Monday 23 August 2004

Libs step up attack on Carr over retail centre, The Australian, 23 August, 2004.

Libs step up attack on Carr over retail centre: [2 All-round First Edition]

Drew Warne-Smith, John Stapleton. The Australian [Canberra, A.C.T] 23 Aug 2004: 2.
An upper house inquiry into the Orange Grove centre is investigating whether there was any interference from rival retailer Westfield in the rezoning decision that will close the $20 million complex. It is a charge Mr [Bob Carr] has consistently and aggressively denied, despite embarrassing revelations that his own senior adviser, Graeme Wedderburn, had met with Westfield executive Mark Ryan before the rezoning.
Mr [John Brogden] said the Opposition's Save Orange Grove Bill 2004 would rezone the land on which the Orange Grove complex in Liverpool is built. The complex was declared illegal in June by the NSW Court of Criminal Appeal. The ruling held that the outlet breached planning rules because it was built in an industrial zone.

Full Text

THE NSW Opposition yesterday intensified its attack on the embattled Carr Government over the Orange Grove shopping centre, which faces closure this week with the loss of 450 jobs.
Opposition Leader John Brogden said he would introduce a bill when parliament resumed later this month to try to stop the closure of the shopping centre in southwestern Sydney, which has dogged the Government in recent months.
Bob Carr is already facing one of his toughest challenges as Premier over accusations that he has compromised an anti-corruption watchdog inquiry into one of his ministers.
The NSW Independent Commission Against Corruption last week ordered him to explain to its inquiry why he should not be charged with contempt, despite his withdrawing the offending comments.
Mr Carr had earlier claimed that former health minister Craig Knowles, accused of bullying whistleblower nurses, had been "vindicated".
Mr Brogden accused Mr Carr of arrogance after the Premier said he would send his lawyers, rather than front the ICAC personally, to explain on September 10.
An upper house inquiry into the Orange Grove centre is investigating whether there was any interference from rival retailer Westfield in the rezoning decision that will close the $20 million complex. It is a charge Mr Carr has consistently and aggressively denied, despite embarrassing revelations that his own senior adviser, Graeme Wedderburn, had met with Westfield executive Mark Ryan before the rezoning.
On Wednesday this week, Mr Ryan, previously a press secretary to former prime minister Paul Keating, is expected to give evidence to the inquiry about his meeting with Mr Carr's office.
Mr Brogden said the Opposition's Save Orange Grove Bill 2004 would rezone the land on which the Orange Grove complex in Liverpool is built. The complex was declared illegal in June by the NSW Court of Criminal Appeal. The ruling held that the outlet breached planning rules because it was built in an industrial zone.
The appeals court ruling followed action in the NSW Land and Environment Court by Westfield, which had challenged the right of its rival to continue operating in the suburb.
Orange Grove owner Nabil Gazal's company Gazcorp has until Thursday to launch an appeal or be shut down, leaving 450 people out of work.
Many Orange Grove shopkeepers and local residents declared yesterday they would never shop at Westfield again. Others said they hoped Mr Carr would be tipped out of office.
Editorial -- Page 8
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Wednesday 18 August 2004

Coroner clears TJ Hickey case cops, The Australian, 18 August, 2004.

Coroner clears TJ Hickey case cops: [1 TC Edition]

Louise Milligan, John Stapleton. The Australian [Canberra, A.C.T] 18 Aug 2004: 3.
Show highlighting
NSW Coroner John Abernethy found police had followed [TJ Hickey] on his bike shortly before he was impaled on a fence but that they were not responsible for the 17-year-old's death.
Mr Abernethy was also critical of the area's Aboriginal community for spreading "rampant gossip and innuendo" in the aftermath of TJ's death.
Ms [Gail Cargill] said outside court that while Ms Hickey was relieved Mr Abernethy found police were following her son, she was disappointed he did not find them responsible for his death and the driver of the car following TJ, Michael Hollingsworth, did not have to give evidence.
TJ Hickey's mother was inconsolable yesterday after the police accused of causing the death of the young Aboriginal boy were cleared of any wrongdoing.
NSW Coroner John Abernethy found police had followed TJ on his bike shortly before he was impaled on a fence but that they were not responsible for the 17-year-old's death.
"I urge you now ... to put the matter behind you," he told shocked members of the Hickey family.
Mr Abernethy also downplayed evidence that the four officers had discussed their evidence and changed their stories between statements.
He attributed it to the traumatic nature of the day.
The teenager's death sparked anti-police riots in the inner Sydney suburb of Redfern in February this year.
Mr Abernethy was also critical of the area's Aboriginal community for spreading "rampant gossip and innuendo" in the aftermath of TJ's death.
"No justice!" shouted one friend of the Hickey family, while TJ's mother, Gail Hickey, wept uncontrollably.
Ms Hickey fled the courtroom and her aunt, Gail Cargill, later delivered a statement on her behalf.
Ms Cargill said outside court that while Ms Hickey was relieved Mr Abernethy found police were following her son, she was disappointed he did not find them responsible for his death and the driver of the car following TJ, Michael Hollingsworth, did not have to give evidence.
Mr Abernethy did not adopt the scathing criticism of his counsel assisting, Liz Fullerton SC, who had said it was "disappointing" the actions of constables Michael Hollingsworth and his partner, Maree Reynolds, were not "accurately, faithfully and honestly recorded, and at the end result, doubt attends their actions".
Police yesterday patrolled the Redfern district in groups of four or six concerned there would be a backlash to the findings.
"People are still trying to talk it through, the family is having a talk, everyone is quite shocked," said community leader Kay Mundine.
"It is a time when people feel protective. People were expecting a lot more. It is not about justice, it is about the law. We have a long journey with the family. It was an horrific death."
In a press conference after the findings, NSW Police Commissioner Ken Moroney said he would be more concerned if the police officers' statements were identical and "picture perfect" than if they had some inconsistencies.
Mr Moroney agreed with the coroner's findings that the trauma of the day might have affected the officers' ability to recall events clearly.
"Obviously this was a most traumatic set of circumstances ... It would not be inconceivable then that in their recollection of this particular incident there may have been some inconsistencies. But inconsistencies in stories do not amount to lies," he said.
"I supported each and every one of my officers on the morning after the incident involving Thomas Hickey, I supported them after the riot and my support remains for those officers," he said.
He said it was well within Constable Hollingsworth's rights as a civilian to seek legal advice and refuse to give evidence.
Editorial -- Page 12
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Monday 9 August 2004

Premier orders Butler to crisis talks, The Australian, 9 August, 2004. Additional reporting.

Premier orders Butler to crisis talks - Governor in car chase through Hobart in fallout from staff exodus: [1 All-round Country Edition]

Richard Gluyas, Matthew Denholm, Additional reporting: John Stapleton. The Australian [Canberra, A.C.T] 09 Aug 2004: 3.
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RICHARD Butler has 24 hours to prepare a convincing argument that he should remain the Tasmanian Governor after a frustrated Premier Paul Lennon yesterday ordered the irascible former diplomat to a crisis meeting about his handling of the vice-regal post.
The circus surrounding Mr Butler became even more farcical yesterday when he was involved in a high-speed car chase in Hobart involving a police escort and three media cars -- just days after the Governor and his wife Jennifer physically clashed with a cameraman in Sydney.
Asked if was looking forward to returning to Tasmania, an indignant Mr Butler said: "I am not ..." He then thought better of it and said: "Any of your questions should be directed to the Department of Premier and Cabinet." Chaos ensued when he and his wife landed at Hobart airport at around 4.30pm.
RICHARD Butler has 24 hours to prepare a convincing argument that he should remain the Tasmanian Governor after a frustrated Premier Paul Lennon yesterday ordered the irascible former diplomat to a crisis meeting about his handling of the vice-regal post.
Mr Lennon is said to be furious about the controversy circling Mr Butler, who was appointed only last October, and yesterday stopped short of expressing confidence in him despite having done so on Friday after the three most senior staff at Government House had resigned.
"I will sit down with the Governor, I will ensure that the propriety of the office of governor is maintained for Tasmania, (and) that the vice-regal duties can be undertaken properly and appropriately," Mr Lennon said.
"In fairness, if you were in my position that is exactly what you would be wanting to do, to sit down with the person involved in the controversy and have a discussion with that person face to face." However, asked several times, Mr Lennon refused to say he had full confidence in Mr Butler.
The circus surrounding Mr Butler became even more farcical yesterday when he was involved in a high-speed car chase in Hobart involving a police escort and three media cars -- just days after the Governor and his wife Jennifer physically clashed with a cameraman in Sydney.
Opposition Leader Rene Hidding told The Australian he did not yet consider there was a constitutional crisis.
But he said it was absolutely vital for the head of state to be in a "stable and non-controversial position" to exercise the reserve powers to appoint or withdraw the commission of the government of the day.
"Therefore, Paul Lennon, as minister for the office of the governor, has a solemn duty to ensure that public confidence in the governor is maintained at all times," he said.
Mr Hidding said the extraordinary chase scene yesterday did not give him any confidence that the governor's position had stabilised and was non-controversial.
Asked how he would describe Mr Butler's behaviour, he said: "Controversial." The Governor left Sydney yesterday after being the narrator last week for a performance at the Opera House by the Sydney Symphony Orchestra.
Photographed at the airport by a cameraman from The Australian, Mr Butler appeared unhappy and complained to Qantas staff, who asked thephotographer to stop and said security had been called.
Asked if was looking forward to returning to Tasmania, an indignant Mr Butler said: "I am not ..." He then thought better of it and said: "Any of your questions should be directed to the Department of Premier and Cabinet." Chaos ensued when he and his wife landed at Hobart airport at around 4.30pm.
They managed to avoid the media at first by getting into a gold Mercedes parked on the tarmac.
But three media cars from the The Mercury newspaper in Hobart, as well as the ABC and the Southern Cross television network, began chasing theMercedes, which was escorted by an unmarked police car.
One source said the police car straddled both lanes to stop the media cars passing the Mercedes and taking photographs.
Speeds in excess of 125km/h were recorded on the 20km freeway to Hobart, which has a speed limit of 110km/h.
Two marked police cars were waiting at Government House as the Mercedes sped through the gates. "It was all very untidy," said one participant.
Mr Butler's term as governor has been characterised by a series of gaffes, political commentary and repeated displays of behaviour considered by many Tasmanians to fall short of the requirements of vice-regal office.
Mr Hidding said he was keeping an open mind. "What we want to hear the Premier say is that he has total confidence, with the new staff in place at Government House, that circumstances have changed and this won't happen again," he said.
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Collette wakes up to a morning rush, The Australian, 9 August, 2004.

Collette wakes up to a morning rush: [1 All-round Country Edition]

Stapleton, John. The Australian [Canberra, A.C.T] 09 Aug 2004: 5.
Show highlighting
TONI Collette the actor became Toni Collette the environmentalist and fitness fan yesterday when she took part in Sydney's annual City to Surf fun run as part of a Greenpeace team.
When asked how she had prepared herself for the gruelling run, Collette said it was a simple but efficient regime. "A couple of eggs on toast and a bit of water," she said. "I do about an hour of exercise every day, but 14km is a bit of a stretch." Another well- known participant was Steve Moneghetti, who's 1991 race record of just over 40 minutes still stands. The 41-year-old showed why he was the grand old man of Australian distance running, leading for most of the race before coming in third in 41.19 minutes, just 1.16 seconds slower than his record.
TONI Collette the actor became Toni Collette the environmentalist and fitness fan yesterday when she took part in Sydney's annual City to Surf fun run as part of a Greenpeace team.
The Oscar-nominated star, who came to fame as the chubby Abba fan Muriel Heslop in the 1994 movie Muriel's Wedding, looked fit and healthy in her tight-fitting Greenpeace T-shirt.
Lining up with 64,000 others in the city before the 14km run, the 31-year-old was all smiles and enthusiasm.
"This is the best way to wake up, thrust yourself into a rush of thousands and move your body," Collette said.
The well-loved actress, who has won four AFI best actress awards over the past decade, is back home in Australia promoting her latest movie, Connie and Carla, about two singers who impersonate drag queens to get a break in show business.
"It's a really fun way to raise money for Greenpeace, and it's much-needed money," she said.
When asked how she had prepared herself for the gruelling run, Collette said it was a simple but efficient regime. "A couple of eggs on toast and a bit of water," she said. "I do about an hour of exercise every day, but 14km is a bit of a stretch." Another well- known participant was Steve Moneghetti, who's 1991 race record of just over 40 minutes still stands. The 41-year-old showed why he was the grand old man of Australian distance running, leading for most of the race before coming in third in 41.19 minutes, just 1.16 seconds slower than his record.
It was the first time he had competed in 13 years, explaining thathe said he was safely retired and therefore more able to enjoy the event.
Tanzania's Patrick Nyangelo won the 14km road race in 41 minutes four seconds, while Olympic runner Haley McGregor, from Victoria, took out the women's division in 46 minutes 22 seconds. She was due to fly out today to join the Olympic team in Athens and described the race as "a big confidence booster".
One-hundred-year-old Philip Rabinowitz, running his fourth City to Surf, crossed the finish line in just over three hours.
A race spokeswoman said Rabinowitz, who ran with 30 of his relatives keeping an eye on him, finished in "good shape, good health and good humour".
Most of those taking part were "weekend warriors" -- those people who decide to take part in the weeks leading up to the race and undertake a training regimen before the big day.
In the city of the Mardi Gras, many just took it as opportunity to dress up.
George Bush, Osama bin Laden and Saddam Hussein walked side by side, in the midst of gorillas, Elvis impersonators, dinosaurs and Spiderman.
Race organisers said there were no reports of any serious injuries.
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Thursday 5 August 2004

Hardie 'did not give court full facts', The Australian, 5 August, 2004.

Hardie `did not give court full facts': [1 All-round Country Edition]

Ean Higgins, John Stapleton. The Australian [Canberra, A.C.T] 05 Aug 2004: 6.
The inquiry has heard allegations that [Hardie] misled NSW Supreme Court judge Kim Santow in 2001 when it sought approval to move its corporate operations to The Netherlands.
Mr [Michael Slattery QC] said Hardie had tried to stave off legal action from the foundation until it had cut off all options for the foundation to get its hands on Hardie money, including by cancelling the partly paid shares.
Counsel representing the unions and asbestos victim groups, Jack Rush QC, said the foundation could seek recompense from Hardie over the alleged misleading of Justice Santow.

Full Text

THE NSW Supreme Court might have blocked James Hardie Industries' bid to quarantine its asbestos liabilities if the company had given the judge the full facts, the commissioner investigating the affair said yesterday.
The comments by David Jackson QC were his first on one of the most critical aspects of Hardie's underfunding of the trust set up to pay the claims of asbestos disease victims.
If he found Hardie's conduct "entirely legal but ... rather shabby", he asked if he should say so in his findings.
Mr Jackson's comments came as unions applied more pressure to the giant building products company, with a march in Sydney and a growing campaign to boycott Hardie products.
The inquiry has heard allegations that Hardie misled NSW Supreme Court judge Kim Santow in 2001 when it sought approval to move its corporate operations to The Netherlands.
In response to questions from Justice Santow, Hardie said its Australian shell company could meet residual asbestos disease claims by calling on $1.9 billion of partly paid shares from its new Dutch parent.
But the company cancelled the shares in March last year, without telling the court or the stock exchange.
In the inquiry yesterday, Mr Jackson said there would have been various possibilities if the court had known the partly paid shares might be cancelled.
One was "the scheme wouldn't have been approved"; another that the company would not have been allowed to cancel the shares.
Those involved began presenting final submissions to the inquiry, which is due to report in September.
First to appear was Michael Slattery QC, representing the Medical Research and Compensation Foundation, the trust set up by Hardie in 2001 with $293million, and which now faces a shortfall of up to $2billion to meet claims.
Mr Slattery said Hardie had tried to stave off legal action from the foundation until it had cut off all options for the foundation to get its hands on Hardie money, including by cancelling the partly paid shares.
"There was obviously a consciousness six months before the partly paid shares were in fact cancelled that the potential creditor on the radar screen was the MRCF," Mr Slattery said.
Counsel representing the unions and asbestos victim groups, Jack Rush QC, said the foundation could seek recompense from Hardie over the alleged misleading of Justice Santow.
Mr Rush said Hardie had set out "to divorce itself from its Australian history, which has been based on the production of asbestos products".
"If an individual step involved the necessity to mislead or deceive to achieve its outcome, that would be done," he said.
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Monday 2 August 2004

Guard set for murder charge, The Australian 2 August, 2004.

Guard set for murder charge: [2 All-round First Edition 1]

Stapleton, John. The Australian [Canberra, A.C.T] 02 Aug 2004: 3.
Show highlighting
Angered by weekend reports on the death, police yesterday issued a dramatic ultimatum to Ms [Karen Brown] to attend the local station by 6pm last night. But she failed to show. Ms Brown shot dead William Aquilina, 25, after he hit her across the head with knuckledusters and robbed her of more than $30,000 worth of takings from a nearby hotel in western Sydney last Monday.
Police said if they were unable to locate Ms Brown, and were granted court leave to begin proceedings today, the case would be sub judice and Today Tonight would be unable to screen the interview.
Liverpool local area commander Terry Jacobsen said either Ms Brown "surrenders herself to Liverpool police station and tells us anything she wants us to hear or we will proceed to issue a court attendance notice for murder".
SYDNEY security guard Karen Brown faces a murder charge after she gave a paid television interview but failed to speak to police about a shooting last week.
Angered by weekend reports on the death, police yesterday issued a dramatic ultimatum to Ms Brown to attend the local station by 6pm last night. But she failed to show. Ms Brown shot dead William Aquilina, 25, after he hit her across the head with knuckledusters and robbed her of more than $30,000 worth of takings from a nearby hotel in western Sydney last Monday.
Police are expected to appear this morning in Liverpool Local Court to seek a "court attendance notice for murder".
Despite the fact she said she was too ill to speak to police until tomorrow, Ms Brown gave a paid interview to the Seven Network. She also spoke to The Sunday Telegraph newspaper.
Sources suggest Ms Brown was paid about $100,000 for the interview with Seven's Today Tonight.
The Sunday Telegraph put her on the front page and Today Tonight will screen her interview tonight.
Police, angered by the developments, said they had taken on face value claims by Ms Brown's legal representative that she was not well enough to be interviewed. She has a fractured skull, eye socket and nose.
Police said if they were unable to locate Ms Brown, and were granted court leave to begin proceedings today, the case would be sub judice and Today Tonight would be unable to screen the interview.
Liverpool local area commander Terry Jacobsen said either Ms Brown "surrenders herself to Liverpool police station and tells us anything she wants us to hear or we will proceed to issue a court attendance notice for murder".
Because police were unable to locate Ms Brown, if they failed to serve the notice they would seek leave to file the notice in court without prior service.
"If we are granted that leave, criminal proceedings will have been commenced and the matter will be sub judice, and Today Tonight will need something else to fill the timeslot," he said.
"We would still wish to hear from Ms Brown before we make a final decision whether to proceed on murder charges. However, the evidence to date, which excludes any possible exculpatory evidence, is sufficient in my view to establish a prima facie case of murder."
Superintendent Jacobsen said nothing would have been achieved by arresting Ms Brown on the day of the shooting because of her condition. "We had every reason to believe she was seriously injured, and we have accepted in good faith what we have been told by her legal adviser," he said.
Seven denied suggestions the network had "squirrelled away" Ms Brown.
Aquilina had lived with his grandparents for the past eight years. His grandfather, former policeman Frank Rasmussen, told The Australian: "He was murdered ... in cold blood."
Ms Brown did not return phone calls yesterday.
Seven refused to reveal how much it had paid Ms Brown for the interview.
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