Naming protected parties mentioned in ICAC report into former Speaker Kezia Purick’s conduct may be ‘an offence’: Commissioner Ken Fleming
ICAC Commissioner Ken Fleming has warned people not to speculate over the identity of a protected witness mentioned in the scathing report into former Speaker Kezia Purick’s conduct
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DEPUTY Opposition Leader Gary Higgins has warned anyone naming protected parties in a damning ICAC report into former Speaker Kezia Purick could be breaking the law.
“I won’t be making a comment on either the allegations in the ICAC Report or the identity of the protected parties in the report,” Mr Higgins told Sky News.
There has been widespread speculation since the release of the report on Monday about the identity of a politician who has only been identified by the initials “AB”.
Mr Higgins said he would not be drawn on the identity of the protected witnesses.
But his concerns sparked a warning from ICAC Commissioner Ken Fleming that the speculation should end.
“I am very concerned about speculation regarding the identity of a protected person who has co-operated with the ICAC to expose improper conduct,” Mr Fleming said.
“Speculation regarding the identity of a protected person may cause harm to that person, compromise future ICAC investigations, and put that person at greater risk of retaliation.”
Mr Fleming said it was an offence under the ICAC Act to engage in retaliation and those who did so could be liable to pay compensation to the victim.
The ICAC report revealed AB exchanged text messages with Ms Purick about her plans to stifle Terry Mills and Robyn Lambley in their bid to establish a North Australia Party in the NT.
In Parliament on Tuesday, Ms Lambley called on the politician to identify themselves.
“Who is AB, who was potentially colluding with the former Speaker, the Member for Goyder Kezia Purick in this plot?” she said. “I think the person who is referred to in this report as AB needs to identify themselves right now, because it will be uncovered.”
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But Mr Higgins said anyone who named protected witnesses could be in breach of the ICAC Act.
“The Commissioner has said the Report should be referred to the Director of Public Prosecutions as a brief,” he said.
“It is fair to assume that this has happened or will happen shortly. As such legal proceedings are underway or may be underway in the near future, meaning that any comment would be inappropriate.
“The ICAC report also states that the use of pseudonyms has been employed to protect witnesses that provided evidence to the Commissioner.
“This power is built into the legislation as a whistle-blower provision.
“Naming any of the protected parties could also amount to the unauthorised disclosure of information under the Act. In either case, I won’t be speculating on the identity of the protected witnesses.”
The ICAC report found Ms Purick had sent a text message to AB on November 1, 2018 about the North Australia Party.
“I have been doing some research and …. North Australia Party registered as a business name already in QLD but not as a party. If the QLD do register as party, can’t register here. Need to do bit more work.”
There is no evidence that AB responded to that message or had any role in subsequent efforts by Ms Purick and her executive assistant Martine Smith to contact the Queensland businessman Bruce Young who had registered the North Australia Party business name.
On November 8, Sky News contacted Ms Purick requesting comment about her office’s inquiries to Mr Young.
She did not respond to that request, instead contacting AB via text message saying:
“Matt Cunninham (sic) onto me doing research into qld re question of name of party for mills and co. If you get asked deny deny deny.”
AB responded: “OK”.
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