ICAC Bruce Lander lashes Michael Abbott QC over ‘personally offensive’ allegations surrounding secret anti-corruption hearings
THE state’s anti-corruption watchdog has rejected “personally offensive” claims from a top QC that his powers have been abused in secret hearings — and says he will welcome additional transparency in his role.
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SOUTH Australia’s anti-corruption watchdog has rejected “personally offensive” claims that his powers have been abused, in a forensic rebuttal of allegations from the state’s top QC.
Independent Commissioner Against Corruption Bruce Lander on Monday appeared before State Parliament’s Crime and Public Integrity committee, which is inquiring into a push to allow open maladministration hearings and the watchdog’s broader powers.
A fortnight ago top lawyer Michael Abbott, who has represented former ministers Tom Koutsantonis and Leesa Vlahos at maladministration hearings before Mr Lander, made a raft of allegations including that the ICAC was a “Star Chamber” which ran a “trial by ambush”.
In an extraordinary two-hour prepared statement read to the committee, Mr Lander clinically dissected Mr Abbott’s claims, which he said were wrong in fact and misunderstood the law.
He said calling the ICAC a “Star Chamber” invoked an all-powerful English court from the mid-15th Century that met in secret and made arbitrary decisions against accused persons.
Mr Lander said he only held private hearings because he was forced to do so by existing law, and strongly rejected suggestions his decisions were arrived at without due process.
Mr Lander said he would “embrace” the additional scrutiny open hearings bring.
“It is necessary that people have confidence in the process,” he said.
“If the process is always in private, and they don’t know what is said in private, they can’t have any confidence in the process.
“The process has got to be unpacked so that the public understand that the administrative decision-maker went about the process fairly.
“The complaint that Mr Abbott has made here is that I didn’t go about these matters fairly.
“I’m asking for greater scrutiny. Now, why would I do that if I acted unfairly?
“I’m asking for the public to notice the way in which I go about my work.
“I think that is important. “That gives the process an integrity.”
Mr Lander said it must be understood that he was no longer a judge, but an investigator. That meant his powers and responsibilities should not exactly mirror a court, Mr Lander said.
Under reforms proposed by Premier Steven Marshall, Mr Lander would continue to gather evidence on claims of criminal conduct in secret, before the evidence was presented to the Director of Public Prosecutions to be tried in open court. However, Mr Lander would gain the power to decide if public sector maladministration inquiries were held in the open.
He has held the high-profile Gillman land deal and Oakden aged care inquiries in secret.
All parties in Parliament support the concept of open hearings, but the Opposition is reserving its rights on the details of how they would be conducted and any wider reform.
Liberal MP and committee chair Dennis Hood said he and colleagues regretted “statements that have been made here in the evidence that has been taken that are offensive to you”.
“It is absolutely not our intention,” Mr Hood said. “We have made a decisions that, given the standing of the individuals that have been called before the committee, that we’re not responsible for their remarks. “It’s not our role, necessarily, to curtail them.”
Mr Lander also faced questioning from Mr Koutsantonis, who said he feared open hearings would be held in such a way that the public could confuse them with a court.