“All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke The

Whistle No. 68, October 2011

Newsletter of Whistleblowers

“As part of my treatment, I need a nurse with a whistle.”

Media watch

O’Farrell steps in “I conclude that the justice of the Top court backs case requires that the state, the suc- for whistleblower cessful party, be entitled to its costs,” whistleblowers Britt Smith and Adam Bennett he said. Alexander Bratersky Australian Ms Sneddon told the media she was Moscow Times, 1 July 2011 3 August 2011 facing the prospect of severe financial hardship because of the decision. The Constitutional Court on Thursday THE whistleblower in the Milton “It was supposed to be compensa- ruled that state employees cannot be Orkopoulos child sex case won’t have tion. How does that compensate what I punished for engaging in whistle- to pay the state’s legal costs after NSW have gone through, that I could be on blowing activities against their superi- Premier Barry O’Farrell stepped in to medication for life,” she told Fairfax ors. The court based its ruling on the save the woman he calls a “hero.” Radio Network. case of two state employees, a police Mr O’Farrell announced the bailout Then came the surprise twist. Mr officer and tax inspector, who both for Gillian Sneddon hours after a NSW O’Farrell announced just before 3pm were fired for criticizing their bosses. Supreme Court judge ruled against her to parliament that the state would pick “A state employee might express his in the costs decision on Wednesday. up the bill. opinion (based on real facts) if it The premier said Ms Sneddon, who “The state government will help concerns public interests and if it is not believes the bill could be as much as Gillian Sneddon cover her legal lia- motivated by an intent to defame or $175,000, should not be financially bility to the state,” he said. pursue personal goals,” said the ruling punished for her “courageous” act. “I don’t see why she should have to published on the court website. Justice Derek Price’s order meant suffer any more financial hardship as a The decision was made in favor of Ms Sneddon stood to lose more than a result of acting in a decent and coura- Alexei Mukomolin, a police officer third of her damages payout from her geous way. from Tolyatti in the Samara region case against Orkopoulos, who has been “She did not commit any crime, she who criticized his superiors in a video jailed, and her employer, the Speaker did not do anything that was wrong, statement posted online in 2009. Soon of the NSW Legislative Assembly. and nor should she have to be finan- after, Mukomolin received a warning In June she was awarded $438,613 cially punished.” and, after he staged a picket in protest, after Justice Price accepted she suf- In 2008, Orkopoulos, the former was fired from the police force. The fered psychiatric injury because the Aboriginal affairs minister, was jailed other plaintiff, Lyubov Koratyeva, a former Labor politician had bullied for at least nine years for child sex and tax inspector from Moscow, was fired and harassed her. drugs offences. after questioning his superiors’ travel But the 54-year-old, who worked in Justice Price accepted the MP made expenses during an interview on the MP’s Swansea electorate, lost her inappropriate and offensive comments Stolitsa television. bid against the state — also a defend- to Ms Sneddon, spoke to her aggres- Dmitry Medvedev has made the ant in the legal battle — which then sively, mocked her and yelled at her in fight against corruption a hallmark of pursued her for costs. front of a constituent, and bypassed her his presidency, and anti-corruption by asking another staffer to perform experts said the court ruling marked a tasks. key step in the right direction. “The She was also unable to enter the fight against corruption would be office after the locks were changed at impossible without this decision being the request of Orkopoulos with the made,” said Kirill Kabanov, head of agreement of the Speaker’s office. the nongovernmental National Anti- Ms Sneddon said the behaviour Corruption Committee. But Kabanov, continued for about a year after a member of the presidential commis- reporting an October 2005 phone call, sion on human rights, said the court in which a man said he had been ruling raises further questions because sexually abused by Orkopoulos since federal law doesn’t define “public Gillian Sneddon he was 15. interest.” He said it would be impor-

tant to include the definition in the law. She argued she shouldn’t have to pay The court ruling comes after courts up because of the “unusual circum- have ruled against the authorities in stances” of the case and that doing so several high-profile defamation cases. would effectively deny her much of “I see that there is a growing tendency her compensation. that courts rule not in favor of authori- In rejecting that argument, the judge ties, and this is a positive sign,” Ivan said it was the plaintiff’s decision to Starikov, a former deputy economic embark upon litigation with the minister and now opposition leader, Speaker and the state as defendants. told the Moscow Times. Starikov said

2 The Whistle, #68, October 2011 he was specifically referring to the “dedicated to cultural freedom, di- celled” appeared across a picture of case of Kommersant reporter Oleg versity and creativity.” Authors, film- me. There was no explanation. None of Kashin, who was acquitted in June of makers and poets make their way to a my phone calls was returned, nor defamation in a lawsuit filed by Vasily sanctum of liberalism bankrolled by subsequent emails answered. A Kafka Yakemenko, head of the Federal the billionaire Patrick Lannan in the world of not-knowing descended. Agency for Youth Affairs and a tradition of Rockefeller and Ford. The silence lasted a week until, founder of the pro-Kremlin Nashi The foundation also awards under pressure from local media, the youth group. Kashin had linked “grants” to America’s liberal media, foundation put out a terse statement Yakemenko to an attack that left him such as Free Speech TV, the Founda- that too few tickets had been sold to in a coma last fall. tion for National Progress (publisher of make my visit “viable,” and that “the In another example, Memorial the magazine Mother Jones), the Foundation regrets that the reason for human rights chief Oleg Orlov Nation Institute and the TV and radio the cancellation was not explained to achieved a similar victory in June programme Democracy Now!. In Mr Pilger or to the public at the time when a court cleared him of slandering Britain, it has been a supporter of the the decision was made.” Doubts were Chechen leader Ramzan Kadyrov, Martha Gellhorn Prize for Journalism, cast by a robust editorial in the Santa whom he had linked to the 2009 killing of which I am one of the judges. In Fe New Mexican. The paper, which of rights worker Natalya Estemirova. 2008, Patrick Lannan backed Barack has long played a prominent role in Obama’s presidential campaign. Ac- promoting Lannan Foundation events, cording to the Santa Fe New Mexican, disclosed that my visit had been he is “devoted” to Obama. cancelled before the main advertising The strange silencing of and previews were published. A full- liberal America page interview with me had to be Obama’s greatest achievement pulled hurriedly. “Pilger and Bar- is having seduced, co-opted samian could have expected closer to a and silenced much of packed 820-seat Lensic [arts centre].” liberal opinion in the US. The manager of The Screen, the John Pilger Santa Fe cinema that had been rented New Statesman, 7 July 2011 for the premiere, was called late at night and told to kill all his online HOW does political censorship work in promotion for my film. He was given liberal societies? When my film Year US President Barack Obama speaks no explanation, but took it on himself in front of a screen showing his Zero: the Silent Death of Cambodia Twitter message at the start of a to reschedule the film for 23 June. It was banned in the in “Twitter Town Hall,” 6 July 2011. was a sell-out, with many people 1980, the broadcaster PBS cut all Photograph: Getty Images turned away. The idea that there was contact. Negotiations were ended no public interest was demonstrably abruptly; phone calls were not re- World of not-knowing not true. turned. Something had happened. But On 15 June, I was due in Santa Fe, what? Year Zero had already alerted having been invited to share a platform Symptom of suppression much of the world to Pol Pot’s horrors, with the distinguished American jour- Theories? There are many, but nothing but it also investigated the critical role nalist David Barsamian. The founda- is proven. For me, it is all reminiscent of the Nixon administration in the tion was also to host the US premiere of long shadows cast during the cold tyrant’s rise to power and the devasta- of my new film, The War You Don’t war. “Something is going to surface,” tion of Cambodia. See, which investigates the false said Barsamian. “They can’t keep the Six months later, a PBS official told image-making of warmakers, espe- lid on this.” me: “This wasn’t censorship. We’re cially Obama. My 15 June talk was to have been into difficult political days in Wash- I was about to leave for Santa Fe about the collusion of American lib- ington. Your film would have given us when I received an email from the eralism in a permanent state of war and problems with the Reagan administra- Lannan Foundation official organising in the demise of cherished freedoms, tion. Sorry.” my visit. The tone was incredulous. such as the right to call governments to In Britain, the long war in Northern “Something has come up,” she wrote. account. In the US, as in Britain, Ireland spawned a similar, deniable Patrick Lannan had called her and serious dissent — free speech — has censorship. The journalist Liz Curtis ordered all my events to be cancelled. been substantially criminalised. Obama compiled a list of more than 50 televi- “I have no idea what this is all about,” the black liberal, the PC exemplar, the sion films that were never shown or she wrote. marketing dream, is as much a war- indefinitely delayed. The word “ban” Baffled, I asked that the premiere of monger as George W Bush. His score was rarely used, and those responsible my film be allowed to go ahead, as the is six wars. Never in US presidential would invariably insist they believed US distribution largely depended on it. history has the White House pros- in free speech. She repeated that “all” my events were ecuted so many whistleblowers, yet The Lannan Foundation in Santa Fe, cancelled, “and this includes the this truth-telling, this exercise of true New Mexico, believes in free speech. screening of your film.” On the citizenship, is at the heart of America’s The foundation’s website says it is Lannan Foundation website, “can- constitutional First Amendment.

The Whistle, #68, October 2011 3 Obama’s greatest achievement is debt, he was discharged from bank- quent trial against his old company. He having seduced, co-opted and silenced ruptcy last year. He does occasional worked for News America for seven much of liberal opinion in the US, consultancy work that last month years from 1999 to 2006, turning including the anti-war movement. brought in $500, and this month, court whistleblower in his final year there. The reaction to the cancellation has documents show, will probably pro- The company is the leading US pro- been illuminating. The brave, such as duce nothing. His wife’s earnings raise vider of in-store advertising services, the great whistleblower Daniel Ells- monthly household income to about helping to bring products from firms berg, were appalled and said so. $3,000 — half their outgoings. such as Coca-Cola, Kraft and Nabisco Similarly, many ordinary Americans This is a cautionary tale about what to the attention of supermarket shop- called in to radio stations and have can happen to someone who dares to pers. Headed by Paul Carlucci, who written to me, recognising a symptom become a corporate whistleblower. Or, now publishes Murdoch’s tabloid the of far greater suppression. But some more specifically, someone who incurs New York Post, it enjoys annual exalted liberal voices have been af- the wrath of News Corporation, the revenues of more than $1bn and has a fronted that I dared whisper the word media empire owned by Rupert 90% stranglehold on the market. News censorship about such a beacon of Murdoch, of which News America America also has a record of legal “cultural freedom.” The embarrass- forms a part. disputes with its commercial rivals, ment of those who wish to point both Emmel’s lawyer, Philip Hilder, has three of whom have launched lawsuits ways is palpable. Others have pulled had a ringside seat at the gradual against it in recent years accusing the down the shutters and said nothing. unravelling of his client’s life. A firm of using unlawful practices. Given their patron’s ruthless show of former federal prosecutor based in All three lawsuits — including the power, it is understandable. For them, Houston, Texas, Hilder is well versed Floorgraphics one and cases initiated the Russian dissident poet Yevgeny in whistleblower cases having repre- by Valassis and Insignia — were Yevtushenko once wrote: “When truth sented Sherron Watkins, who helped eventually settled, but not before News is replaced by silence, the silence is a uncover the Enron scandal. Hilder America agreed to pay an astounding lie.” said: “News America has engaged in $655m to end the disputes. Emmel Rambo litigation tactics. They have a acted as a whistleblower in all three scorched earth policy, and it’s taken a cases. He gave two days of evidence in huge toll on him.” the Floorgraphics trial after which A life unravelled … News Corp has devoted the efforts News America rapidly settled, and was whistleblower who of up to 29 lawyers to pursuing Emmel also named in the Valassis and Insignia incurred wrath of personally, at a cost estimated at more cases. than $2m. Emmel, by contrast, has the Murdoch empire relied on two lawyers, Hilder and Marc Relentless legal pursuit of Garber in Atlanta, working for no pay ex-News Corp employee since January 2009. likened to “Rambo tactics” Attention has been focused on News Corporation’s activities in the UK, Ed Pilkington where the News of the World phone- guardian.co.uk, 17 August 2011 hacking scandal has led to the arrest of 10 people associated with the com- pany. In the US, oversight of News Corp is gathering pace with the department of justice and the FBI looking into the company, while senators are considering launching committee hearings into News Corp practices. One incident that US investigators Robert Emmel are exploring is the hacking of a Photograph: Timothy Fadek/Polaris website run by one of News America’s rivals, an instore advertising business FIVE years ago Robert Emmel was called Floorgraphics. The firm dis- enjoying the American dream. He covered that its password-protected Rupert Murdoch lived in a detached house in a suburb site had been breached from an IP of Atlanta, Georgia, drove a BMW, address at News America’s offices in By 2006 Emmel said he was increas- and earned $140,000 a year as an Connecticut. News America has con- ingly concerned about what he alleged accounts director in a highly successful demned the breach as a “violation of were improper practices on the part of advertising company called News the standards of our company” but says his employers. He alleged that News America Marketing. it does not know how it happened. America was engaging in “criminal Today, Emmel is described by his Emmel was one of the main wit- conduct against competitors” and using lawyers as destitute. Jobless and in nesses for Floorgraphics at a subse-

4 The Whistle, #68, October 2011 “deceptive and illegal business prac- confidential information, pressing its Emmel’s lawyers were “once again tices” to defraud its retailer customers case with more than 300 pleadings to attempting to distort the facts in this out of money owed. He claimed he had the Georgia courts. The company said case.” The company added it had “substantial oral and documentary Emmel refused to return “tens of “vigorously defended itself against Mr evidence” to support his allegation that thousands of stolen documents” and Emmel’s charges against the company, the company had defrauded its own added: “Initiating legal action was all of which were dismissed by the customers, used anti-competitive tech- News America Marketing’s only re- court.” It says the injunction does not niques against rival companies, and course to protect the company’s prevent him from co-operating with fraudulently inflated its reported earn- private information.” any formal investigation into News ings unbeknown to its shareholders. Despite the tenacity with which it America. News America denies the allega- has pursued Emmel, News America The idea that Emmel had been tions. In a statement, it said: “There has had very little satisfaction through driven into destitution was “prepos- have been three very public lawsuits the courts. In March 2009 the district terous”, it said, “given his legal fees — about these matters and at no time court in Georgia threw out all of its to the tune of $750,000 — were paid during any of these legal proceedings claims against him, bar one — a claim by two competitors to News America.” was any evidence produced to support of breach of contract relating to his Emmel’s lawyers do not dispute that Mr Emmel’s claims.” posting of the 55 pages of documents until 2009 he received legal fees from For a year before he was sacked in the day before he signed a non- Floorgraphics and Insignia, but say November 2006, Emmel began com- disclosure agreement. Even that count, that was consistent with his role as a piling documentary evidence that he however, has been overturned by the whistleblower against his old suggested backed up the allegations, US appeal court, which ruled in company. and posted it to public bodies and Emmel’s favour in June, although the While legal proceedings continue, individuals including the US securities court kept the non-disclosure injunc- the injunction preventing Emmel from and exchange commission, two sena- tion in place noting that a significant approaching corporate regulators re- tors, two Senate committees and the proportion of Emmel’s legal fees had mains in place. But the appeal court in New York attorney general. been paid by News America’s June made one important proviso. It is not known what happened to competitors. Nothing in the injunction, it ruled, Emmel’s allegations within the In 2009 the company made clear “prevents Emmel from complying with regulatory bodies he approached. He that it intended to go to trial to ask for grand jury or court-issued subpoenas posted one set of 55 pages of $425,000 from Emmel to cover legal or from co-operating with law en- documents on 20 December 2006, costs incurred in the breach of contract forcement authorities in any formal shortly after he had been fired and a element of the lawsuit, as it was investigations of News America.” day before he signed a non-disclosure entitled to do though the sum was way agreement with News America. beyond his ability to pay. Emmel’s That set of documents went to lawyers say the move forced him into Nicholas Podsiadly, an official in bankruptcy. News America then in- Washington then working as an sisted on a deposition to extract finan- investigative counsel at the Senate cial information out of Emmel, a move finance committee. At one point, court that is allowable under the law but that documents show, Podsiadly said the astonished Emmel’s bankruptcy law- committee was considering referring yer, Danny Coleman, because he says the allegations to the justice depart- there had been no suggestion from the ment and the federal trade commission. authorities that anything about the Podsiadly did not reply to a request bankruptcy was out of order. “In my for information. A spokeswoman for view, that was an abuse of the legal the finance committee said nothing system,” he said. “They took the law to would be done with any documents its extreme and they used it to harass sent by Emmel until the litigation over my client and prolong his agony.” them had ended. After months of work on the deposi- Emmel today remains under a court- tion, nothing irregular was found. imposed injunction that forbids him Hilder said he was struck by an irony from disclosing anything from these in the Emmel case. “Here is a com- documents. “I cannot comment,” he pany, News Corp, that is in the said. business of disseminating information News America learned of Emmel’s to the public, and yet its subsidiary whistleblowing activities after it had does everything in its power to silence sacked him in a dispute over his him.” timekeeping. It then unleashed its legal News America denies engaging in armoury against him. In April 2007 it inappropriate litigation and insists that filed a lawsuit accusing him of six it only wants to protect commercially violations relating to his disclosure of confidential information, adding that

The Whistle, #68, October 2011 5 Articles

The Act that wasn’t there Although the advertisement that Kathy answered stated that applicants Kim Sawyer needed at least eight years of experi- ence in the police force, it soon Yesterday I do declare, became clear to Kathy that this was a I looked for an Act that wasn’t there, very loose requirement. Many of It wasn’t there again today, DynCorp staff were young, inexperi- They wish, they wish, it would go enced and had interests in serving in away. Bosnia that were less than savoury. At the innocent end of the scale were When we testified in ’93, those purely interested in earning a lot We all had hopes from a Senate of money in exchange for doing a Committee, minimal amount of work. At the worst There were 39 recommendations large end of the scale were those who are the and small, centre of this book — men who raped But it was just an act, an act, there was trafficked women and girls and got

no Act at all. away scot-free. The reason this was Kim Sawyer allowed to take place was that

When we testified in ’95, DynCorp, like all private contractors,

Another committee brought our hopes was operating under a limbo-like BOOK REVIEW alive, jurisdiction. They did not answer to

The committee recommended restitu- American law, nor were they under tion for all, Challenging Bosnian legal jurisdiction. But it was just an act, an act, there was sex trafficking no Act at all. Kathryn Bolkovac with Cari Lynn, The Elections come and elections go, whistleblower: sex trafficking, military It’s all part of the circular flow, contractors, and one woman’s fight for At every election, a promise and an justice (Palgrave Macmillan, 2011) Act to follow, But it is just an act, an act, it is all for Reviewed by Emma Dalton show. IN 1998, Kathryn Bolkovac decided to Whistleblowers come, but mostly they build on her experience as a police go, officer in the US and go to Bosnia to They all defend the right to know, help in the US’s democratic recon- Toomer, Skrijel, Lombardo and van de struction of the nation. She applied for Wiel, a position she saw advertised on a They did wait, and wait, yet none of police station noticeboard in Nebraska them did resile. and soon found herself employed by DynCorp, a private military contractor. A new government with renewed DynCorp was part of the Interna- impetus, tional Police Task Force (IPTF) We put our faith in a man called mandated by the UN Security Council Dreyfus, as part of the Dayton Agreement. The We whistled again and again they did Dayton Agreement, signed in Decem- Not long after arriving at her post in recommend, ber 1995, signalled the end of the three Sarajevo, Kathy became aware of But it was just an act, an act, there is and half year war in the Republic of corruption within the local police force no end. Yugoslavia. The IPTF comprised and the Bosnian government. She members of national police forces attempted to inform her supervisors In ’93, I do declare, from UN member states. The US does but was told to back off and avoid I looked for an Act that wasn’t there, not have a national police force, so the getting too involved. When she failed It wasn’t there again today, US contingent was made up of private to follow those orders, she was moved They wish it, like whistleblowers, contractors. DynCorp was one of these to a different post. At the same time, would just go away. private contractors, funded by the US Madeleine Rees from the UN recog- State Department. nised her solid work and invited her to head a UN program that tackled

6 The Whistle, #68, October 2011 gender-based violence in Bosnia. hard to forget. After lamenting to Kathy accepted this position and Kathy that his girlfriend had run away, started work, still officially employed “Carl” explained without a hint of guilt by DynCorp, as a civilian UN gender or even awareness that his actions were officer. This position gradually wrong, that he had “bought” her from a morphed into a position that dealt with bar owner and had “kept her” in his sex trafficking. This was an investiga- apartment. His eventual punishment tive position and Kathy uncovered was mere repatriation — no prosecu- some ugly truths about not only her tion, no fine, no counselling. As Kathy DynCorp colleagues, but about those noted, his personal record would in the UN as well. She criticised the remain unblemished. UN for their lack of action regarding Kathy’s sense of humour in telling the trafficking of young women from such a horrible story and the accessi- poorer countries into Bosnia and her bility of the book made this a very criticism was not accepted kindly. compelling read. I sort of fell in love Ultimately Kathy was dismissed by with Kathy — especially when she DynCorp in April 2001 on bogus kicked down a door Magnum-PI-style. claims of falsified timesheets. Kathy Her determination and extremely was successful in suing DynCorp, with strong sense of ethics and justice make the help of Madeleine Rees, on the her story very inspiring on an individ- grounds of protected disclosure, in ual level. Unfortunately there has been 2002. no happy ending either for Kathy herself or, even more significantly, for women and girls who are trafficked from poor countries to sexually service Nurses in crisis men. I suppose the message here is a Christine Cameron familiar one — whistleblowing is not

for the faint-hearted, and perhaps not HINDSIGHT is a wonderful thing. For even worth it. In the face of powerful those of us who unknowingly were and dominant forces that have only thrown into the fire pit of whistle- concern for themselves and no concern blowing, we certainly can understand for justice or ethics, few whistleblow- our situation and see it more clearly ers stand a chance of coming through than when we began. unscathed, let alone actually making a I was a registered nurse with a difference. As Kathy notes, only three Masters in Emergency Nursing. I days after DynCorp dropped its appeal absolutely loved my job; there was no against her court action, it was doubt about that. I also took my awarded a $22 million contract by the responsibility as a nurse very seriously US State Department to police Iraq. and that is where I fell foul of the Furthermore, the men who tried so system. Nursing has many facets but, hard to keep Kathy muzzled main- ultimately, the nurse is an advocate for tained their high-level positions and the patient. This is the nurse’s first some were even promoted. Kathyrn Bolkovac responsibility. All other aspects, re- The Whistleblower was made into a quirements and training work toward movie this year, directed by Larysa In her book The Whistleblower, Kathy that fact. Kondracki, and featuring Catherine tells the story and exposes the issue in Unfortunately, in our current health Weis as Kathy Bolkovac. Some a hard-hitting and honest manner. The system, that responsibility appears to elements of Kathy’s background have problem revealed in the book and the have been lost. Financial pressures on been changed for the movie (for actions of the men involved are diffi- health organisations force nurses into a example, Kathy has three children, but cult to come to terms with. Regardless precarious situation. Either deal with in the movie she has only one) but the of the apparent lack of jurisdiction that what you can and what you have, or DynCorp operated under, the actions story is apparently told relatively truth- suffer for speaking out. Add to this the of the men involved are extremely fully. Importantly, Kathy herself liked family financial pressures of keeping difficult to comprehend. The com- and approved of the movie. I will your job, and the almighty dollar modification of women seems to be definitely be going out to watch it reigns supreme. Patient advocacy gets when it comes to Australia. regarded as the norm by many of the lost, nurses just do what they can, and men in this book and I found myself the patients suffer to varying degrees. Emma Dalton is researching women in shaking my head in horror at some of I faced these pressures in every area Japanese politics. the attitudes of Kathy’s colleagues. of the hospitals in which I worked.

One particular conversation with a Unsafe patient loads were placed on us young colleague she called “Carl” is and patients suffered. There was no

The Whistle, #68, October 2011 7 avenue for help. Unions provided off would help me get better. Dealing to its budget. The emergency depart- forms to fill in to complain about the with my complaint and resultant health ment had been the focus of my situations we faced, but these brought problems would have been that simple complaints. no help when we needed it. at that time. When the final ESU investigation I lodged numerous complaints The million-dollar question is: Why was due out, I was given a preliminary through the PRIME Clinical Incidents do organisations hide the truth? report. It was rife with what I consid- system. We are talking about basic Especially when people’s lives are at ered to be mistakes, twisted statements human rights in a lot of the cases. stake? Things would be so much easier and downright untruths. After proving However, there was never a response if the truth were told. the ESU’s preliminary report was from my nurse unit managers on any I remember hearing that WorkCover erroneous, biased and grossly inaccu- of them. In the absence of any such rejected my claim because manage- rate, it was then revealed that the response, I was left hoping something ment had “acted reasonably” and district health director was to be the was being done. But I never saw help, “supported me.” Until I received the decision maker, and then (laughably) and patients continued to suffer. statements given by management, I claimed that the investigation had After an extended period of com- questioned my own sanity. Could I never been undertaken by the ESU at plaints (including some very serious truly not remember what happened? all. ones), I was “obtaining training” for an Requests were made to the CMC for application to a higher position. I had intervention at this “final stage” of the previously failed the application but investigations but these were initially was given the opportunity to obtain rejected. I decided to go public with a experience in the higher position 125-page rebuttal of the investigation before the next application. During this (available through Parlia- period I continued to request feedback ment website, tabled documents from my previous application so I number 1485, 25 November 2009). could improve on the next. This Even then, it was months before the requested assistance was never given Chairperson of the CMC agreed to to me. When the time came to reapply, investigate my allegations into the I was left with no choice but to submit Thankfully I was in the habit of saving “investigations” that took place. You the same application, since I had no e-mails and other documents, and they won’t be surprised to know that the knowledge of how I could improve. were what saved me and my sanity. I CMC supported the findings of Then I waited expectantly for an was able to easily prove my claims, , despite the fact interview. and the original WorkCover decision that the ESU totally and completely Late one morning a co-worker was overturned by Q-Comp and my ignored my documented evidence, asked me how my interview had gone, WorkCover claim was approved. choosing repeatedly to take the word since she had hers that morning. I had However, things didn’t change at of management in various serious missed out, and only found out when a the hospital, and no investigations matters. co-worker had informed me. After she were undertaken into my claims. Eight Further, the CMC Chairperson informed the manager of this blunder, I months later I went to the Crime and made the following statement: “The was approached by the manager in the Misconduct Commission (CMC) with evidence does not support any finding crowded department and was told I my allegations. It was ample time for of official misconduct or other conduct was not successful. I was unsuccessful the hospital to undertake investiga- warranting consideration of discipli- because my selection criteria was not tions, but they instead chose to hire the nary action on the part of any of the good enough … something I should Queensland Health lawyers to argue Queensland Health members of staff have been informed of had I been against my WorkCover claim. against whom Mrs Cameron has made given feedback as requested. When Perhaps the greatest injustice oc- a complaint.” My documented evi- this oversight was identified to the curred when the CMC sent the dence was disregarded without excep- manager and the director of nursing for complaints back to Queensland Health tion, but this was considered more than the hospital, they all agreed I should go to be investigated. The Ethical Stan- adequate by the CMC, even though on my holidays and they’d sort it out dards Unit (ESU) was appointed to they had been repeatedly made aware on my return. However, when I investigate. The Director General met of the evidence. returned I found that the positions had with my husband and me, and ap- At the initial CMC meeting in still been awarded. That was the pointed the district health director to January 2009, my complaints were beginning of the end for my health. check with me once a week and taken along with those of two other I couldn’t cope at work and eventu- support me through the process. staff members. We were all subse- ally applied to WorkCover for stress After seven different investigations quently given whistleblower status. leave. At that time I still had not really and almost two years, there were Once it came time for WorkCover recognised what was happening. I Queensland-wide system changes “compensation” payments, we were all presumed that management would within Queensland Health, including given a typically low initial notice of agree with my statement of the job immediate additional funding of assessment figure. I’d be embarrassed mismanagement, and my stress leave $250,000 to the emergency department to offer $24,000 for a permanent would be approved. I hoped that time and a further increase of $5.4 million disability payment, but obviously

8 The Whistle, #68, October 2011 WorkCover was not. All three of us managers and investigative bodies an entire system that is devoted to proceeded with legal action. After each alike to do everything in their power to covering up all evidence of mistakes of their case conferences, the other two hide allegations of abuse or error. and wrongdoing, your records will were offered compensation payments The Human Rights Commission prove your only hope. Do not be so from WorkCover, which they ac- declined to look into the matters as naïve as to believe that your managers, cepted. It is worth noting that my two they were not individual claims. Her who in essence are only servants of colleagues did not speak out during the Majesty the Queen stated that she was their own tyrannical masters, will ever process of their claims, whereas I did. unable to intervene but would discuss support you once you make a claim. At my first and only case confer- the matter with the Governor General. The words of a famous movie come ence regarding my compensation The Governor General stated that she to mind. Please allow me to paraphrase claim, the lawyer for WorkCover has no power to intervene. The it with this thought. In 20 years time, began by making comments about my Medical Board found the doctor who will you be sorry you did not act this speaking out in the past. He said in assaulted an 18-month-old child day, or will you be pleased with your effect, “I want to begin this meeting by innocent since the mother had not choice? I am pleased with my choices, reminding your client [me] that this complained, even though the nurse did. even though they have cost me dearly. meeting is confidential since she has a The hospital found foreign doctors website she tends to put things on …” acting in an abusive manner to be Christine Cameron is a former During my case conference, other acceptable. The four jobs I was denied, emergency nurse at Base comments were made regarding the the profession I lost, the health I no Hospital. documents I had produced, which longer have, the extreme financial sought to expose continued problems retaliation I have faced, and the within the Queensland Health system. patients who suffered are alone. Who BOOK REVIEW At that meeting, I was given a will listen, or care enough to act? compensation offer of “nil dollars.” I had hopes along the way that I Rogues and bureaucracies My injury had been rated significantly would be able to make a difference for higher than the other two whistleblow- the better. I believe I have, but not as James Dunbar, Prasuna Reddy and ers. It is my understanding that they much as I hoped. However, my Stephen May, Deadly Healthcare were subsequently given significant website continues to be accessed by (Australian Academic Press, 2011) compensation payments, certainly not Queensland Health computers during “nil dollars.” weekends and after-hours, so it is clear reviewed by Brian Martin There is whistleblower legislation to that there are those who need help. It protect whistleblowers from this type tells me that nurses are at least reading of reprisal, but finding someone to through my site. enforce the legislation is another I would not do anything differently, matter. The Queensland Ombudsman and I am glad I had no idea of where looked at my request to investigate and this whole saga would lead. I might suggested I take it to the CMC — have run away instead of standing and which I did. However, having learned fighting. My husband and my daughter not to expect justice through this have been my greatest support and process, I was not surprised when the without them I would not have sur- CMC decided not to become involved. vived thus far. So, when asked if I’d do it all again, My story had to be told and be I have to say yes. How can you watch readily available for people to access. people suffer and say nothing? I could That is how my website not. Unfortunately, many nurses did, http://www.nursesincrisis.com/ came and continue to do so. Some even about. Stories of patient abuse and become aggressive toward those who neglect are there. Sadly, even after the do speak out and take a stand. Perhaps Patel saga in Bundaberg, the only thing it is time they should reconsider their learned by Queensland Health is how chosen profession. Ignoring or hiding to better cover up the problems. the chronic sickness of the health At times I feel that I have only system will only protect it and prolong caused a ripple but sometimes that is the damage. all it takes. When I look back on my initial The best advice I can give is to keep In Bundaberg Base Hospital, in a application to obtain stress leave, I all correspondence, keep voluminous regional area of Queensland, there was realise that I was so naive about what records of events, and please, please, difficulty in recruiting good doctors. lay ahead. Everything has been a shock keep your emails. Print them, and Decisions on staffing were made along the way. I’ve been overwhelmed please send them to your private through Queensland Health’s hierar- that people can be so abused yet computers at home. In the end, should chical system based in . In authoritative bodies turn a blind eye. you ever face the harrowing ordeal of 2003, Jayant Patel became director of Indeed, it seems to be the task of most trying to prove your case in the face of surgery. Totally self-confident, he was

The Whistle, #68, October 2011 9 ready to put in long hours, and espe- scrutiny, the black marks on his track blowing the whistle on Patel, though it cially eager to undertake surgery. Patel record slid through the vetting system. was a long struggle. The bigger prob- endeared himself to administrators: his After being exposed, Patel went back lem is how to challenge such a system many operations brought money to the to the US. It took years for his extradi- as a whole, to bring about beneficial hospital, helping to balance the budget. tion, trial and appeals. He is now in change so that fewer cases like Patel prison. ever arise. This suggests that whistle- [District Manager Peter] Leck, ever The three authors of Deadly blowing needs to be supplemented by the responsible business manager, Healthcare provide a vivid picture organisational activism. However, this would later caution against moving using several perspectives. They delve will never be easy when even well- too quickly on any complaints about into Patel’s training in and his documented damage from a rogue Patel lest the hospital lose the finan- appointments in US states, showing surgeon is not enough to trigger cial benefits he brought it. (p. 26) how a certain type of grandiose change internally and publicity is the

Toni Hoffman, nurse unit manager of personality can win powerful allies only thing that will make anyone take the intensive care unit, saw the results despite poor performance. They notice. Publicity was abhorred by of Patel’s surgeries and was disturbed examine Queensland Health’s dys- Queensland Health. functional management systems. They by his rude manner and apparently Leck testified himself that they were outdated knowledge. She reported her look closely at how Patel was able to get into a position for which he was required to make decisions accord- concerns, but nothing was done. She ing to a risk management matrix persisted, with the same response. not qualified and where, against regu- lations, he had no supervisor, setting which rated significant statewide “She again followed up the meeting adverse publicity at the same level with a written report. Again she heard the scene for disastrous consequences for patients. They look at research and as loss of life. Loss of reputation of nothing.” (p. 27) Patel had too many Queensland Health was equated friends in the right places. Hoffman practice on building robust medical systems and at what can be done in with the loss of a patient’s life. (87) continued to document problems and make reports, watching too many Queensland and elsewhere to prevent Based on examination of a number of botched operations to remain compla- abuses. rogue-doctor cases, the authors sum up cent. She was a model whistleblower some of the lessons and dilemmas. who, unlike most, had the satisfaction of complete vindication. An outstanding feature of the case As is so common, her efforts took a histories of most rogue doctors is long time to have any impact. Com- that early concerns were not plaining to officials up the system investigated to the satisfaction of didn’t work. What broke the case open the whistleblowers. Consequently, was publicity. Hoffman contacted Rob whistleblowers are forced to go Messenger, her local member of state outside the system, using the media, parliament, who raised concerns under public protest or political lobbying the protection of parliamentary privi- to have their concerns properly lege. Journalists then pursued the story investigated. Patel’s case is clear over many years. example of how such actions, while Even after the story broke, Queens- well-intended and indeed necessary, land Health officials tried to contain it. Dr Jayant Patel can erode confidence in an entire hospital, placing immense stress on Leck was communicating with a Deadly Healthcare tells the story of staff, patients and families. This is zonal manager about the release of Patel and Queensland Health in an not to blame the whistleblowers but Hoffman’s letter to the public and accessible, informative fashion. The to make the point that open, honest told him that the minister had told media most common portrayed Patel and timely investigation undertaken everyone that leaking confidential as a rogue doctor. That is accurate on within an organisation avoids the information including patient in- its own, but is only a partial picture. potentially damaging aftermath — formation was unacceptable and Patel wreaked damage because he an aftermath which, paradoxically, that whilst he supported freedom of operated in a bureaucratic system in can make people fearful of speech in terms of raising matters which high-level decision-making disclosing mistakes in the future. with MPs, he would not tolerate the driven by financial considerations was Unfortunately, many modern health leaking of such information. (87) largely divorced from on-the-ground organisations are renowned for their health needs. The Queensland state gap between rhetoric and reality. However, these regard actions were government didn’t provide enough Some may even have a long- insufficient to contain the emerging funding for the health sector, and deci- standing culture of concealment, scandal. It turned out that two US sions about operations were often blame and scapegoating. (110) health systems had put restrictions on made for the wrong reasons. Patel performing certain surgical pro- The Patel saga can be interpreted as cedures. He lied on his application to a symptom of a sick medical system. Queensland Health and, due to lack of Toni Hoffman made a difference by

10 The Whistle, #68, October 2011 Whistleblowers Still Living Dangerously 20 years on! Whistleblowers Australia's National Conference 8.15am for 9am Saturday 19th November 2011

Morning session WikiLeaks, Whistleblowing & Democracy Chris O’Mallon, PID Unit, NSW Ombudsman David Shoebridge, MLC, NSW Greens Dr Suelette Dreyfus, Research Fellow in Information Technology, University of Melbourne Belinda Hawkins, Senior Journalist, Australian Story, ABC TV Jim Richardson, Sydney Solidarity for Bradley Manning.

Afternoon session How It Was: Debbie Locke, Greg Locke, Cynthia Kardell & Brian Martin How It Is: Gillian Sneddon, the Milton Orkopoulos whistleblower Dr Michael Cole, Westmead Hospital whistleblower Dave Reid, ANSTO whistleblower Like Janus: Through the children’s eyes, song and dance.

AGM & workshops 8.15am for 9am Sunday 20 November 2011 Jane Longhurst: Surviving along with a whistleblower Brian Martin: What do you say when a whistleblower calls?

Venue: Uniting Church Ministry, Conference Centre Mason's Drive, North Parramatta, Sydney New South Wales.

Cost: $65 per day (members $50 or $85 for 2 days) $20 extra for dinner Saturday night (optional)

Bookings: Ring or email Feliks (07) 5448 8218 or [email protected]

Payments: Mail cheque to Feliks at 1/5 Wayne Ave, Marcoola Qld 4564, or deposit to NAB Coolum Beach BSB 084 620 Account Number 69841 4626, or pay by credit card using PayPal: Make payment to this email address (i.e., [email protected]). To help cover the fee charged by PayPal, please add a minimum of $1 per person per day to the amount paid. (PayPal accounts are free to set up.)

Low-cost accommodation: Book directly with and pay the venue, above. Call 1300 138 125 or email [email protected].

Whistleblowers Australia contacts Whistleblowers Australia conference

Postal address PO Box U129, Wollongong NSW 2500 See previous page for details New South Wales “Caring & sharing” meetings We listen to your story, provide feedback and possibly guidance for your next few steps. Held 7.00pm on the 2nd and 4th Tuesday nights of Annual General Meeting each month, Presbyterian Church (Crypt), 7-A Campbell Street, Balmain 2041 Whistleblowers Australia’s AGM will be held at 9am Sunday Contact Cynthia Kardell, phone 02 9484 6895, fax 02 9481 20 November at the Uniting Conference Centre, North 4431, [email protected] Parramatta (Sydney). See previous page. Website http://www.whistleblowers.org.au/ Nominations for national committee positions must be Wollongong contact Brian Martin, phone 02 4221 3763. delivered in writing to the national secretary (Jeannie Website http://www.bmartin.cc/dissent/ Berger, PO Box 458, Sydney Markets NSW 2129) at least 7 days in advance of the AGM, namely by Sunday 13 Queensland contacts Feliks Perera, phone 07 5448 8218, November. Nominations should be signed by two members [email protected]; Greg McMahon, phone 07 3378 and be accompanied by the written consent of the 7232, [email protected] candidate.

South Australia contact John Pezy, phone 08 8337 8912 Proxies A member can appoint another member as proxy Tasmania Whistleblowers Tasmania contact, Isla by giving notice in writing to the secretary (Jeannie Berger) MacGregor, phone 03 6239 1054 at least 24 hours before the meeting. No member may hold Whistle more than five proxies. Proxy forms are available online at Editor: Brian Martin, [email protected] http://www.whistleblowers.org.au/const/ProxyForm.html. Phones 02 4221 3763, 02 4228 7860 Address: PO Box U129, Wollongong NSW 2500 Associate editor: Don Eldridge Thanks to Cynthia Kardell for proofreading.

Whistleblowers Australia membership

Membership of WBA involves an annual fee of $25, payable to Whistleblowers Australia. Membership includes an annual subscription to The Whistle, and members receive discounts to seminars, invitations to briefings/ discussion groups, plus input into policy and submissions. To subscribe to The Whistle but not join WBA, the annual subscription fee is $25. The activities of Whistleblowers Australia depend entirely on voluntary work by members and supporters. We value your ideas, time, expertise and involvement. Whistleblowers Australia is funded almost entirely from membership fees, donations and bequests.

Send memberships and subscriptions to Feliks Perera, National Treasurer, 1/5 Wayne Ave, Marcoola Qld 4564. Phone 07 5448 8218, [email protected]

12 The Whistle, #68, October 2011