Chapter 6

Chapter 6

Conclusions

6.1                  In this chapter, the committee's conclusions and findings are summarised.

6.2                  There can be little doubt that this is one of the worst cases of improper interference with the operations of a Senate committee that this committee has examined. A public servant who behaved in a politically partisan fashion used the process of a Senate committee inquiry and, with it, the protection of parliamentary privilege to raise allegations of corruption against senior government ministers based on a document which, it later emerged, had been fabricated by that person. The person, Mr Godwin Grech was an apparently well respected and hard working public servant holding a position in the Senior Executive Service of the Department of the Treasury. Yet, Mr Grech engaged in correspondence and conversations with fellow politically partisan individuals, using Commonwealth IT and communications equipment for the purpose, and apparently working against the Government and in support of the Opposition and its federal parliamentary leader.

6.3                  These matters first came to the committee as terms of reference directed at establishing whether any adverse actions had been taken against Mr Grech in consequence of his evidence to the Senate Economics Legislation Committee on 19 June 2009. Only later, after revelations that Mr Grech had fabricated the email that he asserted he believed he had seen, were the second terms of reference, relating to possible false or misleading evidence and improper interference with the Economics Legislation Committee, agreed by the Senate.

6.4                  While the committee has examined both matters together, the second terms of reference and the admissions by Mr Grech did not affect its endeavours to establish the facts in relation to the first terms of reference and to take all steps to ensure that the protection of witnesses before Senate committees remained of paramount importance.

Possible adverse actions taken against Mr Godwin Grech in consequence of his evidence to a committee

6.5                  In respect of the matters examined in chapter 3, the committee finds as follows:

Media harassment

The AFP inquiry

Disciplinary action by Treasury

'Backgrounding' of the media

6.6                  In respect of action which the committee found to be both adverse and taken in consequence of Mr Grech's evidence, namely the undue pressure placed on Mr Grech by camera operators and photographers at and after the hearing, the committee also found no evidence of any intention on the part of those camera operators or photographers to cause any harm to Mr Grech or to the committee's operations. The committee has concluded, therefore, that no contempt was committed.

Recommendation 1

6.7                  In respect of its first terms of reference, the committee recommends:

  1. that the Senate endorse the committee's findings in paragraph 6.5 and the conclusion in paragraph 6.6 of the report;

  2. that the President of the Senate resume consideration of an appropriate response to flagrant breaches of the Presiding Officers' guidelines on filming and photography in Parliament House by members of the media on 19 June 2009, noting the committee's suggestion in paragraph 3.23 of the report; and

  3. that the Chairs' Committee established under standing order 25(10) consider model practices for handling the media at committee hearings, and the inclusion of additional information about witnesses' rights under the broadcasting resolutions in the standard information provided to all witnesses, as discussed in paragraphs 3.14 and 3.15 of the report.

Possible false or misleading evidence to, or improper interference with, a committee hearing

6.8                  In respect of the matters examined in chapter 4, the committee finds as follows:

False or misleading evidence by reference to a document later admitted to be false

Other false or misleading evidence

Collusive pre-arrangement of questions and answers for an undisclosed purpose

Improper use of a hearing

Possible interference with Mr Grech in relation to his evidence

Mr Grech's fitness to give evidence on 19 June 2009

6.9                  Although evidence was given to the Economics Legislation Committee by Mr Grech that was objectively false and misleading, and although the committee was also misled by references to an email later revealed to have been fabricated by Mr Grech, this committee has not been able to make findings about Mr Grech's state of mind at the time he took those actions. A finding of contempt by misleading a Senate committee depends upon the existence of a subjective intention to do so. This committee has not been able to conclude that Mr Grech knowingly and deliberately gave false or misleading evidence, or that he knowingly and deliberately misled the Economics Legislation Committee about the basis of its inquiry. This committee is frustrated by its inability to arrive at a conclusion as to Mr Grech's culpability, both because of the state of his health, and the practical difficulty of testing the claim of medical incapacity advanced by his treating doctor. Nevertheless, the committee is not in a position to dispute the medical evidence of Mr Grech's incapacity to participate in its proceedings. In these circumstances, the committee is unable to arrive at a conclusion that a contempt was committed by Mr Grech.

Recommendation 2

6.10             In respect of its second terms of reference, the committee recommends that the Senate endorse the committee's findings in paragraph 6.8 and the conclusion in paragraph 6.9 of the report.

 

George Brandis
Chair

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