[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