ABC Commissioner Leigh Johns has today announced an inquiry into events at the centre of a recent committal hearing in the Melbourne Magistrates Court, in which the ABCC’s management of particular pieces of evidence in a 2009 matter was found to be deficient.
The Australian Government Solicitor (AGS) will conduct the inquiry at ABC Commissioner Johns’ request to determine exactly how errors in the evidence management process occurred, and how best to prevent a similar occurrence in the future.
“As ABC Commissioner I consider matters of evidentiary integrity to be of the utmost seriousness. That is why I have invited this Inquiry. What we saw in this matter is the full impact of our adversarial system of justice, a system I have the highest regard for as a lawyer,” said ABC Commissioner Leigh Johns.
“On this occasion an assessment was made by the Crown that the evidence, once tested, would not have supported the further conduct of the matter, as a result of errors made in the management of evidence.
“The errors at the centre of this matter occurred prior to my appointment as ABC Commissioner, and it is important to me that we develop a clear understanding of what happened, why it happened and the context in which it occurred.”
ABC Commissioner Leigh Johns said it was his choice to initiate an independent inquiry.
“I am adamant of the need to be open and honest about any deficiencies in our work. It is the only way we can learn from them and ensure they don’t occur again.
“We have nothing to fear from opening ourselves up to scrutiny of this nature.”
The AGS inquiry will look into the facts, matters and circumstances surrounding the evidence ABC Inspectors provided at a recent committal hearing.
The committal hearing concerned allegations of assault by senior union officials that were alleged to have occurred in March 2009.
A report detailing the findings, conclusions and recommendations of the inquiry will be publicly available once it is completed.
“I will make no further comment until the facts, matters and circumstances are determined by the AGS,” said ABC Commissioner Johns.
EDITORS NOTE: A full copy of the Terms of Reference is attached.
Terms of Reference
1. The Australian Government Solicitor (AGS) inquiry, initiated by the Australian Building and Construction Commissioner, will inquire into the facts, matters and circumstances surrounding the evidence of ABC Inspectors at the February 2012 committal hearing of John Setka and Matt Hudson (concerning events alleged to have occurred in March 2009) (“Setka/Hudson prosecution”).
2. AGS is to consider all aspects of the evidence, including whether the conduct of any officers of the Office of the Australian Building and Construction Commissioner in obtaining, preparing, and giving evidence, was in accordance with the professional standards that were, or might reasonably have been, expected of ABC Inspectors.
3. The AGS shall perform its duties without expressing any conclusion or recommendation about the legal liability of any person or organization.
4. The AGS shall complete its inquiry and provide legal advice in the form of a report containing its findings, conclusions and recommendations to the Australian Building and Construction Commissioner. The final report must be in a form appropriate for public release, in accordance with relevant laws concerning freedom of information and privacy.
5. To the extent the AGS considers it necessary, it may rely on any transcript or record of any proceedings from any court in relation to the Sekta/Hudson prosecution and on such other related material (including any material held by the Office of the Australian Building and Construction Commissioner) it considers relevant to its inquiry.
6. The Australian Building and Construction Commissioner will direct that his officers render full assistance to the AGS inquiry.