COPYRIGHT AND USE OF THIS THESIS This thesis must be used in accordance with the provisions of the Copyright Act 1968. Reproduction of material protected by copyright may be an infringement of copyright and copyright owners may be entitled to take legal action against persons who infringe their copyright. Section 51 (2) of the Copyright Act permits an authorized officer of a university library or archives to provide a copy (by communication or otherwise) of an unpublished thesis kept in the library or archives, to a person who satisfies the authorized officer that he or she requires the reproduction for the purposes of research or study. The Copyright Act grants the creator of a work a number of moral rights, specifically the right of attribution, the right against false attribution and the right of integrity. You may infringe the author’s moral rights if you: - fail to acknowledge the author of this thesis if you quote sections from the work - attribute this thesis to another author - subject this thesis to derogatory treatment which may prejudice the author’s reputation For further information contact the University’s Copyright Service. sydney.edu.au/copyright MEDIATING JUSTICE INVESTIGATING THE FRAMING OF THE 2006 COLE INQUIRY Nonée Philomena Walsh Thesis submitted in fulfilment of the requirements for a Master of Arts (Research) within the Department of Media and Communications, School of Letters, Art, and Media, The University of Sydney 2015 © Nonée Walsh CERTIFICATE OF ORIGINAL AUTHORSHIP I hereby certify that the thesis entitled, Mediating justice: Investigating the framing of the 2006 Cole Inquiry, submitted to fulfil the conditions of a Master of Arts (Research), is the result of my own original research, except where otherwise acknowledged, and that this work has not been submitted previously, in whole or in part, to qualify for any other academic award. The human research conducted for this study was granted ethical approval on 2 May 2011 (approval no. 13544). Signed: Nonée Philomena Walsh 25 January 2015 2 ACKNOWLEDGEMENTS With thanks to my supervisor Dr Fiona Martin for her extraordinary level of commitment and for her love and great friendship. Without her, this thesis would never have gone beyond an idea I discussed. Thanks to Emeritus Professor Rod Tiffen and Associate Professor Timothy Dwyer for their advice and ideas. My husband, Rob Macken, has given generous support and encouragement and my son, Seamus Macken-Walsh, showed unwavering belief in me despite his scant interest in non-football-related subjects. I would like to give a big thank you to the barristers and journalists who agreed to be interviewed, for their trust and for their generosity with their time. Emeritus Professor Ann Daniel and Professor Mary Macken-Horarick gave great support and assistance. Paul Storey provided the writing bolt-hole and the food, red wine and entertainment in the breaks, and that was much appreciated. Thanks also to Susan McCreery and Monica Crouch for their generous and professional proofreading work. Any remaining errors are mine. 3 ABSTRACT This study analyses the mediation and mediatisation of the Cole Inquiry, formally known as the Inquiry into certain Australian companies in relation to the UN Oil-for- Food Programme, which investigated whether breaches of United Nations’ trade sanctions by Australia’s monopoly wheat exporter, AWB Limited, broke any Australian law. This thesis explores how a political “framing war” over responsibility for the scandal impacted on media coverage of the Cole Inquiry. Using news-framing theory and qualitative methods this thesis investigates how the Inquiry was reported, how legal and political communicators influenced news reportage and in turn how the media influenced the presentation of the Inquiry process. The study draws on expert interviews, news-framing and transcript analyses, and a case study to document and analyse interactions between the media, lawyers, and others with a stake in shaping public perceptions of the Cole Inquiry. The study finds that media representations of the Inquiry were not just accurate accounts of legal process, but a co-production involving legal performers, strategic communications professionals, politicians and journalists. The research illustrates that journalists’ professional practices respond to legal process and are shaped by legal communications. It indicates that lawyers appearing at the Inquiry can be seen as performing for the media and reacting to media coverage. It extends research on the role of court information officers as a “bridge” between lawyers and journalists, indicating how such internal strategic communications professionals might also function as frame sponsors. A case study concludes that externally sponsored 4 source material from politicians and political strategists had a marked impact on news journalists’ framing of the Cole Inquiry. In analysing the extent of the Cole Inquiry’s mediatisation, this research develops a more nuanced understanding of the differences between legal and media interpretations of public hearings than has previously emerged from journalism and media studies of political scandals. It presents a complex account of the ways in which legal and political frame sponsors can influence the way journalists shape the “truth” of legal process for the public. 5 ACRONYMS AND TERMS ABC – Australian Broadcasting Corporation: Australia’s national public service broadcaster. Alia – Alia for Transportation and General Trade: Jordan-based trucking company that received fees from AWB and paid them to Iraqi government entities. AusAID – Australian Agency for International Development. AWB – AWB Limited: monopoly Australian wheat trader formed from the 1999 privatisation of the national Australian Wheat Board. AWBI – AWB International Limited: subsidiary of AWB that conducted international grains trade. Counsel Assisting – Counsel Assisting the Inquiry: barrister appointed by the Inquiry to conduct the investigation and present evidence at hearings. Cole Inquiry – Inquiry into Certain Australian Companies in relation to the UN Oil- for-Food Programme: named after its Commissioner Terence R. H. Cole (coll. the Oil-for-Food Inquiry). DFAT – Australian Government Department of Foreign Affairs and Trade. IGB – Iraqi Grains Board. OFFP – Oil-for-Food Programme: UN program for supply of humanitarian goods funded from sales of Iraqi oil. Ronly – a British shipping company used, at one point, to pay fees to Iraq. 6 Single Desk – The system under the Wheat Marketing Act 1989 that meant AWB (International) Limited was exclusive marketer for all bulk exports of Australian wheat. UN – United Nations. Volcker report/inquiry – the Independent Inquiry Committee into the United Nations Oil-for-Food programme, named after its Chair, Paul Volcker. APPENDICES LIST 1. Timeline AWB scandal……………………………………………………………….203 2. Legal participants interview questions……………………………………………..204 3. Journalists’ interview questions……………………………………………………..205 4. Communications professionals’ interview questions……………………..………207 TABLES AND FIGURES Table 1. Framing and sources. ............................................................................... 95 Figure 1. The Age front page, March 3 2006 .......................................................... 154 Figure 2. Sydney Morning Herald front page, early edition, February 29 2006 ...... 183 Figure 3. Sydney Morning Herald front page, late edition, February 29 2006. ....... 184 7 CONTENTS CERTIFICATE OF ORIGINAL AUTHORSHIP .................................................................. 2 ACKNOWLEDGEMENTS ...................................................................................................... 3 ABSTRACT ................................................................................................................................. 4 ACRONYMS AND TERMS ..................................................................................................... 6 APPENDICES LIST ................................................................................................................... 7 TABLES AND FIGURES ......................................................................................................... 7 CONTENTS ................................................................................................................................. 8 CHAPTER 1: INTRODUCTION .......................................................................................... 12 THE PROBLEM ................................................................................................. 15 THE RESEARCH FOCUS .............................................................................. 17 AIMS .................................................................................................................... 18 SIGNIFICANCE ................................................................................................. 20 BACKGROUND ................................................................................................. 22 THEORETICAL FRAMEWORK .................................................................... 23 THE CHAPTERS .............................................................................................. 25 PARTICIPANT OBSERVATIONS ................................................................. 28 CONCLUSION ................................................................................................... 30 CHAPTER 2: MEDIATISING AN INQUIRY ....................................................................