C.C.C. hearings re Smith’s Beach, Busselton Council

On 23 October 2006 the WA CCC started hearings into the Canal Rocks proposed development at Smith’s Beach, Yallingup involving Busselton council people and the CCC intends to call Brian Burke the ex WA Premier.

News items from the ABC and News.com.au are pasted below.

For transcripts of hearings go to; Corruption and Crime Commission of Western Australian website
Transcripts; http://www.ccc.wa.gov.au/transcripts.php

News.Com.au  in WA section
Former WA premier at corruption inquiry
By Adam Gartrell
October 23, 2006 06:06pm
Article from: AAP
 
DISGRACED former West Australian Premier Brian Burke is expected to give evidence at an inquiry into possible corruption by councillors in the state’s south-west.

The Corruption and Crime Commission (CCC) is examining whether candidates in last year’s Shire of Busselton local election accepted money from proponents of a controversial tourism and residential development but failed to adequately disclose the payments.

It is also investigating whether subsequent decisions made in the planning approval process were subject to “undisclosed or improper influence”.

Canal Rocks Pty Ltd wants to spend $330 million developing 45 hectares of land adjacent to Smith’s Beach, near Dunsborough, about 250km south of Perth.

But Canal Rocks was left seething in April 2003 when Busselton Shire Council announced it intended to amend its town planning scheme to strengthen environmental protections, making the Canal Rocks plan less profitable.

That amendment was still pending in the months leading up last May’s local election, when Canal Rocks and its consultants approached six people running for council.

The same candidates were later given a share of about $50,000 to fund their campaigns by an incorporated association called the Independent Action Group (IAG), which has been linked to Canal Rocks.

Three of the six candidates were subsequently elected to council and continued to hold meetings with Canal Rocks.

During his opening address to the commission today, counsel assisting the CCC, Stephen Hall, said it was possible there had been “serious misconduct by public officers”.

“Was IAG being used as a mere conduit for money to pass from Canal Rocks to candidates? Was there an intention to conceal the true source of the funding?” Mr Hall asked.

It is understood Brian Burke, who was WA premier from February 1983 until his resignation in February 1988, worked as a consultant for Canal Rocks and will give evidence to the commission.

The inquiry is set to last up to three weeks but it is not known when Mr Burke will take the witness stand.

Mr Burke spent seven months in jail in 1994 for travel expense rorts.

The amendment to the Busselton Shire town-planning scheme was finally gazetted in July this year after many delays.

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Monday, October 23, 2006. 6:50pm (AEST) ABC Online news, WA section
Corruption watchdog investigates council bribe allegations
The Corruption and Crime Commission (CCC) in Western Australia is investigating whether there has been any misconduct by councillors at a south-west shire over a proposed multi-million-dollar beach development.

The CCC is looking into attempts by owners of land at Canal Rocks, near Yallingup, to get approval for development of the site.

Counsel assisting the commission Stephen Hall SC has told the hearing six candidates for the Busselton Shire Council’s election last year received thousands of dollars in funding from a company linked to the developers.

Mr Hall says while it is too early to conclude whether there has been any misconduct, the CCC needs to examine the case.

“That possible misconduct relates to obligations in relation to the disclosure of electoral funding and whether decision-making processes have been improperly influenced,” he said.

“Misconduct of the types referred to is of great seriousness.”

Former premier Brian Burke is expected to be called as a witness because he was working as a consultant for the group that paid the money.

3 Responses to “C.C.C. hearings re Smith’s Beach, Busselton Council”

  1. Sam Says:

    Australian Broadcasting Corporation
    TV PROGRAM TRANSCRIPT
    LOCATION: http://www.abc.net.au/7.30/content/2006/s1783323.htm
    Broadcast: 07/11/2006
    Ex-premier fronts WA corruption hearing
    Reporter: Hamish Fitzsimmons
    KERRY O’BRIEN: Western Australia has been treated to a blast from its colourful political past this week as the disgraced former Premier Brian Burke gave evidence at a Crime and Corruption Commission hearing on a coastal development. While evidence at the inquiry has embarrassed both sides of politics, the investigation into alleged misconduct by the developer and the local shire council has also unearthed an unlikely political alliance. The commission has heard when Brian Burke was hired to lobby in favour of the $300 million resort development south of Perth, he sought assistance from controversial Liberal powerbroker Noel Crichton Browne. The Commission has heard allegations of threats and dirty tricks in the 10-year saga to develop a block of coastal bush. Hamish Fitzsimmons reports.

    HAMISH FITZSIMMONS: This stunning stretch of coastline near Yallingup three hours south of Perth is the site of the most controversial development proposal in WA. The Canal Rocks project is now the subject of a major investigation by WA’s Crime and Corruption Commission into allegations of misconduct by the developer and the local shire council. The $300 million resort at Smiths Beach has long been resisted by locals like Bill Mitchell.

    BILL MITCHELL: The sheer size and scale of this development isn’t a small tourist development, it’s a township. We’re talking about 117 houses, 265 units, 100-bed hotel, a beach club right on the point here dominating this beach area we sit on, overlooking it.

    HAMISH FITZSIMMONS: After 10 years of rejection by the Busselton Shire Council and desperate to get his project up, developer David McKenzie called in the big guns, employing former premier Brian Burke and former state Labor minister Julian Grill as lobbyists.

    DAVID BLACK, CURTIN UNIVERSITY: If any group of people feel they want to get somewhere, whether it’s to influence politically or whether they want to achieve a contract, they want to achieve favours from a local government or a state government or anyone else, these people know their way around. They know the contacts.

    HAMISH FITZSIMMONS: Brian Burke was the architect of the WA Inc. Years in the 1980.

    BRIAN BURKE: No, no comment, thanks.

    HAMISH FITZSIMMONS: During which the State lost about $600 million in bad investments and loans to failed businesses.

    NEWS ARCHIVE: The former Premier and his family arrived early. A grim Mr Burke, convicted on Wednesday and clearly aware of the possibility of jail.

    HAMISH FITZSIMMONS: His fall from grace was complete when he served seven months in jail in 1994 after being convicted of rorting his travel expenses while in office.

    DAVID BLACK: I think the thing about Brian Burke is those that were friends with Brian Burke were passionate friends of Brian Burke. They had a great deal of faith and belief in him at the time and in many respects they still do.

    HAMISH FITZSIMMONS: After he was hired by the Canal Rocks company, Mr Burke took the surprise step of employing a former political opponent and one of the Liberal Party’s most controversial power brokers to help lobby candidates during council elections last year.

    REPORTER: What do you think of the inquiry, though?

    NOEL CRICHTON-BROWNE: I’ve got no comment.

    HAMISH FITZSIMMONS: Former senator Noel Crichton Browne was expelled from the Liberal Party in 1995 after a series of incidents, including allegations of sexual harassment and threats against other politicians.

    NOEL CRICHTON-BROWNE: I feel sorry for the party because when people like Noel Ashley Crichton Browne can be ignominiously removed for political expediency there is no safety for anybody.

    HAMISH FITZSIMMONS: The Crime and Corruption Commission has heard the two men offered candidates for the Busselton Shire Council campaign advice and support. The inquiry was told seven candidates for the shire council received money for their campaigns from a lobby group called the Independent Action Group. It’s emerged that the Canal Rocks developer paid tens of thousands of dollars to the IAG on the recommendation of Brian Burke. Locals quickly smelled a rat when three of the seven IAG backed candidates made it on to council.

    BOB MCKAY, SMITHS BEACH ACTION GROUP: We met two new councillors and we asked to talk to them about their attitude to Smiths Beach and we wanted to give them our side of the story. So we asked them to come down to Smiths Beach and at that meeting one of the councillors stated quite clearly and openly that he took election funds from the developer.

    HAMISH FITZSIMMONS: The inquiry into the Canal Rocks development proposal and the local shire council here is somewhat unique in that it’s engulfed both sides of politics, and for sitting members of parliament caught up in the inquiry it’s presenting ongoing problems. Being seen to be in the pocket of Noel Crichton Browne or Brian Burke can create difficulties in the future.

    DAVID BLACK: The perception is, if you are seen to be linked in some way with these figures, you are enhancing the impression they are still in some way calling the shots. And if they are calling the shots this in some way is a problem for the parties.

    HAMISH FITZSIMMONS: The State Labor Government has been embarrassed by evidence in the inquiry. Developer David McKenzie told the CCC that last year he gave cabinet minister Norm Marlborough, who is a longstanding friend of Brian Burke’s, a $5,000 campaign donation. Mr McKenzie said Mr Marlborough then organised a meeting for him with officers of the government department assessing his development application at Smiths Beach.

    NORM MARLBOROUGH: I wouldn’t have thought being a member of parliament worth their salt who confronted with a situation where whatever group of people needed to, whether where they have differences, need to be brought together to see if those differences can’t be resolved where they wouldn’t occur.

    HAMISH FITZSIMMONS: But the State Opposition has also been caught up in the inquiry. The CCC wanted to know more about meetings Deputy Liberal leader Troy Buswell had with Noel Crichton Browne when he was shire president of Busselton. According to evidence given by another councillor, the former Senator threatened Mr Buswell’s future in the Liberal Party unless he changed his vote and supported the development application.

    TROY BUSWELL: I can’t comment on the exact nature of the conversation, but I can say that at no time was I specifically threatened by Mr Crichton Browne in that meeting in April in June of 2003.

    HAMISH FITZSIMMONS: The evidence in the CCC has angered local people like former councillor David Hunt.

    DAVID HUNT: I’m beginning to think now it might be a good thing to start afresh and a new council. Obviously there will be some new rules in place. Let’s face it, everyone will know what the rules are.

    HAMISH FITZSIMMONS: While the hearings continue in Perth, the resort plans remain in limbo and what started as a local development brawl, has been overshadowed by the strange political alliance that’s been revealed behind the scenes.

  2. Alasdair McBryde Says:

    I am a friend of Bill Mitchells and met him 13 years ago in Perth. I have been trying to get hold of him as we have not made contact in all these years. I would like to get his contact details (email or mobile phone) as I would like to thank him for the advice, help and hospitality he showed me all those years ago. Would really appreciate your help. Many thanks, Alasdair

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