THE QUALITY OF MERCY... 267 eM ER No. 61 was a of this dereliction, but its graceful and rooms, with handsome chimneys and fire- evoked visions of the age when many of Perth's elite lived in the a It was a prime candidate a sensitive renovation. It therefore came as some to me after several Alistair had Julian Grill restored other houses in the street, but not 61. I bad my Paul Lord agent with a request that sell the property to me. He on the condition that I pay his rozether with all other expenses that he had incurred, and that restore that 111 Its origrnal architects and builders. and the process develoniuv the for the renovation. These terms and my actions become the focus of a out of the Inc comnussron. The of the house was to become cr-r-crr o-s-lv

lives 111 Before the builder could start on the the built in Subiaco Show intervened. gokltleJ,js electorate, Mount rip,·pl,pr gLlCiousnl":ss. n~nr,,")mir vIews gave my ministerial office staff perrrussion backvard of of the river and and its to Park make it a no. 61 for a to view the location. Lord Alistair those same sentiments and when and with eskies to they found themselves sbaring a 61 Mount Street came on to market for sale in 1985, he was the vantage with guests of the British peer, and in evening bidder who my agent at the auction. who were a grand dinner party at neighbouring 6la didn't know Lord well then and be too was bidding Mount Street. (I later became aware that Alistair regularly rhrous-h an agem. I found out later that he loved Mount Street so entertained some ofthe world's most famous and beautiful people.) On much that he had several houses there in an attempt to pre- the evening ofthe the rwo groups were not compatible. A few serve its colonial as his eH()[ts in Broome had 'saved' after this event received a call from barrister Adams, the traditional Broome with its wide verandas and then for the group of who indicated that adiusrable shutters. For the reasons set out later in this he was the events of the Show night had been an embarrassment and unsuccessful in Moum Street. it was a noble gesture. In presented two alternatives. The first was the construction of a wall ] 980s, was clear that the steep, street had between the that would block river views from no. 61. The seen better Some of the old homes had been replaced second was that Lord would take the property back and offer and others had been subdivided into Like other inner me a replacement property, further down the at no. 53. The latter areas in the '60s and it sutrered from and the alternative was accepted, despite the lower elevation of this property. It to the suburbs. The and the was already tastefully renovated and it was agreed that we should have gardens were overgrown. both and that there should be a cash settlement for

266 268 THE SCANDALOUS YEARS THE QUALITY OF MERCY", 269

difference. As it the valuers came up with similar values and while my own was nowhere as for both so a cash was unnecessary. In the after- hndl!lgs were made me the cornrrus- of the commission into government business dealings did attach to me as a result. In turn, this led

all of these events would be under a r-oo o-ri t t-vi ri o to my in extensive and enduring

there would be the Jives of my my the commission was riYlYlr,lpl'pr! commission was run under the most extreme ofcircum- commissions of this sort are often later in terms of stances. The Labor governments of Burke and were seen to success, on the basis successful the wit- have of dollars of money, and nesses. A commission task force of prosecutors and blood. process was set up to evidence and with such prosecutions. Iron- on the one the actual commission was that could

Carpenter (a former ABC find 'no evidence and evidence of rll s-o-alr r-o who made the events of 988 which gave rise to the "1"1\1',",01" that 'it considered hom time to was called' to advice and to the and gov- ernment, in very difficult circumstances to government business deal rnzs, not of own those duties to the best unnecessarily compliant to in what was the best interests of the state. it been more critical ofthe Burke of the view that to fear from a to the the of commission came ar these a shock. any notions as to the fairness wi rh cell rral the process. While commissions have their purpose, I am not the first to say that can be very for up to Carmen the innocent. administrative dressed

feud within the up to look like and processes. are U1

fact a far cry from the normal rules of evidence, ,LIJ.VVVI"<:, and and with no clear means of or redress. the of counsel the commissioners is unusual, It encompasses examination and cross-examination of mar- shallmg and of and a like a prosecutor in court. the process counsel assisting is in direct contact with the commissioners and either or takes a II1 the report. This very ,'VVV'."".U posmon carnes no for the exercise of powers. The innocent can lose their in such processes, without any real n"""",,.,,n",, to set the facts or take other forms of 270 THE SCANDALOUS YEARS THE QUALITY OF MERCY ... 271

The essential me by the royal commissioners were :::'tc;plIen left my ministerial office, thought that I had dissuaded him- that had behaved in that I had misinformed cabinet (by mistake. While we were away in the coup was launched and my as to the real nature of the WA Inc business dealings. left Switzerland early, to return home to confront it. arrived back It is relevant to note that no adverse findings were made against time for the caucus vote, but the die was cast. The numbers any ministers of the Burke and governments who went on stacked up in favour of Carmen. As we walked into the to form part of the Lawrence cabinet. The commission adverse room, I told Peter that I intended to resign. I hadn't warned my I1nC1J!lgs were to ministers who had, for one reason, or another, or and the news came as a great shock to them. have come to believe that this decision translocated me from a positron made ministers who had re­ safety, in respeer to the yet-co-be called commission, to one of David Brian Burke, Peter in ] when Carmen Lawrence wasn't the one who had a The U'JVY'U.Ul~ as WA Premier. commissioners and counsel in due course also had a law student at The Universirv ofWest­ dilemma. At the ofthe once aU the evidence was taken and the articulate and of making the and the report arrived, it was charrrung. However, his at the helm was extremely just one apparent that the comrrussioners had a very difficult matter to

There were doubts over his II'iter-personal skills. After brilliantly That was manifested in the convention cabinet Hnur"un the 989 made enemies within rhe party, responsibrhty. All of the critical the of the part 990 the knives were out. commisston were taken by cabinet. That effectively resiznanon was the World Economic Forum that each minister was accountable for the decisions ll1 world leaders and their in cabinet. To overcome and to find some ministers partners attended this an event caught up in the eupho- the Burke and cabinets and some not, the com- ria of the of the Soviet bloc and the impending liberation of missioners had to find either that the cabinet was lied to, or it was not residents east ofthe Berlin Wall. At one session ofthe every head properly and informed. The commissioners opted for the latter. of every eastern country was present. doing so, I believe that were entirely incorrect. For example, Western Australia was a guest to this confer- respect to the critical PICL project, David who had formal ence at an occasion that honoured the State's outstand- carriage ofthe matter, gave a long, technical and detailed explanation of the preceding years. Peter issues for decision, which complemented a cabinet minute. Sadly, and my wife, attended several cabinet members some financial-technical matters were be­ as was while we were overseas that the their intellectual competence or experience. Others simply relied L'owdmz with Carmen Lawrence was executed. the judgment of the and premier. there 1__!()W'::VcT, the plllI1l1Irig had commenced earlier. never been any doubt in my mind that cabinet was fully informed the rhen secretary of the WA branch of the on all of the important aspects of Rothwells and before cabinet came to see me a few weeks before we left for Davos. He indicated decisions were taken. there was considerable discontent within the caucus and cabinet with There is an old saying, 'Don't let the facts spoil a good Peter and he wanted to know whether I could . The question of informing cabinet was only touched a move to him. declined and counselled against it. When very in the royal commission proceedings. Considering that 272 THE SCMDALOUS YEARS THE QUALITY OF MERCY ... 273

the answer to this issue formed the basis for so many adverse nndrngs, task of the com- and formed the foundation of the doctrine of cabinet menced an into my affairs. responsrburty, it is that it was not canvassed in the Some months after the cornnussron report was my commission told rhe commission that the bv and I received a notice the Australian Taxation Office Parker was and never about tax on the house at no. 61 Mount until the commission's came down. As far as Street. We a with A'rO officials to ascertain the basis for can individual cabinet members not involved in the the account. We were informed that the tax bill was transactions were on this not examined the commission the increase in value of the property from the time that as to matter was not made an issue in final sum- it from Lord to the time we c+tPrl"1\!f,l" swapped my clear evidence that relevant Mount Street. The tax officers even was not to cross-examin- intended 61 Mount Street to be our permanent of we had commissroners to show not moved in and the increase in value was taxable pursuant to to of proceedings. 1111 n aIlly, tax We that the factor that strongly resisted requests to disclose which witnesses at the time was that extensive adverse and the nature ofsuch adverse hn:dlng.s. had to be and executed. pressure counsel the means of a indicating that would sue threat to take the matter to Court-the cause us to be if the money was not ers near the of the those in broke down and accused them of part of an or- of adverse The possible her husband. She had endured the trauma mrsicading cabinet was not included in that list. my own commission with me, the disappointment case, of course, it was found that misled cabinet my silence. These the loss of' and social shun- UHuU'f,w of cabinet took our had and the into our financial affairs-matters that not addressed those issues in their final up. Such she had borne with dignity. The officers conceded that there was such a adverse are a pretty big call for a COn1Jm:,SJ()n, campaign, but not one initiated the Taxanon it had based on scant evidence and after a of time been urged upon them the OPP's office and the bad between the date of the cabinet and the task force. with others, after the conclusion of date evidence was was all too demonstrated later in the the comrrnssion, had been instructed to examine all of my commission on Carmen connection with the in an attempt to unearth disclosed that Easton that ministers' recollections could be in direct variance had been unsuccessful in to any in respect to my and shrouded in doubt and uncertainty on the most and salient taxation but that a recent amendment to the Taxation Act gave the WA the commissioners came to them the right to claim tax on 61 Mount Street. Our own the critical been misled in the face of clear subsequent legal advice was that we had a prospect of successfullv evidence from the and to the contrary defending the but that the ultimate cost might well exceed and without more than one other minister to test that evidence. the amount involved. We borrowed the money and the tax bill. of this nature led to and rumours that trickled back to us from friends and

consequences. The OPP's U1 with a set up acquaintances about various this taxation matter 274 THE SCANDALOUS YEARS THE QUALITY OF IVIERCY. .. 275

was the first tangible evidence of the mqumes and police These proceedings on. barrister, Malcolm Mc- action that would in one form or for seven years. No Cusker and were at a loss to understand aspect of my financial back more than two decades, was the basis of the ,-n,,,,",'-O, and repeated attemprs to obtain specific infor­ left untouched. The house in Mount Street held a attraction for mation from the the whose company, drew up Ron an old and in the for its says he was interviewed on three separate Tonkin's government, maintained that the courts were for two occasions the sale of the house to me. He was but one sets of the very rich and the very who of several witnesses who to me that the have been the system know at it is a lottery. until had interviewed them over the same matter. 2003 it was necessary for the to show at prelmunarv neanngs, one 1I1 my the Mount Street house was a that there was a facie case against the accused, a team of and our papers removed. The a person could be sent for trial. For many accused this is the happened very in the morning and our children time that the case them is made apparent. Such was the situation and terror. home and in my case. Alison Robins was the and the case was electoral office were similar circumstances-in the Kevin Tavener the At the conclusion was absent. also extended to the Kalgoorhe of the Crown's case, was apparent that elements of the close Graeme the raids stealing were not made out. Malcolm McCusker made a sub- attended extensive media coverage. mission of 'no case to answer'. his the reserved No aspect of my and life was left unexamined. That her decision and was remanded on bail another few weeks her included had had as a representing without to be down. As with each of the occasions when constituents and 111 court to to the and on the various remand

tailed to find anv 1I1 my munster- and bail the court was media and my wife and mvesugators rhouzht that had hit pay dirt had to run the ofTV and other media ourside of the

,PLV.\JVV had been transferred from my elec­ court room. These appearances . made the TV news tion campaign account to my account, in the aftermath of the with a of adverse comment. 1989 election. concluded that 1 had stolen the money and When Ms Robins down her she con- was and in a cell at the East Perth cluded that there was a facie case and that would have to stand arranged and was subsequently released, there trial. Malcolm McCusker was and advised that media waiting outside. For months after- appeal the decision. Even the prosecutor seemed caught un- photographs ofmy startled visage, when 1 emerged from that cell awares. Some half-hour later our crossed in St and to EKe the assembled TV cameras, flash bulbs and strident questions, he that he about the whole matter and was were used in the media whenever my name was involved. to recommend to the that the Prosecutions of The court took months. was put through committal matters the commission had been entrusted to a proceedings and for trial in the District Court. All court special group of and had had success in appearances were accompanied extensive media coverage. former Brian Burke and his David Parker. were suffered not 111 This was srutf Some weeks 276 THE SCANDALOUS YEARS TH QUALITY OF MERCY ... 277

and there was no move from the OPP's office to withdraw with it. Alistair the agents, architects the with time out for an The decision was and builder Roberts were all examined on several occasions. Noth- then taken to to the Court to the to ever came of these . but rumours of my arrest to trial'. It is a two-part applicauon for a or another were The inquiries decree to make out a prima facie case that the magistrare s on. would often lie awake at what new decision was wrong, and a final order the decision. line of would commence the next The decree nisi was minimal argument has to be remembered that the saga went back to 989, with the the Master of the and a date was set abandonment of the Peter and the ensuing in respect to the order. At this stage, even the McCusker here we were, the mid-1990s. Sworn evi- doubts about had cooperated dence had been on the matter, and examinations undertaken

the a number of interviews of barristers commercial interests Melbourne and clVLllICY. There was comrrussron then the series of that ensued. did not terminate the commission task was disbanded. various processes lasted over seven years, and the duranon of cornmrssron up the costs, at other times were met progres-

from my own resources. rz-r w V""., and accountants were continu- involved. as a result of these had to fall back on my last rhe house at 53 Mount Street. sold it and my debts. The residence was demolished. We still live at this but in a unit in the apartment block where the old colonial house and once stood. The house went the same way as mosr of the other residences that Lord had to protect. Perth doesn't have much a its built heritage. Alistair left WA In some years ago, and returns. He is our loss and so are the that he tried to preserve.