Backlash for judge on Corruption and Crime Commission

One of WA’s most prominent judges has been slammed for his role in the Corruption and Crime Commission’s controversial investigations into former premier Brian Burke and ex-minister ­Julian Grill.

One of Western Australia’s most prominent judges has been slammed over his crucial role in the Corruption and Crime Commission’s controversial investigations into former WA premier Brian Burke and ex-minister ­Julian Grill.

And Mr Burke himself has lashed out at the record of not just WA’s CCC but corruption bodies across the country, criticising them over their chequered records and the impact of their ­investigations on the innocent and vulnerable.

Speaking at the launch of Mr Grill’s new book Secret State – which details the experience of the high-profile pair as well as dozens of other politicians, public servants and others at the hands of the CCC and who were all ultimately cleared of any serious wrongdoing – prominent Perth lawyer Stephen Penglis SC highlighted what he said was an ­“extraordinary” section of the book on the conduct of the CCC’s counsel assisting Stephen Hall.

Justice Hall was appointed to the Supreme Court in 2009, and led the high-profile trial of Claremont killer Bradley Edwards.

In the book, Mr Grill detailed how Justice Hall told the CCC hearing that it would recall witnesses who had been “less than completely frank and honest in their evidence”, while warning that they risked “committing further offences” if they continued to maintain their “false” stories.

In his book, Mr Grill writes that “brazenly broadcasting the recall of witnesses, using the words employed, was to prejudge the issue and stigmatise everyone recalled as a potential criminal liar”.

The book also details how those comments by Justice Hall were seized on by acting parliamentary inspector Chris Zelestis QC in 2011 – by which time Justice Hall had been appointed to the Supreme Court – who said the now-judge had contravened the CCC Act by raising the matter of potential criminal offences.

“No power at all is given to the commission in that regard. It would be inconsistent with a person’s right to a fair trial upon an ­allegation of commission of an ­offence to allow the commission to make public statements about the commission of offences,” Mr Zelestis wrote.

“Thus, the prohibition … is of fundamental importance in preserving the basic elements of the system of justice that prevails in Western Australia.”

Justice Hall was contacted for comment.

Events around the country this week have added fresh currency to Mr Grill’s attempt to rewrite the history of the CCC investigations that hurt his reputation and destroyed his lobbying business, and which he said ruined the ­careers and lives of about 40 innocent public servants, ministers and others who became ­embroiled in the saga.

The Queensland government this week announced an investigation into the state’s own CCC after a series of failed prosecutions and the resignation of the ­agency’s chairman.

Mr Burke said that while both he and Grill agreed anti-corruption bodies were vital, they needed to be structured in a way that would avoid damage to innocent parties. The easiest way to do that, they said, would be to abolish public hearings. Speaking at the book launch, Mr Burke highlighted how no less than three NSW premiers had their political careers destroyed by ICAC investigations that appeared to have little substance behind them.