with Cathy van Extel, Radio National, 9 November 2001, p.3

[42] Mike Scrafton, Letter to The Australian, 16 August 2004, Transcript of Evidence, 1 September 2001, p.6 (Scrafton)

[43] ONA Minute to the Prime Minister's office of 7 November 2001, tabled as Additional Information no. 21 by the Select Committee on a Certain Maritime Incident

[44] 7.30 Report transcript, 'Scrafton stands by children overboard claim', 16 August 2004, found at: www.abc.net.au/7.30/content/2004/s1177955.htm, accessed 31 August 2004

[45] The CMI Report details unsuccessful attempts by the Prime Minister's senior adviser Miles Jordana to locate evidence to support the 'children overboard' claims on 7 November. During this process, Mr Jordana received advice that PM&C could not find material supporting the 'children overboard' report, advice from Jane Halton that there were doubts about the photographs, and a note from Kim Jones saying that the ONA report could not have been the source of the 'children overboard' claims. CMI Report, pp.122-125. Advice from several Defence officials to the Defence Minister to the effect that the 'children overboard' reports were unsubstantiated is described in Chapter 6 of the CMI Report.

[46] For example, House Hansard, 14 February 2002, p.269 (Howard)

[47] House Hansard, 19 February 2002 p.437 (Howard)

[48] House Hansard, 14 February 2002, p.255 (Howard)

[49] House Hansard, 19 February 2002, p.416 (Crean)

[50] House Hansard, 19 February 2002, p.417 (Howard)

[51] House Hansard, 19 February 2002, p.433 (Howard)

[52] Transcript of Evidence, 1 September 2004, p.6 (Scrafton)

[53] Transcript of Evidence, 1 September 2004, p.6, p.45 (Scrafton)

[54] Transcript of Evidence, 1 September 2004, p.44 (Scrafton)

[55] Transcript of Evidence, 1 September 2004, p.44 (Scrafton)

[56] Steve Lewis and Patrick Walters, "Ex-colleague backs Scrafton on PM's call", The Australian, 18 August 2004, p.1

[57] ABC radio AM transcript, "Former senior defence bureaucrat backs Scrafton claims", 18 August 2004, found at www.abc.net.au/content/2004/s1179011.htm, accessed 24 September 2004

[58] ABC radio AM transcript, "Former senior defence bureaucrat backs Scrafton claims", 18 August 2004

[59] ABC television Lateline transcript, "Public servant backs 'overboard' claims", 18 August 2004, p.2, found at www.abc.net.au/lateline/content/2004/s1179809.htm, accessed 24 September 2004

[60] Prime Minister, Media Release, "Claims by Mr Scrafton", 27 August 2004, found at: www.pm.gov.au/news/media_releases/media_Release1103.html, accessed 31 August 2004. Major General Powell and Commander Noonan were interviewed by the Acting Chief of the Defence Force, Vice Admiral Shalders, on 26 August 2004. On 1 September 2004, the Committee accepted records made of those interviews as evidence before it (Transcript of Evidence pp.79 and 89). They were subsequently published on the Committee's website.

[61] Major General Powell's statement, p.1

[62] Commander Noonan's statement, p.1

[63] Transcript of Evidence, 1 September 2004, p. 78 (Scrafton)

[64] Transcript of Evidence, 1 September 2004, p.90 (Noonan)

[65] Transcript of Evidence, 1 September 2004, p.90 (Noonan)

[66] Prime Minister, Media Release, "Claims by Mr Scrafton", 27 August 2004

[67] Transcript of Evidence, 1 September 2004, p. 75 (Powell)

[68] Transcript of Evidence, 1 September 2004, pp. 76-77 (Powell)

[69] Commander Noonan's statement, p.1

[70] Transcript of Evidence, 1 September 2004, p.91 (Noonan)

[71] Transcript of Evidence, 1 September 2004, p.91 (Noonan)

[72] Transcript of Evidence, 1 September 2004, p.19 (Noonan)

[73] Prime Minister, Media Release, Claims by Mr Mike Scrafton, 16 August 2004, found at: www.pm.gov.au/news/media_releases/media-Release1074.html

[74] For example, Transcript of Evidence, 1 September 2004, p.57, p.69, p.70 (Scrafton)

[75] Senate Finance and Public Administration Legislation Committee, Transcript of Evidence, Estimates, 18 February 2002, p.41 (Moore-Wilton)

[76] Senate Finance and Public Administration Legislation Committee, Transcript of Evidence, Estimates, 18 February 2002, p.129 (Moore-Wilton)

[77] Select Committee on a Certain Maritime Incident, Transcript of Evidence, 18 April 2002, p.1258 (Bryant)

[78] For example, Transcript of Evidence, 1 September 2004, p.57 (Scrafton)

[79] Transcript of Evidence, 1 September 2004, p.4 (Scrafton)

[80] Transcript of Evidence, 1 September 2004, pp.47-49

[81] Transcript of Evidence, 1 September 2004, p.4, p.53 (Scrafton)

[82] Transcript of Evidence, 1 September 2004, pp.52-53 (Scrafton)

[83] Transcript of Evidence, 1 September 2004, p.117 (Scrafton)

[84] Enclosure to Bryant Report, Statement by Mr Mike Scrafton, 14 December 2001

[85] Transcript of Evidence, 1 September 2004, p.82 (Powell) and p.91 (Noonan)

[86] Transcript of Evidence, 1 September 2004, p.4 (Scrafton)

[87] Transcript of Evidence, 1 September 2004, p.57 (Scrafton)

[88] Transcript of Evidence, 1 September 2004, p.55 (Scrafton)

[89] Transcript of Evidence, 1 September 2004, p.54 (Scrafton)

[90] Transcript of Evidence, 1 September 2004, p.18, p.70 (Scrafton)

[91] Transcript of Evidence, 1 September 2004, p.4 (Scrafton)

[92] Transcript of Evidence, 1 September 2004, p.62 (Scrafton)

[93] Transcript of Evidence, 1 September 2004, p.63 (Scrafton)

[94] Transcript of Evidence, 1 September 2004, pp.62-63 (Scrafton)

[95] Transcript of Evidence, 1 September 2004, p.18 (Scrafton)

[96] Transcript of Evidence, 1 September 2004, p.60 (Scrafton)

[97] Commander Noonan's statement, p.1

[98] Transcript of Evidence, 1 September 2004, p.6 (Scrafton)

[99] Transcript of Evidence, 1 September 2004, pp.103-104 (Brandis)

[100] Transcript of Evidence, 1 September 2004, pp.105-106 (Brandis)

[101] Transcript of Evidence, 1 September 2004, p.36 (Scrafton)

[102] Transcript of Evidence, 1 September 2004, p.98 (Scrafton)

[103] For example, Transcript of Evidence, 1 September 2004, pp.6, 93

[104] Transcript of Evidence, 1 September 2004, p.39 (Scrafton)

[105] Transcript of Evidence, 1 September 2004, pp.39,96 (Scrafton)

[106] Transcript of Evidence, 1 September 2004, p.96 (Scrafton)

[107] Transcript of Evidence, 1 September 2004, p.94 (Scrafton)

[108] Transcript of Evidence, 1 September 2004, p.106 (Scrafton)

[109] Transcript of Evidence, 1 September 2004, p.106 (Scrafton)

[110] Transcript of Evidence, 1 September 2004, p.107 (Scrafton)

[111] Transcript of Evidence, 1 September 2004, p.107 (Scrafton)

[112] Transcript of Evidence, 1 September 2004, p.40 (Scrafton)

[113] This point was made by professional script writer Bill Garner in a letter to The Age newspaper, 9 September 2004

[114] Transcript of Evidence, 1 September 2004, p.108 (Scrafton)

[115] Transcript of Evidence, 1 September 2004, p.15 (Scrafton)

[116] Prime Minister, Media Release, "Claims by Mr Scrafton", 27 August 2004, found at: www.pm.gov.au/news/media_releases/media_Release1103.html, accessed 31 August 2004.

[117] Statement by Mr Paul McClintock, attachment to Prime Minister's media release of 27 August 2004

[118] Statements by Arthur Sinodinos and Tony O'Leary, attachment to Prime Minister's media release of 27 August 2004

[119] The CMI inquiry's terms of reference instructed that Committee to examine: '(b)(iii) Federal Government control of, and use of, information about the incident, including written and oral reports, photographs, videotapes and other images'.

[120] This table presents the evidence given by Mr Scrafton in front of this Committee, and should be read in conjunction with the evidence of witnesses to the CMI inquiry presented in Chapter 2. Page references in square brackets refer to this Committee's Transcript of Evidence, 1 September 2004

[121] Director of Media Liaison, Department of Defence

[122] Media Adviser to Mr Reith

[123] Military Adviser, Public Affairs and Corporate Communication, Department of Defence

[124] Head, Public Affairs and Corporate Communication, Department of Defence

[125] Senior Adviser (International) to the Prime Minister

[126] Head Strategic Command, Department of Defence

[127] Commander Australian Theatre, Royal Australian Navy

[128] Chief of Staff to Defence Minister, Peter Reith

[129] Deputy Secretary and Chair of People Smuggling Taskforce, Department of the Prime Minister and Cabinet

[130] CMI Report, pp.113-117

[131] CMI Report, p.117

[132] Transcript of Evidence, 1 September 2004, p.22 (Scrafton)

[133] CMI Report, p.83

[134] Transcript of Evidence, 1 September 2004, p.11 (Scrafton)

[135] Transcript of Evidence, 1 September 2004, p.22 (Scrafton)

[136] Transcript of Evidence, 1 September 2004, p.12, p.27 (Scrafton)

[137] Transcript of Evidence, 1 September 2004, p.12, p.28 (Scrafton)

[138] CMI Report, pp.132-133

[139] Transcript of Evidence, 1 September 2004, p.27 (Scrafton)

[140] Transcript of Evidence, 1 September 2004, p.31 (Scrafton)

[141] Transcript of Evidence, 1 September 2004, p.32 (Scrafton)

[142] CMI Report, p.116

[143] CMI Report, pp.124-126

[144] Transcript of Evidence, 1 September 2004, p.11 and p. 23 (Scrafton)

[145] Transcript of Evidence, 1 September 2004, p.13 (Scrafton)

[146] Transcript of Evidence, 1 September 2004, p.27 (Scrafton)

[147] Transcript of Evidence, 1 September 2004, p.34 (Scrafton)

[148] Transcript of Evidence, 1 September 2004, p.33 (Scrafton)

[149] Transcript of Evidence, 1 September 2004, p.34 (Scrafton)

[150] CMI Report, p.124

[151] CMI Report, p.65

[152] Transcript of Evidence, 1 September 2004, p.24 (Scrafton)

[153] Transcript of Evidence, 1 September 2004, p.24 (Scrafton)

[154] Transcript of Evidence, 1 September 2004, p.16 (Scrafton)

[155] Transcript of Evidence, 1 September 2004, p.12 (Scrafton)

[156] Transcript of Evidence, 1 September 2004, p.25 (Scrafton)

[157] CMI Report, p.65

[158] CMI Report, p.142

[159] CMI Report, p.139

[160] CMI Report, p.139

[161] CMI Report, pp.86-87

[162] Senate Finance and Public Administration References Committee, Staff employed under the Members of Parliament (Staff) Act 1984, October 2003, pp.78-80

[163] See also CMI Report, Chapter 6

[164] Senate Finance and Public Administration References Committee, Staff employed under the Members of Parliament (Staff) Act 1984, October 2003, p.79

[165] CMI Report, p.152

[166] The number of telephone conversations is a significant and controversial issue. Mr. Scrafton's evidence on this matter, and the objective evidence provided by telephone logs, is discussed at paras 31ff., in particular paras 38-41.

[167] Scrafton Inquiry Hansard p.64

[168] i.e. that children had been thrown overboard from SIEV 4

[169] Scrafton Inquiry Hansard p.6.

[170] Scrafton Inquiry Hansard pp.46, 64, 70, 73

[171] Scrafton Inquiry Hansard p.48

[172] ibid.

[173] ibid. p.54

[174] ibid. p.55

[175] ibid. p.62

[176] ibid. p.6

[177] Scrafton Inquiry Hansard pp.35-36

[178] Scrafton Inquiry Hansard pp.39-42

[179] Scrafton Inquiry Hansard p.92

[180] Scrafton Inquiry Hansard pp.93-94

[181] Scrafton Inquiry Hansard pp.95-99

[182] Scrafton Inquiry Hansard p.100

[183] ibid. pp.109-10

[184] Scrafton Inquiry Hansard p.100

[185] Scrafton Inquiry Hansard p.105

[186] Scrafton Inquiry Hansard p.106

[187] ibid

[188] ibid

[189] Scrafton Inquiry Hansard p.107

[190] The Mikado, Act II. This is not the first occasion upon which witnesses appearing before the Senate in relation to the children overboard affair have assumed a somewhat Gilbertian character: cf. CMI Report, p. 531, para. 9

[191] ibid.p.70

[192] Transcript of Prime Minister's Doorstop Interview, Richmond, 1 September 2004, pp.5-6

[193] Para 7.107 - CMI report

[194] e.g. Senate Finance and Administration References Committee report into Staff employed under the Members of Parliament (Staff) Act 1984, October 2003

[195] e.g. Senator A. Bartlett, Senate debates, Hansard, 30/8/2004, p.26677

[196] Scrafton Committee Hansard, 1/9/2004, p.11

[197] [1]Chapter 3 of CMI report

[198] http://www.nauruwire.org/nauru.htm

[199] Media release by the Minister for Immigration, Senator Amanda Vanstone, 2/12/2004

[200] ibid

[201] UNHCR Return Advisory Regarding Iraqi Asylum Seekers and Refugees, September 2004

[202] http://www.nauruwire.org/nauru.htm

[203] "A bit of empathy wouldn't go amiss", Gerard Henderson, Sydney Morning Herald, 17/8/2004