CCC Hearings re FMG Railway - Yindjibarndi Aboriginal Corporation
CCC Hearings re FMG Railway - Yindjibarndi Aboriginal Corporation
CCC Hearings re FMG Railway - Yindjibarndi Aboriginal Corporation
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EXTRACT<br />
WESTERN AUSTRALIAN CORRUPTION & CRIME<br />
COMMISSION (<strong>CCC</strong>) HEARING<br />
with Labour Party MP John Bowler<br />
<strong>re</strong>garding <strong>FMG</strong>’s railway through the Woodstock Abydos <strong>Aboriginal</strong><br />
Reserve.<br />
____________________________<br />
HOW POWER & PRIVILEGE WORK IN THE ‘STATE OF MINING’<br />
Over several months in 2006 the Palyku people pleaded with the Carpenter Labour<br />
Government and its ministers to spa<strong>re</strong> country lying within the Woodstock Abydos<br />
<strong>Aboriginal</strong> Reserve – an a<strong>re</strong>a of large granite hills 200 kilomet<strong>re</strong>s south of Port Hedland that<br />
had been especially protected for its tens of thousands of ancient rock engravings.<br />
Instead, WA’s Minister for Indigenous Affairs, Sheila McHale, used her power to<br />
overturn the Protected A<strong>re</strong>a Status of the Reserve in order to allow the building of a railway<br />
line for the Fortescue Metals Group.<br />
While the Palyku we<strong>re</strong> igno<strong>re</strong>d, the Corruption & Crime Commission hearing with<br />
Minister for Resources, John Bowler, describes how lobbyists, ex Labour P<strong>re</strong>mier Brian Burke<br />
and ex Labour Minister Julian Grill, had the ear of Government at its highest levels, and how<br />
they worked through Minister Bowler to advocate for <strong>FMG</strong>’s railway through this ‘protected’<br />
Reserve.<br />
This transcript provides a behind-‐the-‐scenes understanding of how and why<br />
<strong>Aboriginal</strong> heritage has been <strong>re</strong>peatedly trashed in the face of mining industry p<strong>re</strong>ssu<strong>re</strong> in<br />
Western Australia. This use of ‘disc<strong>re</strong>tionary power’ by the Minister for Indigenous Affairs<br />
against the cultural inte<strong>re</strong>sts of <strong>Aboriginal</strong> people has become routine in Western Australia.<br />
____________________________<br />
27 February 2007<br />
The Commissioner: Yes, can I ask you now some questions, Mr. Bowler, about <strong>FMG</strong>.<br />
Now, I understood you to say a moment or two ago that the<strong>re</strong> was a number of issues<br />
that arose in <strong>re</strong>spect of <strong>FMG</strong>. Is that right?<br />
Mr. Bowler: That's cor<strong>re</strong>ct.<br />
The Commissioner: Would it be fair to say that the number of issues raised with you on<br />
behalf of <strong>FMG</strong> became somewhat troubling in the sense that they we<strong>re</strong> irritating, the<strong>re</strong><br />
was a lot of them?<br />
Mr. Bowler: Our office had a saying - "the <strong>FMG</strong> Friday crisis" that usually had to be fixed<br />
up befo<strong>re</strong> Monday otherwise the<strong>re</strong>'d be all hell to play. Occasionally we got Friday crises<br />
on other days of the week as well. I've got to say just quickly an overview, Mr.<br />
Commissioner, of <strong>FMG</strong>. This was a multi billion dollar project that has under my<br />
<strong>CCC</strong> Hearing with John Bowler p1/23
guidance and help, along with other ministers, been driven quicker than anyone could<br />
imagine. And<strong>re</strong>w For<strong>re</strong>st drove it, pushed everyone, pushed his staff, and sometimes we<br />
helped him along as quick as we could. I don't see anything wrong with that. That is my<br />
job as a minister, to help people, and if I can cut a corner - maybe it's my attitude to do<br />
so, that's my natural instinct and it might get me into trouble sometimes, but that's my<br />
natural instinct to do so.<br />
The Commissioner: Right.<br />
Mr. Hall: You understood that Mr. Grill and Mr. Burke we<strong>re</strong> acting as lobbyists for <strong>FMG</strong>?<br />
Mr. Bowler: Mr. Grill.<br />
Mr. Hall: Just Mr. Grill?<br />
Mr. Bowler: I - I thought it was just Mr. Grill.<br />
Mr. Hall: Right?<br />
Mr. Bowler: I've found out since that the<strong>re</strong> was - they we<strong>re</strong> linked together on all<br />
projects. I thought Julian Grill had some projects and Brian Burke had others and - but<br />
obviously now they'<strong>re</strong> together on everything.<br />
Mr. Hall: Right, and what matters did they seek to lobby you about in <strong>re</strong>spect of <strong>FMG</strong>?<br />
Mr. Bowler: As I say to you, the<strong>re</strong> was about a weekly issue so - but to paraphrase it all,<br />
you'd say the approvals processes.<br />
Mr. Hall: In that <strong>re</strong>gard was it about trying to speed up the approvals processes or find<br />
out what was going on? Both of those things?<br />
Mr. Bowler: At varying times. In general to try and speed things up, overcome the <strong>re</strong>d<br />
tape and bu<strong>re</strong>aucracy.<br />
Mr. Hall: All right. One of the issues was, as I mentioned yesterday in the opening, the<br />
route of the railway line to Port Hedland, wasn't it?<br />
Mr. Bowler: Through Woodstock/Abydos.<br />
Mr. Hall: Yes, and Woodstock/Abydos is a protected a<strong>re</strong>a?<br />
Mr. Bowler: Yes. I've got some contention with that. I think it demeans <strong>Aboriginal</strong><br />
heritage when you take two old stations with white man's boundaries and say this is an<br />
<strong>Aboriginal</strong> protected a<strong>re</strong>a. It's just ridiculous it was ever done in the first place.<br />
Mr. Hall: All right, but the fact is - - -?<br />
Mr. Bowler: It's been done.<br />
<strong>CCC</strong> Hearing with John Bowler p2/23
Mr. Hall: - - - it is and - - -<br />
The Commissioner: Just hang for a moment. Just by way of explanation, is that whe<strong>re</strong> the<br />
name Woodstock/Abydos comes from, the name of two old - - -?<br />
Mr. Bowler: It was two sheep stations, Mr. Commissioner, and I - I just thought it<br />
demeaned a heritage when you could take two sheep stations and saying these sheep<br />
stations have - a<strong>re</strong> heritage-listed rather than I suppose you could say the <strong>Aboriginal</strong><br />
boundaries.<br />
The Commissioner: Right, yes, I was just intrigued as to whe<strong>re</strong> the name had come from.<br />
Mr. Hall: All right, but at all material times they we<strong>re</strong> - that was a protected a<strong>re</strong>a under<br />
the <strong>Aboriginal</strong> Heritage Act?<br />
Mr. Bowler: Yep.<br />
Mr. Hall: Because of that, <strong>FMG</strong> had made an application for part of that land to be excised<br />
for the purposes of building the railway. Yes?<br />
Mr. Bowler: The<strong>re</strong> we<strong>re</strong> two possible processes and that was one of them, yes.<br />
Mr. Hall: That's the process that they in fact opted for, isn't it?<br />
Mr. Bowler: Yeah, I think after some debate.<br />
Mr. Hall: As I understand that process, the place that application goes in the first instance<br />
is to the <strong>Aboriginal</strong> Cultural Materials Committee?<br />
Mr. Bowler: It ends up the<strong>re</strong>. I don't think it - I know it had been going on for some time.<br />
It gets the<strong>re</strong>, yes.<br />
Mr. Hall: Yes, and then that committee makes a <strong>re</strong>commendation to the minister who<br />
makes the decision?<br />
Mr. Bowler: Yes.<br />
Mr. Hall: That being?<br />
Mr. Bowler: But she doesn't have to accept the decision.<br />
Mr. Hall: Of course, no, and in fact she can take that <strong>re</strong>commendation, any submissions<br />
made to her into account and make a decision on the matter and indeed that's what<br />
ultimately happened, wasn't it? The decision was made to excise the a<strong>re</strong>a and to allow<br />
the railway to go ahead and you had a strong view that was the appropriate course, didn't<br />
you?<br />
Mr. Bowler: Yes, I did.<br />
<strong>CCC</strong> Hearing with John Bowler p3/23
Mr. Hall: It also happened to be a view that Mr. Grill was exp<strong>re</strong>ssing to you on behalf of<br />
his client?<br />
Mr. Bowler: That's right.<br />
Mr. Hall: Was Mr. Grill keen to know - I take it from what you said a moment ago the<br />
process ended up being quite a long one?<br />
Mr. Bowler: Yeah. Any of those things seem to take inordinately long and at that stage,<br />
you know, the word from And<strong>re</strong>w For<strong>re</strong>st was that if we don't get approval soon, the<br />
project would fall over. It was p<strong>re</strong>carious. He was at a stage of organising fundings and,<br />
as I say, it's a multi-billion-dollar project.<br />
Mr. Hall: So it was important to him, not only to get a final decision on the matter but to<br />
know whe<strong>re</strong> in that decision-making process the matter had <strong>re</strong>ached?<br />
Mr. Bowler: Yes.<br />
Mr. Hall: Did Mr. Grill p<strong>re</strong>ss you for information in that <strong>re</strong>gard?<br />
Mr. Bowler: We would have been in - as I've said, I told you befo<strong>re</strong>, we we<strong>re</strong> in constant<br />
contact on <strong>FMG</strong> issues, whe<strong>re</strong> they we<strong>re</strong> and how I could help. As the Minister for<br />
Resources, that's my job.<br />
Mr. Hall: Can we listen to a call on 27 April last year please, 813?<br />
Start of TI transcript, exhibit T813:<br />
GRILL: Is the<strong>re</strong> someone that I can deal with in your Department<br />
BOWLER: Fine, well<br />
GRILL: that I can send the material through to, or?<br />
BOWLER: In the office or the Department?<br />
GRILL: Well, I p<strong>re</strong>fer to deal with someone in your office.<br />
BOWLER: Okay.<br />
GRILL: I mean.<br />
BOWLER: Uhm,<br />
GRILL: I mean (sighs) Simon seems to be very busy.<br />
BOWLER: Well no, well Simon’s coming with me overseas anyway .<br />
GRILL: Is he?<br />
<strong>CCC</strong> Hearing with John Bowler p4/23
BOWLER: How about dealing with Paula or Tommo, no, no I’m going to move Tommo<br />
mo<strong>re</strong> into <strong>re</strong>sources.<br />
GRILL: Mm hm.<br />
BOWLER: Uhm, ah he’s just wasted a bit whe<strong>re</strong> he is uhm, uhm maybe Paula at this stage.<br />
GRILL: (Clears throat)<br />
BOWLER: You know Paula, don’t you?<br />
GRILL: I’m not su<strong>re</strong> that I do.<br />
BOWLER: Well okay, uhm why don’t we you, you give this one to Tommo.<br />
GRILL: Well<br />
BOWLER: Why don’t you?<br />
GRILL: I’m quite happy to deal with Paula.<br />
BOWLER: Speak to.<br />
GRILL: I mean I’m even happy to deal with Rosemary but I’d like<br />
BOWLER: No Rosemary’s out of the loop.<br />
GRILL: the<strong>re</strong> to be someone I can deal with while you’<strong>re</strong> away.<br />
BOWLER: Yeah, no Rosemary’s out of the loop uhm deal with Paula.<br />
GRILL: Is Paula competent?<br />
BOWLER: Yeah, very, very good.<br />
GRILL: And could you give her a ring to say I’m gunna contact her?<br />
BOWLER: I’ll give her a ring now, say you’<strong>re</strong> gunna contact her.<br />
GRILL: Yeah.<br />
BOWLER: So you can give her the background to it.<br />
GRILL: Yes.<br />
BOWLER: Ah, and we can want to move it forward.<br />
GRILL: Yes.<br />
<strong>CCC</strong> Hearing with John Bowler p5/23
BOWLER: Okay mate, uhm.<br />
GRILL: Can you<br />
BOWLER: I’ll err, I’ll give you<br />
GRILL: can you contact uhm Sheila tomorrow and just say?<br />
BOWLER: Yep.<br />
GRILL: Look this is holding up this project and uhm.<br />
BOWLER: Well can you fax?<br />
GRILL: Yes.<br />
BOWLER: And mark it attention Simon, just a bit of what the background you’<strong>re</strong> got<br />
the<strong>re</strong> and the name of the <strong>Aboriginal</strong> group.<br />
GRILL: Yes.<br />
BOWLER: Ah, so I’ve got some facts when I’m, when I talk to Sheila.<br />
GRILL: Yes, I can get all that through to you.<br />
BOWLER: Okay.<br />
GRILL: And, and to Paula?<br />
BOWLER: So you fax that through to Simon and I, I’ll get Paula to give you a buzz.<br />
GRILL: Now I’ll tell you what, you’<strong>re</strong> not keen for stuff to come through to your office on<br />
my, on my computer, a<strong>re</strong> you?<br />
BOWLER: No.<br />
GRILL: So if I get this sent through by <strong>FMG</strong><br />
BOWLER: ... or internal fax.<br />
GRILL: What’s that?<br />
BOWLER: Yeah, yeah get, get <strong>FMG</strong> to send it.<br />
GRILL: I’ll get <strong>FMG</strong> to send it through.<br />
BOWLER: Yep.<br />
<strong>CCC</strong> Hearing with John Bowler p6/23
GRILL: Ah and then I can ring up Paula and talk to her and to Simon and talk to them?<br />
BOWLER: Yep.<br />
GRILL: Okay then.<br />
BOWLER: Okay.<br />
GRILL: Alright.<br />
End of TI transcript, exhibit T813.<br />
Mr. Hall: You appear to ag<strong>re</strong>e to that comment by Mr. Grill that you'<strong>re</strong> not keen for stuff<br />
to come through to your office from his computer?<br />
Mr. Bowler: As I said to you yesterday, my concern about the continued FOI <strong>re</strong>quests on<br />
such that would then be out in the<strong>re</strong> to the media, no other <strong>re</strong>ason.<br />
Mr. Hall: The<strong>re</strong>'s a <strong>re</strong>fe<strong>re</strong>nce to Shelia, that would be Ms McHale: Can you contact Shelia<br />
tomorrow and just say, "Look this is holding up this project?" Did you do that?<br />
Mr. Bowler: I think I told you - did we speak about this yesterday or am I - the st<strong>re</strong>ss<br />
level is getting to the point whe<strong>re</strong> I can't <strong>re</strong>member.<br />
Mr. Hall: We did - no, we did mention it at the very end of the day?<br />
Mr. Bowler: Yes, right.<br />
Mr. Hall: And you did say that you had spoken to Ms McHale?<br />
Mr. Bowler: Yeah.<br />
Mr. Hall: I just wonder if you could - - -?<br />
Mr. Bowler: So you'<strong>re</strong> asking the same question again the next day?<br />
Mr. Hall: Well, in the light of this telephone call - - -?<br />
Mr. Bowler: Okay.<br />
Mr. Hall: a<strong>re</strong> you able to say whether you did it in consequence of Mr. Grill asking you to?<br />
Mr. Bowler: I <strong>re</strong>member it was the day I was - the morning I was going overseas, I had<br />
never been overseas in my life. My wife had never been overseas in my life, honestly, if I<br />
did it it was getting it out of the way befo<strong>re</strong> I went overseas. If I didn't do it I'm<br />
disappointed I didn't because I should have done it because I was supportive of the<br />
project and wanted to move it on as quick as I could.<br />
<strong>CCC</strong> Hearing with John Bowler p7/23
Mr. Hall: The day you went overseas was the 28th, was it?<br />
Mr. Bowler: April or May?<br />
Mr. Hall: This was the 27th this call?<br />
Mr. Bowler: Is it April or May?<br />
Mr. Hall: Yes, this is 27 April?<br />
Mr. Bowler: Yeah, it was April. I went away on the Saturday morning.<br />
Mr. Hall: Right?<br />
Mr. Bowler: Yep. Yeah.<br />
Mr. Hall: Well, it would seem you did have some opportunity to speak to Ms McHale<br />
because you had this conversation on the 28th, the next day, of April. 814?<br />
Mr. Bowler: What time?<br />
Mr. Hall: The time is about quarter past 6 in the evening?<br />
Mr. Bowler: No.<br />
Okay, it wasn't the Saturday then because I was - I left at midday.<br />
Start of TI transcript, exhibit 814<br />
GRILL: Hello?<br />
BOWLER: Julian?<br />
GRILL: John, how a<strong>re</strong> you?<br />
BOWLER: Hello?<br />
GRILL: Yeah I’m right yeah. John<br />
BOWLER: Julian, how a<strong>re</strong> you going?<br />
GRILL: Yeah, good.<br />
BOWLER: A couple of things. I just spoke to Sheila. Uhm, she’s still shying away from<br />
using the Section Ten, uhm, saying that, you know, it will set a p<strong>re</strong>cedent, uhm that they<br />
have been working going down Section Twenty One. She’s confident that, you know,<br />
going down that way will, you know, pave the way. I said, well you know, you’ve still got<br />
to go to that bloody ah meeting next week of the, uhm, what is it? Ah, the ACMC?<br />
GRILL: ACMC. Yeah.<br />
<strong>CCC</strong> Hearing with John Bowler p8/23
BOWLER: Ah, on May the third and, uhm, who’s to know what they they’ll do? Uhm<br />
GRILL: Hm.<br />
BOWLER: and she said, she kept on going back and setting the p<strong>re</strong>cedent<br />
GRILL: Hm.<br />
BOWLER: and State Solicitor’s advice. And I said, well, you know, mate, you know, State<br />
Solicitor’s advice changes from day to day as I’ve just learned on<br />
GRILL: Hm.<br />
BOWLER: bloody err, on (supp<strong>re</strong>ssion). Uhm, anyway, she said, oh, look, I’m, ah, and I<br />
said I’ve seen another legal opinion that says, you know, if we go down this other path,<br />
you know, while it may set a bit of a p<strong>re</strong>cedent, I said this, in itself, is a p<strong>re</strong>cedent because<br />
the<strong>re</strong> is no other a<strong>re</strong>a in the state, you know, quite like Woodstock and the Abydos<br />
Reserves that a<strong>re</strong> <strong>re</strong>ally ah, you know, and even she concedes that it could never have<br />
been done in the first place.<br />
GRILL: Yeah.<br />
BOWLER: Uhm, ah, but she, you know, she was humming and haring on that a bit. I think<br />
if I, two things. First of all, she said well look if you, if the<strong>re</strong> is another legal opinion out<br />
the<strong>re</strong> that I can then use and then maybe send back to State Solicitors and say well look,<br />
you know, someone else has said this<br />
GRILL: Yeah.<br />
BOWLER: I’m p<strong>re</strong>pa<strong>re</strong>d to look at it.<br />
GRILL: Yep.<br />
BOWLER: So if you’ve got a legal opinion that<br />
GRILL: Yeah, we have.<br />
BOWLER: you know, that gives a concise way through that,<br />
GRILL: Yeah<br />
BOWLER: without setting a p<strong>re</strong>cedent, you know. And I think if it does set a p<strong>re</strong>cedent,<br />
then the very natu<strong>re</strong> of this place sets a p<strong>re</strong>cedent. It doesn’t apply anywhe<strong>re</strong> else in the<br />
state, does it?<br />
GRILL: No. No.<br />
BOWLER: So, those two things. The next one obviously is, ah, I think if the P<strong>re</strong>mier told<br />
<strong>CCC</strong> Hearing with John Bowler p9/23
her you know ah ...... then maybe you know that would happen.<br />
GRILL: Yeah, right okay then. Alright.<br />
End of TI transcript, exhibit 814<br />
THE WITNESS: Now, Mr Commissioner, befo<strong>re</strong> we <strong>re</strong>sume can I seek a supp<strong>re</strong>ssion on<br />
the word "(supp<strong>re</strong>ssion)." It's a part of a - (supp<strong>re</strong>ssion) - it disputes a part of a Sup<strong>re</strong>me<br />
Court decision or action involving the state government. I don't know if - - -<br />
Mr. Hall: It's on the second page - - -<br />
The Commissioner: I don't have - - -?<br />
Mr. Bowler: I don't even know why the word "(supp<strong>re</strong>ssion)" was mentioned the<strong>re</strong>.<br />
- - - (indistinct) do you Mr. Hall?<br />
Mr. Hall: No. I don't have any difficulty with it either.<br />
The Commissioner: All right. The<strong>re</strong> will be a supp<strong>re</strong>ssion of the name (supp<strong>re</strong>ssion) in<br />
extract T0814?<br />
Mr. Bowler: Yes.<br />
Mr. Hall: It would seem from that that you did speak to Ms McHale?<br />
Mr. Bowler: Yep.<br />
Mr. Hall: Did you have any <strong>re</strong>servations about providing to Mr. Grill an account of this<br />
minister-to-minister conversation?<br />
Mr. Bowler:Certainly not.<br />
Mr. Hall: Did it occur to you that Mr. Grill could speak to Ms McHale himself if he wished<br />
to do so?<br />
Mr. Bowler:If she wanted to.<br />
Mr. Hall: Well, why did you think - - -?<br />
Mr. Bowler:That's my job.<br />
Mr. Hall: Why did you think it was necessary for you - - - ?<br />
Mr. Bowler:That's my job.<br />
Mr. Hall: to act as an intermediary in this <strong>re</strong>gard?<br />
Mr. Bowler:Well, he was talking to me. What am I going to say? "I'm not going to tell<br />
<strong>CCC</strong> Hearing with John Bowler p10/23
you about it. You go - " it was - I was the<strong>re</strong> making a <strong>re</strong>p<strong>re</strong>sentation on the - as the<br />
Minister for Resources. As minister assisting the Minister for State Development, it's my<br />
job to help those processes through.<br />
Mr. Hall: On behalf of the inte<strong>re</strong>sts of the public at large?<br />
Mr. Bowler:Of the mining industry and of the West Australian people.<br />
Mr. Hall: So why do you go back and give an account of this to Mr. Grill?<br />
Mr. Bowler:It wasn't a Cabinet decision. It was a discussion.<br />
Mr. Hall: I'm not saying that?<br />
Mr. Bowler:So what's wrong - - -<br />
Mr. Hall: I'm just saying, why a<strong>re</strong> you - - - ?<br />
Mr. Bowler:Why a<strong>re</strong> you asking me that? What is wrong with that?<br />
Mr. Hall: I'm asking you why you we<strong>re</strong> acting as an intermediary for Mr. Grill. Why can't<br />
he just deal with the Minister for Indigenous Affairs himself?<br />
Mr. Bowler:He's asked me what - the prog<strong>re</strong>ss of this development and I'm just advising<br />
him of a way forward.<br />
Mr. Hall: Didn't it occur to you that the <strong>re</strong>ason why Mr. Grill mightn't do this is he<br />
mightn't <strong>re</strong>ceive the same warm, friendly <strong>re</strong>ception from other minister as he got from<br />
you?<br />
Mr. Bowler:Well, I'd like to think all ministers a<strong>re</strong> warm and friendly as me and helpful<br />
and get developments done and maybe it's your opinion they'<strong>re</strong> not but my job was to get<br />
it done and to help that happen.<br />
Mr. Hall: Was a legal opinion, do you know, ever provided?<br />
Mr. Bowler:I'm unawa<strong>re</strong>.<br />
Mr. Hall: Did you know that the ACMC, the <strong>Aboriginal</strong> Cultural and Materials Committee<br />
did make a <strong>re</strong>commendation?<br />
Mr. Bowler:Yes, I'm awa<strong>re</strong> of that.<br />
Mr. Hall: On 7 June?<br />
Mr. Bowler:Yes.<br />
Mr. Hall: Do you know what the outcome of that was, what the <strong>re</strong>commendation was?<br />
<strong>CCC</strong> Hearing with John Bowler p11/23
Mr. Bowler:If I - not exactly but if I <strong>re</strong>member, it was this, that - which I think we've just<br />
been shown in the transcript and I think it was someone in the department or the<br />
minister or someone told me that their decision was that they would say, "No," but that<br />
the minister may then overturn the decision but they couldn't make - do that decision<br />
themselves. So in other words I think they said, "No," but then let others sort of put a<br />
caveat on it saying, "Well, we've said no because otherwise it would look - you know, it<br />
just wouldn't look right but if you want to, go ahead and overturn the decision."<br />
Mr. Hall: Well, it's the minister's decision at the end of the day anyway, isn't it?<br />
Mr. Bowler:At the end of the day, you know, yeah, either way.<br />
Mr. Hall: Yes, but the committee, or whatever your interp<strong>re</strong>tation of that may be, said,<br />
"No," that the variation to the protected a<strong>re</strong>a should not be permitted?<br />
Mr. Bowler:Yeah, which I disag<strong>re</strong>ed with personally.<br />
Mr. Hall: I <strong>re</strong>alise that. Did you advise Mr. Grill of that position, that outcome?<br />
Mr. Bowler:I assume I would have, yes. Either him or one of my staff members would<br />
have or <strong>FMG</strong>.<br />
Mr. Hall: Whe<strong>re</strong> the<strong>re</strong>'s a variation to a protected a<strong>re</strong>a, that's a matter that has to go to<br />
the governor in council, doesn't it?<br />
Mr. Bowler:I'm not too su<strong>re</strong>.<br />
Mr. Hall: You'<strong>re</strong> not too su<strong>re</strong>, all right. Matters that have to be conside<strong>re</strong>d by the<br />
governor in council, a<strong>re</strong> they usually <strong>re</strong>fer<strong>re</strong>d to in Cabinet?<br />
Mr. Bowler:I - at the end of the day, they may have been but at that stage it hadn't been<br />
<strong>re</strong>fer<strong>re</strong>d to Cabinet.<br />
Mr. Hall: They we<strong>re</strong> ultimately, this matter was <strong>re</strong>fer<strong>re</strong>d to - - -?<br />
Mr. Bowler:I assume if the<strong>re</strong> was a - you know, a process that was done.<br />
Mr. Hall: The<strong>re</strong> was a Cabinet meeting on 19 June 2006, I understand, which was a<br />
Monday. It's usual, I take it, Cabinet meetings to be on a Monday?<br />
Mr. Bowler:Yes, cor<strong>re</strong>ct.<br />
Mr. Hall: You we<strong>re</strong> back, I would guess, from your overseas trip. How long we<strong>re</strong> you<br />
away for?<br />
Mr. Bowler:10 days.<br />
Mr. Hall: So until what, about mid-may, something like that?<br />
<strong>CCC</strong> Hearing with John Bowler p12/23
Mr. Bowler:Yeah.<br />
Mr. Hall: Now, the<strong>re</strong> had been an arrangement with Mr. Grill to meet on that day, on 19<br />
June, for lunch. Cabinet meetings, I take it, a<strong>re</strong> normally in the morning, a<strong>re</strong> they?<br />
Mr. Bowler:Yep.<br />
Mr. Hall: All right. If we could listen to 819, please.<br />
Start of IT transcript, exhibit 819:<br />
GRILL: Hello.<br />
BOWLER: Julian, John.<br />
GRILL: G’day mate how a<strong>re</strong> you?<br />
BOWLER: Yeah good, whe<strong>re</strong> a<strong>re</strong> you? On the er banks of the, of the err<br />
GRILL: Of the Seine?<br />
BOWLER: Seine, yeah.<br />
GRILL: Not far away.<br />
BOWLER: On the left bank a<strong>re</strong> ya?<br />
GRILL: (laughs) Yeah we a<strong>re</strong> at the Hotel Hilton at the moment.<br />
BOWLER: Whe<strong>re</strong>?<br />
GRILL: Hilton Hotel.<br />
BOWLER: Oh, okay and Brian?<br />
GRILL: Now we’<strong>re</strong> going to ...<br />
BOWLER: Brian er<br />
GRILL: Uh yeah.<br />
BOWLER: ... can’t be I rang him up and uhm yeah look uhm the<strong>re</strong>’s a few little things I, I<br />
want to have a chat to you when you get back, uhm you know branch and everything else.<br />
GRILL: Mm hm.<br />
BOWLER: and uhm, when do you get back?<br />
GRILL: I get back on Friday, what about if I give you a ring on uhm, what would suit you<br />
<strong>CCC</strong> Hearing with John Bowler p13/23
est?<br />
BOWLER: Yeah.<br />
GRILL: Uh Saturday?<br />
BOWLER: Well or may, may, may I, I think maybe Monday, yeah or Monday lunch time, I<br />
we have a lunch together or something after cabinet,<br />
GRILL: That’d be g<strong>re</strong>at.<br />
BOWLER: Okay.<br />
GRILL: Alright.<br />
BOWLER: That’s what we’ll do. Uhm I’ll give you a ring as soon as I come out of cabinet<br />
Monday, so I won’t hang around and we’ll just, whe<strong>re</strong> would you like to meet? Just<br />
somewhe<strong>re</strong> you know not sort of too salubrious and sort of long-winded err.<br />
GRILL: What say down at the Mount St<strong>re</strong>et Café?<br />
End of IT transcript, exhibit 819.<br />
Mr. Hall: All right, so it would look like that meeting on 19 June was a p<strong>re</strong>arranged one<br />
initiated by you?<br />
Mr. Bowler:Yep.<br />
Mr. Hall: You clearly knew that you would be attending a Cabinet meeting that day. Is<br />
that something - sometimes those Cabinet meetings a<strong>re</strong> a bit unp<strong>re</strong>dictable in terms of<br />
their length I take it, so the<strong>re</strong> might be some uncertainty as to when you could get the<strong>re</strong>?<br />
Mr. Bowler:I've never known one to go past 1 o'clock in my time. I think in the past they<br />
have.<br />
Mr. Hall: All right. Mr. Grill spoke to Mr Tapp of <strong>FMG</strong> about that and we don't need to<br />
play the call I don't think. I can tell you that on 16 June 2006 Mr. Grill told Mr Tapp that<br />
he was having lunch with you and that he thought it was to talk business. Did you have a<br />
purpose in mind?<br />
Mr. Bowler:No, as I said, the<strong>re</strong> may have been a couple of branch matters. Julian Grill is<br />
still in the Kalgoorlie-Boulder branch of the Labor Party and the<strong>re</strong> may have been a<br />
couple of - as I say, the<strong>re</strong> was usually the weekly <strong>FMG</strong> issue and I don't think I'd spoken<br />
to him for some time, he'd been away, so just to clear them up.<br />
Mr. Hall: Do you <strong>re</strong>member who was in attendance at this lunch on the 19th?<br />
Mr. Bowler:I can't <strong>re</strong>call.<br />
<strong>CCC</strong> Hearing with John Bowler p14/23
Mr. Hall: Well, if I suggested that - - -?<br />
Mr. Bowler:Maybe Simon was the<strong>re</strong>, was he, or Tim? No, Tim Walster was the<strong>re</strong> I think.<br />
Mr. Hall: Both of them?<br />
Mr. Bowler:Both of them, we<strong>re</strong> they? Okay.<br />
Mr. Hall: Yes, I think so?<br />
Mr. Bowler:Yep. It was in a very public place, I know that.<br />
Mr. Hall: Not all of it. Some of it was at Mr. Grill's home?<br />
Mr. Bowler:Okay. Okay.<br />
Mr. Hall: And, yes, they we<strong>re</strong> both p<strong>re</strong>sent, that is, Mr Corrigan and Mr Walster, and you<br />
we<strong>re</strong> a little delayed I think in getting the<strong>re</strong>. Do you <strong>re</strong>call that?<br />
Mr. Bowler:No.<br />
Mr. Hall: That Mr Corrigan and Mr Walster we<strong>re</strong> the<strong>re</strong> first?<br />
Mr. Bowler:Okay, I - - -<br />
Mr. Hall: You don't <strong>re</strong>call that?<br />
Mr. Bowler:No.<br />
Mr. Hall: I played you an excerpt, you may <strong>re</strong>call, from last night. Would you like me to<br />
<strong>re</strong>mind you of that?<br />
Mr. Bowler:I slept on it all last night so I don't think <strong>re</strong>minding of it.<br />
Mr. Hall: All right. Well, for the sake of the <strong>re</strong>cord it's 955. Mr. Grill asks you how<br />
Cabinet went and you said, "Good, a couple of big decisions defer<strong>re</strong>d," and you then raise<br />
the subject of Woodstock/Abydos. You say, "Appa<strong>re</strong>ntly Carps" - obviously that's a<br />
<strong>re</strong>fe<strong>re</strong>nce to Mr Carpenter - "says he's happy in the way it's going, that although they said,<br />
you know, the decisions of that committee" - and someone says "ACMC" and you say,<br />
"ACMC. Sheila - Sheila understands that they have to say that and that she will now<br />
overturn it." Now, someone - Mr. Grill in fact says he had better take some notes. He<br />
says, "So Carpenter just told you that Sheila should overturn the decision." Mr Corrigan<br />
says, "Yeah, I think she has, Sheila said that she will," and you say, "Yeah, yeah, yeah."<br />
Mr. Hall: This had occur<strong>re</strong>d at Cabinet that day I take it?<br />
Mr. Bowler:I'm not too su<strong>re</strong>. You know the<strong>re</strong> was discussion been going on for weeks<br />
befo<strong>re</strong>. You know as your tapes show the issue was around for some time. I had<br />
meetings with Shelia McHale, the P<strong>re</strong>mier and Alannah MacTiernan. Not so - you know,<br />
<strong>CCC</strong> Hearing with John Bowler p15/23
formal meetings - well, the<strong>re</strong> was one formal meeting but - and discussions as well maybe<br />
as we passed in Parliament House and things like that.<br />
Mr. Hall: You obviously app<strong>re</strong>ciate, as you've told us befo<strong>re</strong>, that this decision was a very<br />
important one for <strong>FMG</strong>, they obviously wanted to know whether they could get their<br />
railway line through Woodstock/Abydos or not?<br />
Mr. Bowler:Yep.<br />
Mr. Hall: The announcement of this decision wasn't in fact made for several weeks<br />
the<strong>re</strong>after. It was announced by the minister for indigenous affairs on 13 July 2006?<br />
Mr. Bowler:Yep.<br />
Mr. Hall: In the interim the minister for indigenous affairs in fact asked for further<br />
information befo<strong>re</strong> she made her decision. Did you know that?<br />
Mr. Bowler:That's cor<strong>re</strong>ct, yeah.<br />
Mr. Hall: Didn't you think that you we<strong>re</strong> providing he<strong>re</strong> some confidential information in<br />
<strong>re</strong>gards to what indications the minister for indigenous affairs had given to you, that is<br />
that she would now overturn the ACMC decision?<br />
Mr. Bowler:No, it was a general sentiment I - I was probably being p<strong>re</strong>sumptuous in<br />
saying it was definitely going to happen but it was a feeling I felt was going to happen and a<br />
feeling within, you know, that small group of people I just mentioned befo<strong>re</strong> was that if,<br />
you know, the<strong>re</strong>'s - if the<strong>re</strong> as - we don't have access this way, we will have to try and<br />
find another way because so much of Woodstock/Abydos isn't <strong>re</strong>al genuine heritage<br />
a<strong>re</strong>as. As I say, it was just two sheep stations decla<strong>re</strong>d and we just have to find another<br />
route, if we had to do that then we would do it.<br />
Mr. Hall: But the point is, Mr. Bowler, that - - -?<br />
Mr. Bowler:No, in answer to your question I know I - that was discussions that have been<br />
going on growing for - and I had had an imp<strong>re</strong>ssion now for several weeks and Shelia<br />
didn't - she took some time after that to make the final announcement but she was still<br />
working on it and I was - - -<br />
Mr. Hall: That's the point I'm making, that for any outside observer the appearance would<br />
be that the minister for indigenous affairs was still going through a process of <strong>re</strong>aching a<br />
decision - - -?<br />
Mr. Bowler:And she was. In fairness to her I think she was. That's the process she went<br />
through. I felt confident that she would, what I believed, make the right decision.<br />
Mr. Hall: But you we<strong>re</strong> saying mo<strong>re</strong> than that. It wasn't just, "I'm confident that she<br />
would make this decision," you we<strong>re</strong> saying to them, "Shelia understands that they, that is<br />
the ACMC have to say that, and she will now overturn it." She will overturn the ACMC<br />
decision you said?<br />
<strong>CCC</strong> Hearing with John Bowler p16/23
Mr. Bowler:That's right. That was the indications that we<strong>re</strong> given to me.<br />
Mr. Hall: Well, they turned out to be right, that was the decision made?<br />
Mr. Bowler:Very good decision too.<br />
Mr. Hall: I'm su<strong>re</strong> you would think so but you we<strong>re</strong> giving them a heads up on this well<br />
befo<strong>re</strong> it became public?<br />
Mr. Bowler:<strong>FMG</strong>?<br />
Yes?<br />
Mr. Bowler:Well, it still had to be finally ticked off but in the planning aspect the<strong>re</strong> was<br />
two possibilities for two routes and if they didn't get that route then they we<strong>re</strong> going to<br />
have to start work on planning another one. This was costing them millions of dollars a<br />
day, not tens of thousands or hund<strong>re</strong>ds of thousands, this was costing them millions of<br />
dollars a day according to them and if they looked like being - not going ahead on that<br />
route then they would start planning the other route which was far mo<strong>re</strong> expensive in a<br />
capital sense and would have been far mo<strong>re</strong> expensive in an operational sense because it<br />
would have been a big diversion around some major canyons in that part of the Pilbara.<br />
Mr. Hall: On the 24th of - - -?<br />
Mr. Bowler:So I was - it was an indication to the company that it should be right in the<br />
way we'<strong>re</strong> going, don't start planning the other route.<br />
Mr. Hall: On 24 June you had a conversation with Mr. Grill, so this is just a few days after<br />
the lunch meeting, 809, if we could listen to that.<br />
Start of TI transcript, exhibit 809<br />
GRILL: Now the other thing was uhm, uhm <strong>FMG</strong>. Uhm, has Sheila gone back on her<br />
commitment to uhm, <strong>re</strong>ject that <strong>re</strong>commendation from the ACMC? She’s certainly<br />
written a letter, first of all she rang uh up uh And<strong>re</strong>w and said she was going to overrule<br />
them. Then she rang back and said uh, uhm, uh she didn’t know whether she was or<br />
whether she wasn’t and she’s written a letter asking for mo<strong>re</strong> information. We<strong>re</strong> you<br />
awa<strong>re</strong> of that?<br />
BOWLER: Uh about the sites?<br />
GRILL: Yeah about going through Woodstock and uh Abydos.<br />
BOWLER: Abydos. Well I think she wants she wants assurances, you know about that uh<br />
cent<strong>re</strong> line that uhm you know that the the rail won’t impact upon sac<strong>re</strong>d sites.<br />
GRILL: Yeah it goes beyond that.<br />
<strong>CCC</strong> Hearing with John Bowler p17/23
BOWLER: ... And<strong>re</strong>w can do that, don’t he, can’t he?<br />
GRILL: Yeah but it goes, ah yeah yeah of course he can. But it goes beyond that. I mean<br />
the main thrust of the letter that was sent, uhm <strong>re</strong>ally goes back to this question of<br />
consultation, and uh says you know uh, uh you say the<strong>re</strong>’s been thorough consultation<br />
and that uh, you know the g<strong>re</strong>at majority of the community ag<strong>re</strong>ed to uh, uh to the<br />
proposition you put forward but did they <strong>re</strong>ally understand it? Uhm, and what evidence<br />
have you got that they <strong>re</strong>ally understood it, uh et cetera. So uhm, you know she’s going<br />
to all the fundamental objections, uh that the ACMC th<strong>re</strong>w up uhm, to the proposition in<br />
the first place. I mean is she, I mean she makes, she makes herself look stupid because she<br />
rings up and tells And<strong>re</strong>w it’s gunna go ahead. I tell And<strong>re</strong>w that it’s likely to go ahead on<br />
the basis of what you tell me and your discussions with uh, with uh Alan Carpenter. And<br />
then he gets another phone call which count- sort of countermands it and then he gets<br />
this letter. I mean, uh, it makes us all look a bit lacking in c<strong>re</strong>dibility.<br />
BOWLER: Can uhm, I, you know can you get uhm And<strong>re</strong>w to give me a copy of that<br />
letter?<br />
GRILL: So, uh I’ll send you a c- ah no it shouldn’t come from me should it? Okay I’ll get a<br />
copy of that letter sent to you.<br />
End of TI transcript, exhibit 809<br />
Mr. Hall: Did you get a copy of that letter?<br />
Mr. Bowler:I can't <strong>re</strong>call.<br />
Mr. Hall: Do you <strong>re</strong>call speaking to Ms McHale about whether was any change in her<br />
view?<br />
Mr. Bowler:She hadn't changed her view, she just wanted mo<strong>re</strong> time to consider it and<br />
look at various matters.<br />
Mr. Hall: When you say she hadn't changed her view then I take it that what you had told<br />
Mr. Grill on the 19th still stood?<br />
Mr. Bowler:I thought that would be the case but I was becoming, about that time, a bit<br />
less su<strong>re</strong>.<br />
Mr. Hall: Now, on 10 July 2006, you had a long conversation with Mr. Grill. Can we listen<br />
firstly to 880. Just an early part of that call?<br />
Mr. Bowler:When was that p<strong>re</strong>vious one?<br />
Mr. Hall: The p<strong>re</strong>vious one, the one I just played you was the 24th of June. This is the<br />
10th - - -?<br />
Mr. Bowler:And now we'<strong>re</strong> going to the 10th of July?<br />
<strong>CCC</strong> Hearing with John Bowler p18/23
Mr. Hall: 10 July.<br />
Start of TI transcript, exhibit 880<br />
GRILL: Thanks for all the work you did on <strong>FMG</strong>. Uh Sheila, uh seems to have ag<strong>re</strong>ed to<br />
most of that now.<br />
BOWLER: Uhm you know that she’s approved uhm uh a lease through Woodstock?<br />
GRILL: Yeah that’s what I’m getting at.<br />
BOWLER: Yeah yeah<br />
GRILL: Yeah.<br />
BOWLER: Oh okay yep yep yep.<br />
GRILL: Yeah.<br />
BOWLER: (coughs)<br />
GRILL: So uh, did she take it to Cabinet?<br />
BOWLER: ’cause you know she’s just a you know she sort of announced you know, oh<br />
you know, I’m not gunna have any uhm rock art destr, you know uh <strong>Aboriginal</strong> art<br />
destroyed through Woodstock-Abydos, Carps and I looked at each other and I thought<br />
fuck she said but you know, you know that doesn’t mean it can’t go ahead and you know,<br />
I thought well shit you know we always knew that it was never gunna destroy any, you<br />
know, I suppose it’s the language she uses that you know she can, come out<br />
GRILL: Ah.<br />
BOWLER: and safely you know say that you know.<br />
GRILL: No you’<strong>re</strong> right. She w uh she I know from internally within her own department,<br />
that uhm she’s sort of counting it as a big win.<br />
End of TI transcript, exhibit 880<br />
Mr. Hall: Later in the same call - 881, please.<br />
Start of TI transcript, exhibit 881:<br />
BOWLER: Yeah I<br />
GRILL: Anyhow I I I think uh And<strong>re</strong>w will ring you, because uh, you know I’ve told him<br />
that uhm, you we<strong>re</strong> <strong>re</strong>sponsible for getting uh, Alan to put a bit of p<strong>re</strong>ssu<strong>re</strong> on uh on uh,<br />
on Sheila to come up with the right sort of answer.<br />
<strong>CCC</strong> Hearing with John Bowler p19/23
BOWLER: Yeah.<br />
GRILL: So he’ll give you a buzz.<br />
BOWLER: Okay mate.<br />
GRILL: So he’ll thank you for that.<br />
BOWLER: Yeah, no worries.<br />
End of TI transcript, exhibit 881.<br />
THE WITNESS: Mr Commissioner, can I just say once again it's bit of like a Brian Burke<br />
taking c<strong>re</strong>dit - the c<strong>re</strong>dit whe<strong>re</strong> c<strong>re</strong>dit wasn't due.<br />
The Commissioner: Understood?<br />
Mr. Bowler:I think lobbyists in general do that. This pair did it in spades.<br />
The Commissioner: I understand what you a<strong>re</strong> saying.<br />
Mr. Hall: Was the<strong>re</strong> any <strong>re</strong>ason why Mr For<strong>re</strong>st should feel grateful to you?<br />
Mr. Bowler:I'd been trying to help him with the whole - the whole issue. If he wants to<br />
ring me up and say thanks he can but he doesn't have to, I see it as my job.<br />
Mr. Hall: Did you not see that on this occasion whether you thought your job coincided<br />
with what Mr. Grill wanted, you we<strong>re</strong> in fact providing assistance to Mr. Grill both by way<br />
of information and in a willingness to make approaches to your Cabinet colleagues and<br />
p<strong>re</strong>sent his views. You we<strong>re</strong> becoming an extension of his lobbying business?<br />
Mr. Bowler:No, I don't. My - as a minister for <strong>re</strong>sources it is my job to help mining<br />
companies and if he's <strong>re</strong>p<strong>re</strong>senting the biggest single new project in the state what am I<br />
going to do, not help him? Not talk to my ministerial colleagues whe<strong>re</strong> processes may be<br />
in place or I believed taking too long or not happening? And if I can help in that process<br />
I'll do it and I'm proud of what I did.<br />
Mr. Hall: Commissioner, the<strong>re</strong>'s one or two matters that I want to put to Mr. Bowler.<br />
I'm nearly finished but I wonder if I could have a short adjournment?<br />
The Commissioner: Certainly. We will have a very short adjournment until 3 o'clock on<br />
that clock.<br />
[ADJOURNMENT]<br />
The Commissioner: Mr Urquhart - I'm sorry, Mr. Hall.<br />
Mr. Hall: Yes, Commissioner. I just have one <strong>re</strong>maining matter to ask Mr. Bowler about.<br />
<strong>CCC</strong> Hearing with John Bowler p20/23
Mr. Bowler, in <strong>re</strong>lation to your dealings with Mr. Burke and Mr. Grill, we<strong>re</strong> they ever able<br />
to be of assistance to you, do anything of value for you?<br />
Mr. Bowler:The<strong>re</strong> was those donations to my campaign befo<strong>re</strong> I became a minister.<br />
Mr. Hall: Certainly?<br />
Mr. Bowler:And nothing else that I can <strong>re</strong>call.<br />
Mr. Hall: All right. You <strong>re</strong>call the rail strike, the strike on the Perth to Mandurah rail?<br />
Mr. Bowler:On the tunnel?<br />
Mr. Hall: Yes?<br />
Mr. Bowler:Yep, okay. Yep.<br />
Mr. Hall: Did Mr. Burke provide any help, anything of benefit to you in that <strong>re</strong>gard?<br />
Mr. Bowler:I can't <strong>re</strong>call. I know I spoke to Kevin Reynolds, he was away, to try and have<br />
the matter settled. I was the Minister for Employment Protection and if I could have the<br />
dispute settled quickly, that would be good.<br />
Mr. Hall: Yes. Did you play a role in that in the end?<br />
Mr. Bowler:In the end, no.<br />
Mr. Hall: Was the<strong>re</strong> some suggestion that you could?<br />
Mr. Bowler:It was settled. I think it was settled befo<strong>re</strong>. No, I didn't play a role. The<strong>re</strong><br />
was some suggestion that if it went on, I was p<strong>re</strong>pa<strong>re</strong>d to go and play a part but it never<br />
got to that.<br />
Mr. Hall: Can I suggest to you that Mr. Burke spoke to you about him being able to<br />
achieve a <strong>re</strong>solution of that strike and he could ensu<strong>re</strong> that you we<strong>re</strong> in a position to<br />
<strong>re</strong>ceive c<strong>re</strong>dit for that <strong>re</strong>solution?<br />
Mr. Bowler:I'm not surprised he would make that claim.<br />
Mr. Hall: Well, he made it to you?<br />
Mr. Bowler:Okay. I can't <strong>re</strong>member it but - - -<br />
Mr. Hall: All right. Can we listen to 911 please? This is on 2 March 2006.<br />
Start of TI transcript, exhibit T911:<br />
BOWLER: Oh yeah this, this strike I err just think that us doing nothing looks like that<br />
we’<strong>re</strong> you know at the end of the day people can’t don’t give a stuff or don’t ca<strong>re</strong> or<br />
<strong>CCC</strong> Hearing with John Bowler p21/23
don’t know what what’s the diffe<strong>re</strong>nce between State and Federal uhm legislation uhm all<br />
they know is that it’s we’<strong>re</strong> the government, it’s a government project and we’<strong>re</strong> doing<br />
nothing.<br />
BURKE: Do you want me to try do something about it?<br />
BOWLER: try and intervene, I know these, blokes guys have voted to go out again ....<br />
BURKE: Till next Wednesday.<br />
BOWLER: at least offer until, offer to say ....<br />
BURKE: what about, what about if you a<strong>re</strong> to intervene<br />
BOWLER: hey?<br />
BURKE: and what about if you whe<strong>re</strong> to err, err intervene, offer to meet them and they<br />
ag<strong>re</strong>e to go back to work on Monday?<br />
BOWLER: Well I I’m, I’m going to make the offer and look if the company and the Union<br />
want me to be involved I’ll be involved.<br />
BURKE: Okay well why don’t you just, why don’t you just wait until you <strong>re</strong>ceive a call<br />
from the Union? See<br />
BOWLER: I, I that’s<br />
BURKE: I think Kevin’s in Sydney that’s the trouble.<br />
BOWLER: I’ve got that suggestion going up to Carpenter this morning.<br />
BURKE: Have you?<br />
BOWLER: Uhm you I can’t do something like this, you know, practically after Alannah<br />
sort of stone walled it for the last week.<br />
BURKE: Mate Alannah’s been the whole trouble.<br />
BOWLER: Yeah. Oh<br />
BURKE: the, well when I say the whole trouble you know what I mean.<br />
BOWLER: Yep.<br />
BURKE: it all goes back to how Kobelke handled everything but in, anyway listen the<br />
blokes that met this morning they’<strong>re</strong> out until next Wednesday. What did you<br />
BOWLER: Brian stop, this has got the makings of destroying the, I think Leighton want<br />
this to happen.<br />
<strong>CCC</strong> Hearing with John Bowler p22/23
BURKE: Yeah okay but uhm what I’m saying I’ll fix it but I, I’m just asking you if they went<br />
back to work on Friday as your <strong>re</strong>sult of your intervention would that be satisfactory?<br />
BOWLER: Oh I think everyone would be happy.<br />
End of TI transcript, exhibit T911.<br />
Mr. Hall: Did you think that was something Mr. Burke was able to achieve?<br />
Mr. Bowler:Well, he's a friend of Kevin Reynolds. The message I'd got befo<strong>re</strong> that call<br />
was that because Reynolds was away, the situation had <strong>re</strong>ached whe<strong>re</strong> it was. If he had<br />
been the<strong>re</strong> - the union officials at the time - I forget their names - didn't have quite the<br />
clout with the workers but if Reynolds was the<strong>re</strong> saying, "Look, let's go back to work," it<br />
would happen. Obviously, Brian Burke had<br />
got information that Kevin Reynolds was on his way back and he was then going to try<br />
and take c<strong>re</strong>dit for, you know, saying, "I can fix this," when <strong>re</strong>ality was once Kevin<br />
Reynolds got back it was going to be fixed anyway.<br />
Mr. Hall: All right, but what he was saying was that you would in fact get the c<strong>re</strong>dit for it?<br />
Mr. Bowler:He was suggesting that.<br />
Mr. Hall: Is that something he has been able to deliver to you in the past?<br />
Mr. Bowler:Not that I can <strong>re</strong>call, certainly hasn't done it in the last month.<br />
Mr. Hall: All right. Thank you, Mr. Bowler.<br />
END OF EXTRACT<br />
<strong>CCC</strong> Hearing with John Bowler p23/23