__________________________________________________________ TRANSCRIPT OF PROCEEDINGS __________________________________________________________ The attached transcript, while an accurate recording of evidence given in the course of the hearing day, is not proofread prior to circulation and thus may contain minor errors. 2009 VICTORIAN BUSHFIRES ROYAL COMMISSION MELBOURNE THURSDAY 11 JUNE 2009 (21st day of hearing) BEFORE: THE HONOURABLE B. TEAGUE AO - Chairman MR R. MCLEOD AM - Commissioner MS S. PASCOE AM - Commissioner __________________________________________________________ CRS WORDWAVE PTY LTD - A MERRILL COMPANY. 4/190 Queen Street, Melbourne. Telephone: 9602 1799 Facsimile: 9642 5185 2652 1 <RUSSELL REES, recalled: 2 MR CLELLAND: Mr Chairman, can I just deal with the matter that 3 arose yesterday with regard to the summaries of what 4 I will call the web and radio warnings with regard to the 5 major fires. There has been some significant industry 6 undertaken overnight and we are in a position to provide 7 to the Commission, and of course to counsel assisting and 8 the represented parties, the following materials. 9 Firstly, we tender a volume of transcript from ABC Western 10 Victoria radio, ABC Central Victoria radio and ABC 11 Gippsland. The Commission will find hopefully 12 conveniently that there are tabs dividing the radio 13 transcripts up accordingly, and will also find that there 14 is an explanation as to how those transcripts have been in 15 effect selected. It is by dint of a search by Media 16 Monitors using a number of key words and there is an 17 explanation set out at the front of the volume that I'm 18 about to hand up. So if we can tender that first of all. 19 CHAIRMAN: Yes, that will be exhibit 79. 20 #EXHIBIT 79 - Volume of transcript from ABC Western Victoria 21 radio, ABC Central Victoria radio and ABC Gippsland. 22 MR CLELLAND: There is one for each of the Commissioners. Now 23 Commissioners, just to give you a sense of what this 24 material looks like, you have already received in evidence 25 annexure 31, I think it is, to Mr Rees's statement which 26 is the, if you like, dump from the CFA website containing 27 the website messages. Now, these transcripts will include 28 both formal urgent threat messages, but if the Commission 29 turns to the very first transcript behind the tab for 30 western Victoria you will see that what is also included 31 is both information and advice and indeed commentary on .CRS-WordWave:MB 11/06/09 2653 DISCUSSION Bushfires Royal Commission 1 the fires. So in this first material at 1429 or 2.29 as 2 it is recorded on the transcript, you will see that what's 3 introduced by the presenter, Prue Bentley, is that the 4 station will be doing what she describes as a rolling 5 coverage on the Remlaw fire and the Coleraine fire all 6 afternoon, and indeed that's what occurs. Just to give 7 you a flavour, you will see that at page 3 there is an 8 interview then conducted with the incident controller, 9 I believe it is, from Horsham in relation to the Remlaw 10 fire. You will see it is Graham Parkes. He is 11 introduced. Then at page 4 he commences a very detailed 12 description of exactly where the fire is, how it is 13 behaving, the size of it and the expected wind change and 14 the effect that that might have. Basically throughout the 15 afternoon there is, as is stated - just pardon me for a 16 moment. As I say, this was done overnight. There are a 17 couple of glitches, but we are trying to get it right, 18 Commissioners, and we will correct the form of any of 19 these tenders if needs be. In any event, as I suggested, 20 throughout the afternoon there is a constant coverage both 21 in relation to the Horsham fire, the Coleraine fire, and 22 indeed Weerite gets some mention, but certainly not as 23 extensively as Coleraine and Horsham. That's the first 24 volume. 25 The second volume I desire to tender is again the 26 product, as I understand it, of the Media Monitors search 27 on key words, and this is the 3AW transcripts. Again, 28 they have been provided to counsel assisting and the 29 represented parties. There is a folder for each of the 30 Commissioners. I don't need to take you to that, but in 31 the summaries that I'm about to hand up in relation to a .CRS-WordWave:MB 11/06/09 2654 DISCUSSION Bushfires Royal Commission 1 number of the fires there is some reference to crosses 2 from 3AW. 3 What I am now handing to the Commission - - - 4 CHAIRMAN: Do you want to make that part of 79 as well, the 3AW 5 and the ABC? 6 MR CLELLAND: If the Commission pleases. Indeed I will ask 7 that the summaries form part of the same exhibit. 8 CHAIRMAN: Yes. 9 MR CLELLAND: If these could be treated, Mr Chairman, as notes 10 of Mr Rees in relation to the nominated fires being 11 Coleraine, Horsham, Redesdale, Maiden Gully, Churchill and 12 finally Kilmore East, they are relatively 13 self-explanatory. As I say, they cross-reference to not 14 only the 774 transcripts that have already been received 15 in evidence, but to the regional ABC and indeed 3AW. They 16 also set out the various messages that appeared on the CFA 17 website. They have on the left-hand column some short 18 information about the fires, time of ignition, where they 19 actually travelled and time they were brought under 20 control. 21 Can I hand up three copies to the Commission and 22 we will distribute copies to the other parties. As I say, 23 if they could be described as the notes of Mr Rees, being 24 his summaries. The point of that description is that we 25 don't suggest that it's every reference to the fires on 26 3AW or on the ABC on the day or even on the website, but 27 it represents the best endeavours of Mr Rees. If I can 28 just explain, although the Commission will see that the 29 first document is Kilmore East, I'm not sure really why it 30 has been done in this form, but we will see that the 31 second document is Horsham, the third document is .CRS-WordWave:MB 11/06/09 2655 DISCUSSION Bushfires Royal Commission 1 Coleraine, the fourth is Churchill, the next one is 2 Redesdale and then the next one is Maiden Gully. The 3 Commissioners might even find it more convenient to take 4 the exhibit apart and rearrange it in a different way. 5 If the Commission pleases, there is also a CD-ROM 6 that should be tendered containing all that information 7 being the actual coverage that is transcribed in each of 8 the folders. So if that could be made as part of the 9 exhibit as well. 10 CHAIRMAN: The two arch lever folders of transcripts and the 12 11 pages of notes and the CD-ROM will form exhibit 79. 12 #EXHIBIT 79 - (Amended) Two arch lever folders of transcripts 13 and 12 pages of notes and the CD-ROM. 14 MR CLELLAND: If the Commission pleases. I undertook 15 yesterday, Mr Chairman, to tender on one CD or one DVD the 16 footage, the TV and DVD footage that we played yesterday 17 in the hearing room. That is on its way up here at the 18 moment. When it arrives I will tender that. 19 Mr Chairman, we think given the focus of this 20 Commission at least at this stage is primarily on 21 information and warnings that were given to the Victorian 22 public during the currency of the fires, and for that 23 reason we submit that this is important material for the 24 Commission to receive, both the original transcripts and 25 indeed the summaries now provided which seek, as was 26 suggested yesterday, Mr Chairman, to draw together both 27 the website warnings and indeed the information on radio. 28 CHAIRMAN: Yes, thank you. 29 MR RUSH: I just have something to say on that, sir. This is 30 material that was asked for many, many weeks ago. It has 31 been provided as you have seen this morning. Just a quick .CRS-WordWave:MB 11/06/09 2656 DISCUSSION Bushfires Royal Commission 1 and cursory glance at the summary would suggest it is 2 inaccurate, but obviously we haven't had time to cover it. 3 But I have no objection to the tender, and I understand 4 the point that my learned friend makes through it. But we 5 need to examine it. 6 CHAIRMAN: Yes. 7 MR CLELLAND: If Mr Rush can tell which part he has identified 8 as being inaccurate, we can start to review that and see 9 if we can attend to it. 10 CHAIRMAN: Yes. That can be done I think between you at this 11 stage without trying to sort of move it along in a way 12 that will inhibit the continuing progress of the 13 Commission's work. 14 MR CLELLAND: If the Commission pleases. 15 <CROSS-EXAMINED BY MR CLELLAND, continued: 16 Mr Rees, when the Commission rose last night I had taken you 17 I think at that stage to Redesdale. Can I now ask you to 18 deal with the Maiden Gully fire, so-called.