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DPI Inquiry Public Hearing (Abraham ROUFAIL, William BURROWS)

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_____<br />

CORRUPTION AND CRIME COMMISSION<br />

OF WESTERN AUSTRALIA<br />

COMMISSIONER ROBERTS-SMITH<br />

TRANSCRIPT OF PROCEEDINGS<br />

AT PERTH ON WEDNESDAY, 18 FEBRUARY 2009, AT 2.10 PM<br />

Continued from 17/2/09<br />

Counsel assisting:<br />

MR B.E.F. TOOKER<br />

MS H.V.C. STAMP<br />

18/2/09 491<br />

(s&c)


52/2/sjr<br />

THE COMMISSIONER: Just before we continue there is one<br />

administrative matter that I would like to deal with.<br />

According to the Commission's standard practice the<br />

transcript of this public hearing, as I indicated earlier,<br />

is being placed on the Commission's web site as it becomes<br />

available. Last night at 7 pm the transcript of yesterday<br />

afternoon's session was placed on the web site.<br />

Unfortunately, a telephone intercept call was inserted into<br />

the transcript incorrectly. I should stress that the<br />

telephone intercept call that was published as part of the<br />

transcript was in fact the call previously played at the<br />

public hearing in January. This fault was detected this<br />

morning and the transcript taken down at 8 am. The error<br />

has now been rectified and the transcript of yesterday<br />

afternoon's session was placed back on the Commission's<br />

web site at 10.30 am this morning. I emphasise that there<br />

was no undisclosed or no unauthorised disclosure of<br />

telephone intercept material that had not publicly been<br />

disclosed at all. It was simply the insertion of an<br />

incorrect telephone intercept conversation at the wrong<br />

place in the transcript and that has now been corrected.<br />

Thank you. Now, Mr Roufail, you are still on your former<br />

oath, you understand that?---That's correct.<br />

I remind you that your evidence must be truthful, that it<br />

is an offence and also potentially a contempt of the<br />

Commission, which is punishable as a contempt of the<br />

Supreme Court to give false or misleading evidence. Do you<br />

understand that?---That's correct.<br />

Yes, all right, very well. Yes, Mr Tooker.<br />

TOOKER, MR:<br />

Thank you, Commissioner.<br />

Mr Roufail, I want to play you another telephone call now.<br />

It's CCC bar code T2165. Again, it's your daughter Susan<br />

talking to Coralie Raphael.<br />

Start of TI transcript, exhibit number T2165.<br />

C RAPHAEL:<br />

S JABBOUR:<br />

C RAPHAEL:<br />

Hello.<br />

Hi. I was at the pits<br />

Yeah.<br />

18/2/09 <strong>ROUFAIL</strong>, A.M. XN 492<br />

2.10<br />

Spark & Cannon


52/3/sjr<br />

S JABBOUR:<br />

C RAPHAEL:<br />

S JABBOUR:<br />

C RAPHAEL:<br />

S JABBOUR:<br />

C RAPHAEL:<br />

S JABBOUR:<br />

C RAPHAEL:<br />

S JABBOUR:<br />

C RAPHAEL:<br />

S JABBOUR:<br />

C RAPHAEL:<br />

S JABBOUR:<br />

C RAPHAEL:<br />

S JABBOUR:<br />

now I’ve (word inaudible) a third<br />

guy. Uhm I’ve he only did one car<br />

for me once before and sec I ent up<br />

to him today I had no car with me I<br />

said can you do me a favour I said<br />

I’ve got this, this, this, that I<br />

go yep takes it and does it. Anyway<br />

while I’m sitting I’m I’m pretty<br />

happy with myself so … comes up and<br />

hits me in the bum with a clipboard<br />

Who did?<br />

John one of the other you know John<br />

the one that’s been helping us.<br />

Right.<br />

He’s back here now so we’re back on<br />

track. So what does that mean he’s<br />

gonna keep doin’ ‘em for me<br />

(laughs)<br />

Mm.<br />

And Billy was there and Billy sort<br />

of stood around waiting for me to<br />

ask him that’s Billy’s number four.<br />

Billy helped Dad but I’m not gonna<br />

get Billy involved with with him<br />

because I’ve got three now and<br />

Billy helps Dad so I’ll let Dad do<br />

it for him.<br />

Yeah but your father’s not doing it<br />

anymore is he?<br />

Yeah he does he did two today.<br />

Oh did he? Yeah but what what<br />

happened with uhm the the result?<br />

I don’t know I have to ring up Mum<br />

this afternoon she’s gonna know.<br />

Oh this afternoon ‘cause ah yeah.<br />

But<br />

Alright.<br />

…I can easily get Billy because<br />

he’s done it for me in the past.<br />

End of TI transcript.<br />

18/2/09 <strong>ROUFAIL</strong>, A.M. XN 493<br />

Spark & Cannon


52/4/sjr<br />

TOOKER, MR: Is it true that Billy helped you?---Billy<br />

helped me if car a hundred per cent right, otherwise he<br />

won't help me.<br />

So if you guaranteed to Billy that a car was a<br />

hundred per cent right, would he help you?---He help me if<br />

a car a hundred per cent right. I won't even take it to<br />

him unless it be a hundred per cent.<br />

And if you told him that it was a hundred per cent right,<br />

would he not have to see the car?---No, I always take the<br />

car to see it.<br />

That's not exactly true, because we have seen - - -?---I<br />

know, but this is - that's how it was.<br />

Did he help you out by passing cars without seeing them?<br />

---Not really. The only car he pass, are car which has<br />

done lower kilometre. All the car need work and being old<br />

car you have to take it there.<br />

Sure, so you took the old cars to the pits?---No, all late<br />

model, all got any complain, all late model car.<br />

18/2/09 <strong>ROUFAIL</strong>, A.M. XN 494<br />

Spark & Cannon


53/5/glj<br />

Is it the case that with new cars sometimes you didn't take<br />

them to the pits and he just took your word for it?---Yeah,<br />

the car a new car which has only done 20,000 kilometre.<br />

Only six months old.<br />

So if it was new - - -?---Yeah?<br />

- - - is it the case that sometimes you wouldn't take those<br />

cars to the pits?---No. Because a new car.<br />

Yes, and Billy would pass them anyway. Right?---He pass<br />

them and when I give him all the detail, the proper detail.<br />

The old car and new car come from Eastern State. Demo car<br />

from Newtown Toyota. That's only car he did pass.<br />

Yes; and so it was just like the green Mitsubishi ute: he<br />

would just take the paperwork - - -?---No, the green<br />

Mitsubishi ute is old car. Not a new car.<br />

Yes, but - - -?---But he took my word with the replace of<br />

tyres.<br />

Yes, so he took your word with the new cars just like he<br />

took your word with the green ute. Right?---He took my -<br />

yeah, that's correct; yeah.<br />

How many cars do you think he passed on your word alone?---I<br />

don't recall how many car.<br />

Is that because it's lots?---Pardon?<br />

Were there lots?---I couldn't understand what you say. I<br />

couldn't hear you.<br />

Lots. L-o-t-s?---Lot? Lot.<br />

THE COMMISSIONER:<br />

no; no.<br />

Were there lots of them?---Not a lot,<br />

Were there many cars?---No, not a lot; no. Not many cars.<br />

TOOKER, MR: How many do you think? How many do you<br />

think?---I don't - I don't record how many but this is<br />

only - only car I take to him with the lower kilometre.<br />

When they go there they take a number, not even check the<br />

car or nothing. I took a number to him. I tell him those<br />

the car, the colour, whole detail, because I been doing it<br />

for 30 years. I know what I'm doing and I take it to him<br />

and that's all he did. He didn't break a law. He didn't<br />

done nothing wrong.<br />

18/2/09 <strong>ROUFAIL</strong>, A.M. XN 495<br />

2.15<br />

Spark & Cannon


53/6/glj<br />

All right, so when you say you take the paper you take the<br />

pit pass?---The pit pass.<br />

Yes?---And I take the - the detail each car.<br />

So the VIN number and all that stuff?---Whole detail,<br />

because this my job. I been doing it for 30 years.<br />

Yes. Are you sure that Billy didn't get anything for<br />

helping you out this way?---Mate, he get nothing out of me.<br />

Why - - -?---No-one, because I never get pay that much money<br />

to give. What I get - I get $50 a car or a hundred dollars<br />

a car. What I - what I going to give him? He doing his<br />

job. He get paid from the government.<br />

Can you help us to understand why he helped you out?---You<br />

know, you're Australian.<br />

Yes?---We're all friendly and that's the life is.<br />

Do you know Peter Howard down at the licensing centre?<br />

---Yeah, Peter Howard. I know Peter Howard.<br />

Yes. Do you get along with him quite well?---I get along<br />

with everyone, my friend.<br />

Has he ever inspected cars for you down at Welshpool?---He -<br />

he inspect car, yeah.<br />

Has he ever inspected cars for you at Eurotyres?---No.<br />

Has he ever passed a car without seeing it for you?---No.<br />

Have you ever given Peter Howard anything?---Never.<br />

Do you know John Piercey?---Pardon?<br />

Do you know John Piercey?---No. I don't know John Piercey.<br />

Do you know Brent Kain?---Brett (sic). I know John and<br />

Brett - Brett Kain; yeah, I know Brett.<br />

Yes? How do you know Brent Kain?---Through work, I do.<br />

18/2/09 <strong>ROUFAIL</strong>, A.M. XN 496<br />

Spark & Cannon


54/7/sjr<br />

At Welshpool?---Welshpool, yeah.<br />

Do you get along well with Brent?---I get along with<br />

everyone.<br />

Has Brent helped you out with cars?---No, and John never<br />

helped with car. He examine every car when I take it, John.<br />

I know with John.<br />

You know John?---Yeah.<br />

He's from Welshpool too?---He just start only - been only<br />

about 12 months in the game there.<br />

Has John ever inspected any cars for you at Eurotyres?---He<br />

inspect car, yeah. He inspect - - -<br />

At Eurotyres?---He inspect ever car and full check.<br />

Just listen carefully. Has John ever inspected cars for you<br />

at Eurotyres?---I never been at Eurotyres when John in.<br />

Has Brent Kain ever inspected cars for you at Eurotyres?<br />

---Yeah. he was in my time.<br />

Has John Piercey inspected cars for you for at Welshpool?<br />

---Yes.<br />

Had Brent Kain inspected cars for you at Welshpool?---Yes.<br />

Has John Piercey ever passed a car for you without seeing<br />

the vehicle?---No.<br />

Had Brent Kain ever passed a vehicle for you without seeing<br />

the car?---No way, no.<br />

Have you ever given John Piercey anything?---No.<br />

Have you ever given Brent Kain anything?---Nothing.<br />

So is it your evidence - I will withdraw that. Are there<br />

any other examiners who have passed cars for you without<br />

seeing the car?---No-one.<br />

Just Bill?---Just Bill done one, those car late-model car.<br />

I used to take brand-new Mercedes and he look the car,<br />

brand-new car, that don't need to check it for Autostrada.<br />

I take all the car for Autostrada, brand-new BMW, brand-new<br />

Mercedes, why do you need to examine it?<br />

Do you know George Raphael?---Yeah, he's my nephew.<br />

18/2/09 <strong>ROUFAIL</strong>, A.M. XN 497<br />

2.19<br />

Spark & Cannon


54/8/sjr<br />

Do you know if George is involved in licensing cars?<br />

---That's his business, not to do with me what he does,<br />

that's his business.<br />

Yes, but do you know whether he does that or not?---No, I<br />

don't know.<br />

Have you ever used him to pass cars?---No. I don't know<br />

what he doing.<br />

Do you know who he uses to pass cars?---I know Barry,<br />

because he was in Kelmscott and I book car and I go to<br />

Kelmscott. They do the car for DVG.<br />

Who told you about Barry?---Well, I heard it on the TV now,<br />

but before he never help with even one item. The car got a<br />

light not working, he used to reject it for me, for DVG.<br />

THE COMMISSIONER:<br />

Who did?---Barry.<br />

TOOKER, MR: You said that you would sometimes take cars to<br />

Barry at Kelmscott?---Yeah, Kelmscott station, yeah, book,<br />

DVG they book all the car. We take them up there.<br />

Who told you to go and see Barry?---No-one told me to see<br />

Barry. Whenever examine - I come, he check the car,<br />

sometime Barry, sometime Paul, somebody else, Peter,<br />

everyone there.<br />

Why did you go to Kelmscott?---Because DVG in Maddington.<br />

So you're saying it was closer to the cars that you were<br />

looking after?---Still even now.<br />

Would Barry Tanner help you out in the same way that Bill<br />

Burrows did?---No. Have nothing to do with them.<br />

18/2/09 <strong>ROUFAIL</strong>, A.M. XN 498<br />

Spark & Cannon


55/9/glj<br />

Would Barry Tanner always conduct an actual inspection on<br />

the vehicles?---Yeah, every vehicle inspected; yeah.<br />

So even to this day you are still passing cars over the<br />

pits, Mr Roufail?---Pardon?<br />

Even today you are still passing cars over the pits?---I<br />

still take car over the pit.<br />

Yes. In the last year have you been passing cars for Susan<br />

as well?---I did maybe two or three cars for her. She was<br />

sick and I take a car, help her with it.<br />

How much did she pay you?---Hundred dollars.<br />

Was that just for your time, for lining up down at the<br />

centre?---To line up. I help my daughter.<br />

When you helped your daughter out did you actually get in<br />

the line and wait or did you just go and see your friend,<br />

Bill Burrows?---I wait like everybody else.<br />

You have been in this game for 30 years of passing over the<br />

pits. Do you know anyone else who is involved in that<br />

industry, who does that?---No. Nothing happen till - till<br />

two years ago when the trouble started and people line up.<br />

I used to go 4.30 in the morning, wait to get - my line;<br />

and so busy, you know, not many people to do the work.<br />

That's why the people - that's why examiner tried to help<br />

the people because they get abuse and frustrated to people<br />

outside there waiting to get their car examination.<br />

So when did it start that you would just give the paperwork<br />

to Bill Burrows?---No, the only - only last - the last year<br />

and a bit because the people couldn't wait any more.<br />

And before that?---Before that was everything straight.<br />

I have no further questions for this witness, Commissioner.<br />

THE COMMISSIONER: Yes, very well. Thank you, Mr Tooker.<br />

Mr Roufail, I am not going to release you from your summons<br />

yet but in a moment you will be able to leave. It is<br />

probably the case that you will not have to come back, but<br />

just in case I will not release you from your summons. It<br />

may be that counsel assisting will have some further<br />

questions later on, depending upon what other witnesses may<br />

say, or it also may be the case that counsel representing<br />

other witnesses may want to ask you some questions in<br />

relation their clients; but we will let you know one way or<br />

the other whether you are required to come back or not. If<br />

you are required you will be required to attend here again<br />

at the time that we nominate, which we will discuss with<br />

you in due course, but we will let you know one way or the<br />

18/2/09 <strong>ROUFAIL</strong>, A.M. XN 499<br />

2.23<br />

Spark & Cannon


55/10/glj<br />

other. Do you understand?---I will do so. If I'm fit,<br />

then I come.<br />

Yes, very well. Thank you for that?---Thanks.<br />

You are now excused for the time being?---Okay, thank you<br />

very much.<br />

(THE WITNESS WITHDREW)<br />

THE COMMISSIONER:<br />

Mr Tooker?<br />

TOOKER, MR: Thank you, Commissioner. I call <strong>William</strong><br />

Brian Burrows.<br />

<strong>BURROWS</strong>, WILLIAM BRIAN called:<br />

THE COMMISSIONER: Just be seated for the moment,<br />

Mr Burrows. Yes, Mr Karstaedt?<br />

KARSTAEDT, MR: Commissioner, I ask for leave to appear on<br />

behalf of Mr Burrows.<br />

THE COMMISSIONER:<br />

KARSTAEDT, MR:<br />

Yes, you have that leave. Thank you.<br />

Thank you.<br />

THE COMMISSIONER: Mr Burrows, by section 138 of the act,<br />

before conducting an examination of you for the purposes of<br />

an investigation under the Corruption and Crime Commission<br />

Act I am required to inform you of the general scope and<br />

purpose of the investigation unless in the circumstances I<br />

do not think it desirable to do so.<br />

18/2/09 <strong>ROUFAIL</strong>, A.M. XN 500<br />

<strong>BURROWS</strong>, W.B. XN<br />

Spark & Cannon


56/11/rds<br />

I do consider that you should be informed of that and so I<br />

advise you that the general scope and purpose of the<br />

investigation is to determine if any public officer<br />

employed by the Department for Planning and Infrastructure<br />

has, is or may have engaged in misconduct in relation to<br />

the inspection, licensing and registration of motor<br />

vehicles or in any other function in their capacity as a<br />

public officer. Before your examination begins I will<br />

require you to take an oath or affirmation to tell the<br />

truth. Which would you prefer?---The oath.<br />

Thank you. Would you please stand then and take the oath?<br />

<strong>BURROWS</strong>, WILLIAM BRIAN sworn:<br />

THE COMMISSIONER: Very well, thank you. Please be<br />

seated. I will now tell you of your rights and obligations<br />

under the Corruption and Crime Commission Act. The act<br />

says that if you fail to answer any question relevant to<br />

the investigation that I require you to answer, you will be<br />

in contempt of the Commission. A contempt of the<br />

Commission is punishable as a contempt of the Supreme<br />

Court. You are not excused from the requirement to answer<br />

the question on the ground that the answer might<br />

incriminate or tend to incriminate you or render you liable<br />

to a penalty. When Mr Tooker asks you a question, he will<br />

be doing so on my behalf and you must answer. If I take<br />

the view that the question is not relevant or not<br />

appropriate, I will intervene. In the absence of that<br />

intervention, however, you must answer the question. I may<br />

ask you some questions myself in the course of the<br />

examination but for the most part the questions will be<br />

asked by Mr Tooker. However, the Corruption and Crime<br />

Commission Act provides protection for you in the following<br />

way: anything you say in your evidence here is not<br />

admissible and cannot be used in evidence against you in<br />

any criminal prosecution or proceedings against you for the<br />

imposition of a penalty. There are really only three<br />

exceptions to that. In your case the only circumstances in<br />

which what you say here can be used against you are (1)<br />

where you are charged with contempt of the Commission, as I<br />

have indicated, (2) where you are charged with an offence<br />

against the Corruption and Crime Commission Act, such as<br />

giving false or misleading evidence in this hearing, or (3)<br />

in disciplinary action against you. What you say here<br />

cannot be used as evidence against you in any prosecution<br />

for any other criminal offence. However, if you give<br />

evidence later in any civil or criminal proceeding which is<br />

not the same as what you say here, evidence may then be<br />

given of what you did say here. You must tell the truth<br />

here. You must give truthful answers to the questions<br />

asked of you and you have promised to do that by taking the<br />

oath. If you do give false or misleading evidence, you may<br />

be committing a crime under the Corruption and Crime<br />

Commission Act and the maximum penalty for giving false or<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 501<br />

2.27<br />

Spark & Cannon


56/12/rds<br />

misleading evidence to the Commission is a fine of $100,000<br />

and five years' imprisonment. Do you understand all of<br />

that?---Yes.<br />

Thank you, very well. Yes, Mr Tooker?<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 502<br />

Spark & Cannon


57/13/glj<br />

TOOKER, MR:<br />

Thank you, Commissioner.<br />

Mr Burrows, I understand that you have been sitting in the<br />

back of the hearing room. Is that right?---That's correct.<br />

So you would have heard the evidence of Mr Roufail. Is<br />

that right?---Yes.<br />

Okay. We are going to get to that in a minute, all right,<br />

but first I need to ask you some preliminary questions. Do<br />

you understand?---Yes.<br />

All right. I understand that you are an authorised vehicle<br />

examiner at <strong>DPI</strong>. Is that right?---Yes.<br />

And your examiner number is 224. Is that right?---Yes.<br />

How long have you worked for <strong>DPI</strong>?---Nearly nine years.<br />

Eight and a half years.<br />

Until recently I understand you were working at Welshpool<br />

licensing centre?---Most of the time, yes.<br />

So was that your permanent placement?---Yes.<br />

Until recently?---Yes.<br />

At Welshpool, and - - -?---But we do get moved from place<br />

to place from time to time.<br />

Yes. Did you work anywhere other than Welshpool - and I<br />

mean on a sort of permanent basis?---Over what period of<br />

time?<br />

Over those eight and a half years. Has it always been<br />

Welshpool?---No; no, I've worked at Midland, Kelmscott,<br />

O'Connor, East Perth and Welshpool.<br />

How long have you been working at Welshpool for?---Well,<br />

off and on for the last eight and a half years.<br />

In December of 08 were you working at Welshpool?---Yes.<br />

Yes; and you were working Monday to Friday at Welshpool?<br />

---Yes.<br />

Basically?---Yeah.<br />

How long had you been working at Welshpool prior to that?<br />

---Well, permanently - well, nothing is permanent in our<br />

department but mainly at Welshpool for the last four years;<br />

four, five years.<br />

Do you have some trade qualifications for this job?---Yes,<br />

I'm a motor mechanic.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 503<br />

2.31<br />

Spark & Cannon


57/14/glj<br />

What did you do before you joined <strong>DPI</strong>?---I drove buses for<br />

a few years.<br />

Have you ever been a mechanic in the private industry?<br />

---No. Well, I - yeah, I do part-time mechanicking (sic).<br />

I understand that there's an examination called a full<br />

examination and a minor examination. Is that right?---Yes.<br />

What's involved in a full examination?---Check all the<br />

vehicle details and basically check the lights, brakes,<br />

steering; jack it up, take it for a drive.<br />

When you say jack it up, do you mean get under the<br />

vehicle?---No, you normally do that on the pit. You don't<br />

get under a vehicle on a jack. It's unsafe.<br />

As a part of a full examination do you need to get under<br />

the vehicle?---Yeah, that's why it goes over the pit.<br />

I'm sorry, I just didn't understand you to say that that<br />

was a part of the full examination. It is though, isn't<br />

it?---Yes.<br />

Yes. So what do you mean by "jack it up"?---Well, you jack<br />

the front end up and check the ball joints, all the<br />

suspension parts; and rotate the tyre, check the - if it's<br />

a front-wheel drive vehicle check the constant velocity<br />

joints and just wheel bearings, stuff like that.<br />

What are you looking for when you go into the pit and look<br />

underneath the car?---There's a multitude of things. Check<br />

for, yeah, broken parts, split steering rack boots. Do a<br />

visual inspection of the brake pads if you can get a light<br />

in there. Check your tail shaft joints. Check the body<br />

condition. A number of things. Tyres.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 504<br />

Spark & Cannon


58/15/rds<br />

There's an alternative to that and that would be using a<br />

hoist. Right?---Yes.<br />

What cars need to undergo a full examination?---Well, it's<br />

not just cars. It's most vehicles; all those that are<br />

unlicensed, yellow sticker, green sticker, and some<br />

vehicles from the Eastern State that are transferred that<br />

haven't been in an owner's name for more than 12 months.<br />

Yeah, there's been that many changes lately it's hard to<br />

keep up.<br />

And imported vehicles as well, do they need a full<br />

examination?---Yes; yeah, imported.<br />

What about a minor examination, what's involved there?<br />

---Just check the identity of the vehicle and the tyres.<br />

That's it, is it?---Contrary to the information you were<br />

given before, yeah.<br />

Where does that come from, that that's all you need to do?<br />

---It was in a written instruction. It's called A category<br />

vehicle inspection for vehicles under 60,000 kilometres and<br />

three years of age.<br />

So for vehicles that are three years or under or<br />

60,000 kilometres or under - - -?---Yes.<br />

- - - you can do a minor inspection. Is that right?---Yes.<br />

Are there any other vehicles that you can do minor<br />

inspections on?---Well, we do a lot of - you don't really<br />

call them minor inspections but things like excavators,<br />

bulldozers, skid steers, road rollers, all those type of<br />

equipment that we generally inspect at Welshpool, you just<br />

check the identity, measure it up, check the colour, that<br />

sort of thing. You don't - you don't jack up an excavator<br />

and check the wheel bearings or anything like that.<br />

There's all different types of inspections for different<br />

types of vehicles.<br />

THE COMMISSIONER: Are these all the subject of directives<br />

or instructions from the department?---Well, strictly<br />

speaking we don't have to inspect plant equipment at all.<br />

No. My question is: the various kinds of inspections that<br />

you are talking about, starting with what we have described<br />

as a minor inspection - - -?---Yep.<br />

- - - are the different types of inspections the subject of<br />

directives or instructions or whatever from the<br />

department?---Well - - -<br />

Written ones I mean?---There are all sorts of instructions,<br />

Commissioner, and basically they're all over the place and<br />

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58/16/rds<br />

I've been there nine years and I still don't know half of<br />

what's to be done, how to do it. It's very involved and<br />

there sort of is no direct business rules for us. It's<br />

different instructions for different vehicles. Just like<br />

instructions for disabled permits, you don't have to pay a<br />

fee or anything and then you're supposed to fax through the<br />

information to the medical centre, but half the examiners<br />

don't know that because they've never read the instruction.<br />

They've had no training on it.<br />

Is there an instruction?---There is, yes.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 506<br />

Spark & Cannon


59/17/sjr<br />

Is there a manual?---There's a manual, but that's just -<br />

that's not a like a business rule thing, how to examine a<br />

vehicle, that just basically lays out under different<br />

headings what you can look for in different types of<br />

vehicles.<br />

What you can or what you should look for?---What you should<br />

- well, to be honest I've never read it all. It's pretty<br />

involved.<br />

You have been there eight years. Where did you come from<br />

before that?---I drove buses for a few years and before<br />

that I was in the army.<br />

Yes. When you joined up, did you get any induction<br />

training?---We did two days at O'Connor, where we basically<br />

got shown what an MR1 form was and a work order, but of<br />

course we had no idea what we were doing it was all brand<br />

new to us, and then we were basically farmed out to an<br />

inspection centre and it was just on-the -job training.<br />

There was no formal testing or training. There was - to be<br />

honest, I didn't even do an induction, get shown where the<br />

toilets were. It was that rushed. They were all under the<br />

pump. They needed - when I joined there were six of us<br />

started at the same time. We didn't even have - I didn't<br />

have the right qualifications. They were just desperate to<br />

get examiners.<br />

Were you ever given any documents such as a manual or<br />

instructions--Yeah, from time to time. Yeah, the manual<br />

that I imagine you're talking about - - -<br />

What I'm asking you about?---Is something is the senior<br />

examiner at Welshpool developed and - but that's only over<br />

the last two or three years.<br />

When you say the senior examiner at Welshpool developed it,<br />

was that a manual that was peculiar to Welshpool or was<br />

it - - -?---Originally, yes, and he just - he got - because<br />

he, I don't know, had shown a few other people within the<br />

department he was asked if he could go ahead and make one<br />

for the whole of the department, but that all took time<br />

because there were mistakes in the manual that he had to<br />

correct and, just dates and times, and all sorts of things<br />

changed through the, you know, through the process of the<br />

different laws that are brought out, there's different<br />

lighting requirements and - - -<br />

I suppose things would change over time, wouldn't they,<br />

particularly with changes to regulations and so on?---All<br />

the time, Commissioner.<br />

So how are you kept abreast of those?---Generally, word of<br />

mouth through - look, one vehicle examination centre<br />

wouldn't have a clue what the other one's doing, and the<br />

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59/18/sjr<br />

only reason we used to find out was because we used to get<br />

moved from station to station and you'd say, "No, that's<br />

wrong. That's not how you do it, you've got to do it this<br />

way."<br />

What's the hierarchy within <strong>DPI</strong> so far as vehicle<br />

inspections are concerned? If you have the licensing<br />

centre, the examiners at the licensing centre, who is in<br />

charge there?---Well, it used to be called a senior<br />

examiner, but with the change of times they now call him a<br />

team leader, which means nothing to the general public that<br />

come in and start looking the for person in charge. They<br />

want to see the senior vehicle examiner, and above that it<br />

has been chaos for the last probably four or five years.<br />

We've had different managers, we have had no formal<br />

training or anything.<br />

All right. Sticking with the hierarchy for the moment,<br />

let's talk about what it is at the present time?---Yeah.<br />

After the team leader, that is above the team leader, who<br />

is there?---That's a good question.<br />

I don't necessarily mean in terms of a name, but do you<br />

know the position?---Well, it used to be called the<br />

coordinator.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 508<br />

Spark & Cannon


60/19/glj<br />

Yes?---And then above that it was the manager of vehicle<br />

operations; but what they call them now I've got no idea<br />

because they changed the structure and now a guy - well,<br />

when I was last there it was a fellow called Bruce Moore<br />

and he was in charge of basically all of licensing, but he<br />

didn't know diddly squat about vehicle examinations.<br />

Is there any form of training provided to vehicle<br />

examiners?---The only formal training I've done, I did a<br />

gas course last year at Challenger TAFE.<br />

What was that for?---Gas installation.<br />

What about in terms of training for the way in which you<br />

are supposed to conduct vehicle examinations or report on<br />

them or basically do that job?---That was basically left to<br />

the senior examiner in the - in the licensing centre; but<br />

as you've heard over the last few years, we've been so busy<br />

that we haven't been able to do any training whatsoever.<br />

We've been that busy licensing vehicles we've been - like<br />

people said, people were lining up at 2 o'clock in the<br />

morning just to get over the pits.<br />

What hours did you work, generally speaking?---7.30 till<br />

4.30 and - because we did do some overtime but then there<br />

were restrictions on money so they cut out overtime and<br />

these poor people were just lined up for - one woman I<br />

remember she was there for eight hours and then I had to go<br />

and tell her she couldn't come over the pits. She was<br />

distraught.<br />

So let me just go back to the documentation. What<br />

documentation, if any, do you have access to at Welshpool?<br />

Documentation going to how to conduct examinations, I<br />

mean?---Well - - -<br />

And I include in that access to computer-based information<br />

of course?---Yeah, well, there's another problem we've had:<br />

never had any proper computer training. The manual is now<br />

apparently on a disk but you'll find that the disk is only<br />

compatible to some computers because they haven't got the<br />

right software and so it's a bit of a dog's breakfast.<br />

Do you use the computer much or at all for training<br />

purposes or to learn how you are supposed to do your job?<br />

---If there's a specific topic that we're looking at at the<br />

time, then we'll just go to that specific topic; but we<br />

won't actually scan through the whole manual because<br />

there's just so much in there. Like Australian Design<br />

Rules originally used to be two manuals that were<br />

three-inches thick and basically you had to be an engineer<br />

to understand what they said.<br />

All right, thank you. Yes, Mr Tooker?<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 509<br />

2.43<br />

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60/20/glj<br />

TOOKER, MR:<br />

Thank you, sir.<br />

Mr Burrows, typically how long does it take to do a full<br />

inspection of a vehicle over the pits? From when they<br />

present with their inspection receipt to you handing them<br />

the paperwork at the end after you have done the computer?<br />

---Generally we work on half an hour.<br />

What about a - - -?---That's a car.<br />

Yes?---A heavy - - -<br />

Your standard four-door passenger vehicle?---There's light<br />

vehicles and heavy vehicles.<br />

Yes. I'm talking about four-door standard passenger<br />

vehicles?---Okay, yeah. Light vehicle.<br />

About 30 minutes?---About 30 minutes. That's - that's the<br />

general time given to - at a booking centre to examine a<br />

vehicle.<br />

Sure, but is that how it works generally? It takes you<br />

about half an hour from whoa to go?---Yeah; but, you know,<br />

some vehicles are easier than others and there are<br />

operators that know the procedures so they go through<br />

quicker. You don't have to explain, "Turn the headlights<br />

on and put it on high beam," and then they ask, "Which<br />

ones? How do you do that?" and, you know. If you get a<br />

person that comes over the pits often, which the more<br />

experienced people do, we target them so that - because we<br />

know it's going to make our job easier to examine the<br />

vehicle.<br />

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Spark & Cannon


61/21/sjr<br />

What do you mean you target them?---Well, you just - the<br />

people that come over the pits more often know the<br />

procedure. They know - they drive onto the pit, we don't<br />

have to guide them on, then we don't have to say, "Turn the<br />

engine off, turn the headlights on" and "Try your<br />

right-hand indicator." "You need to turn your ignition<br />

on," all that sort of stuff. If someone comes over the<br />

pits daily, which a lot of the dealers do, they just know<br />

the procedure. They just drive on the pit, flick the<br />

headlights on, try the indicators, high beam, toot the<br />

horn, windscreen wipers, washers, go round the back, check<br />

the tail lights, brake lights, reverse lights. Then you go<br />

underneath, check the steering, it's all done - that<br />

process is done in literally five minutes, and then all<br />

that's required is to jack it up and take it for a drive.<br />

So you're basically - if you've got an experienced<br />

operator, it's over in 10 minutes that process, but then<br />

you've y got to go and do the paperwork.<br />

On average, would you say it takes about 30 minutes for<br />

your standard four-door passenger car for a full<br />

inspection?---That's what I said before.<br />

What about your typical minor examination on a four-door<br />

passenger car. How long does that take?---Five minutes,<br />

max.<br />

With all the paperwork?---Generally, yeah. If it's an<br />

Eastern States one, probably a little bit longer, but if it<br />

has been licensed in Western Australia, five minutes by the<br />

time you - again, if you've got an experienced operator.<br />

So you check the tyres to make sure it's got tread. Is<br />

that basically the position?---That's - yeah.<br />

And the details, why do you need to check the details?<br />

---The vehicle identification, VIN number, engine number<br />

and compliance date.<br />

To make sure it's the actual vehicle that you're dealing<br />

with, not some ghosted car or something like that? Is that<br />

the position--Yeah. Yeah, you check the identity. It's<br />

hard to ghost a vehicle nowadays.<br />

THE COMMISSIONER: Judging by the trade, somebody is doing<br />

it quite well?---Is that right?<br />

Yes.<br />

TOOKER, MR:<br />

Thank you, sir.<br />

<strong>Abraham</strong> Roufail, do you know him?---Yes.<br />

When did you first meet him?---Probably not long after I<br />

started.<br />

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61/22/sjr<br />

Did you get to meet him through Welshpool first?---Yes.<br />

Was he a regular customer through Welshpool back then?<br />

---Yes.<br />

Did you get to know him quite well over the years?---Of<br />

course.<br />

Would you describe him as a friend or not?---Not someone -<br />

just every time he comes in the pits, yeah, he's very<br />

friendly.<br />

He's friendly?---Yeah. I sort of don't go to dinner with<br />

him or anything.<br />

Can you give us some idea of how he operated, how often he<br />

was in there and what kind of character he was?---In the<br />

old days he'd in three or four times a day before the<br />

queues were out the gate. He was always in with vehicles.<br />

That was his job. Sorry, what was the remainder of<br />

that - - -<br />

Yes, just how often he would come in and what kind of a<br />

character he was around the licensing centre?---He was<br />

always - like Abe said, he knew everyone. He'd refer to<br />

people he knew 30 years ago, you know, say, "I saw<br />

so-and-so," you know. Yeah, he's generally very well-known<br />

in the industry.<br />

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Spark & Cannon


62/23/rds<br />

Have you done a lot of examinations for Mr Roufail over the<br />

years?---Lots.<br />

Would you say that you have done more for him than the<br />

others?---Possibly, yeah.<br />

Can you tell us - - -?---Because - - -<br />

Sorry?---Like I said, you know, you get a good operator<br />

that knows what they're doing, it makes your job easier and<br />

you can - and he generally brought in very good vehicles<br />

so, you know, once you become a bit more experienced you<br />

get a bit more thrifty and you make your job easier by<br />

picking people that know what they're doing and - - -<br />

But how do you pick them?---Well, because they come back<br />

all the time. Like there's certain dealers that come in<br />

all the time; John Hughes, Action Motors, Fobus, like all -<br />

we know all of the people from there. Fobus bring in, you<br />

know, Westside - like they used to be WA Auto Auctions but<br />

they changed their name but, you know, the guys - we used<br />

to know the guys. All the time they used to come in; you<br />

know, they'd bring - they'd be down there eight times a<br />

day.<br />

THE COMMISSIONER: I would like to understand how it works<br />

in a practical sense, so let's perhaps go back to the<br />

beginning. We have heard that at Welshpool appointments<br />

cannot be made?---No.<br />

People wanting cars examined or vehicles examined have to<br />

queue. They have to line up?---Yes.<br />

How does it work from that point on, physically?---Well,<br />

there's - when we first start in the morning someone will<br />

open the gate and they all come in and queue up and<br />

then - - -<br />

How many pits are there?---There's three pits and they're<br />

broken down into heavy vehicles, cars and medium-sized<br />

vehicles, but we use two lanes for cars basically and the<br />

other one is heavy vehicles.<br />

Are examiners allocated to individual pits or what?---No,<br />

no, no.<br />

How does that work?---You just go out and select the next<br />

person which is a dog's breakfast again. You call out and<br />

say, "Who's next," and about three hands go up in the air.<br />

What do you do now?<br />

As a vehicle examiner you could be looking at any category<br />

of vehicle over any pit. Is that right?---Yeah. There's<br />

three pits but there's other - there's two other lanes.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 513<br />

2.51<br />

Spark & Cannon


62/24/rds<br />

Yes?---One for trailers and one for new vehicles. So you<br />

can go out and there'd be a selection of five lanes<br />

basically.<br />

So does that still apply though - as a vehicle examiner you<br />

go out and you get the next vehicle in line, in effect, but<br />

you could find yourself then dealing with any type of<br />

vehicle in any of the lanes or over any pit. Is that<br />

right?---That's correct.<br />

Yes, Mr Tooker?<br />

TOOKER, MR:<br />

Thank you, sir.<br />

You have used the word "target" and you have said that you<br />

target these experienced operators. How do you do that?<br />

---Well, you go out and, you know - because you're working<br />

there you know who is in the line, who is - you know,<br />

because they all stand around and chat and you say,<br />

"There's so-and-so," and, "There's so-and-so," and they<br />

also come up and say hello because we've been working, you<br />

know, in partnership for years. They've been coming to the<br />

pits for years and years and years.<br />

So if Abe Roufail was in the line, you would know about it<br />

because he would probably come up and say hello and you<br />

would know he was there?---Yeah. Abe says hello to<br />

everyone.<br />

And so if you knew that an experienced operator like Abe<br />

Roufail was in the line, then you would be looking to get<br />

him next or whatever?---For sure; makes your job easier.<br />

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Spark & Cannon


63/25/glj<br />

THE COMMISSIONER: But if there's a queue how do you<br />

actually pull people out of the queue?---Well, there's -<br />

sometimes there can be eight examiners so, you know,<br />

between six and eight examiners, so the queue sort of -<br />

people don't think it moves fast but on our standard it<br />

does move along pretty well; and you just, you know, Abe's<br />

always anxious to get over the pit anyway so he's always<br />

ready to go, where the other people can be sitting on the<br />

seat on the side and you go out and say, "Who's next?" and<br />

if there's no-one in the car or, you know, they'll be<br />

talking to someone else down the queue; because they're<br />

sitting there for hours, they all basically have a meeting.<br />

TOOKER, MR: So it's not like the cars are lined up behind<br />

each other?---Yeah.<br />

They are?---Yeah, but - - -<br />

So he would have to get to the front of one of those queues<br />

wouldn't he?---Yeah; yeah.<br />

Which queue does he use?---Well, generally he uses the new<br />

vehicle which is now for the minor inspections as well; and<br />

the other thing, if the queues are shorter you obviously<br />

get in the shorter queue. It's like going to the bank, you<br />

know, you get in the shortest queue. Even - you know, even<br />

though it says "heavy vehicles" you can still put a car in<br />

the line.<br />

So would Abe generally put his cars in the new vehicle line<br />

even if they weren't new vehicles?---Not generally, no.<br />

Not that I'm aware of, no. He just - because he's been<br />

doing it for 30 years he knows the way things operate and<br />

he just goes to the - you know, the - what looks to be the<br />

quickest queue.<br />

And do you work on a particular pit during the day or is<br />

all over the pits?---No.<br />

So it's not like you get allocated to the new vehicle pit<br />

and that's what you do all day?---No; no. There mightn't<br />

be any new vehicles there. You'd have nothing to do all<br />

day. You go out and just select one of the next ones<br />

along.<br />

So there's a bit of discretion there for you? You might<br />

have five cars at the front of the queues and - - -?<br />

---Well, a new bloke's going to go out and just - it's -<br />

like it's human nature to go to the first vehicle you see<br />

rather than the last one, and the new blokes will generally<br />

go out and select the first queue because it's there; but<br />

us that have been there a bit longer will go out and say,<br />

"There's an easy job on lane 4, we'll go and do that one."<br />

So you get to be a bit thrifty over the years.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 515<br />

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63/26/glj<br />

Have you ever done an examination for Abe where he wasn't<br />

in the line and you did it sort of off to the side?---Yes.<br />

Yes. Where would he generally park his cars for doing<br />

that?---Just on the side.<br />

And what, would he call you over, come and see you,<br />

whatever, and say, "Could you do a quick one for me"?<br />

---He'd catch my attention and we'd have a look, yeah.<br />

THE COMMISSIONER: I suppose this process that you are<br />

describing where you have examiners come out and looking<br />

for the easy job, as you have just said, pull people out<br />

from different parts of the line, it might not go over too<br />

well with other people who were ahead of them in the line?<br />

---You have a few punch-ups.<br />

TOOKER, MR: Have you ever done an examination for Abe on<br />

the side that should have been a full examination?<br />

---Possibly, yeah. I don't - I can't remember if, you<br />

know, it's been an A or a full one.<br />

What's an A?---An A is just an identity check.<br />

Is that a minor inspection?---Yeah, a minor inspection.<br />

THE COMMISSIONER: I think you said earlier that - you<br />

referred earlier to there being an instruction in relation<br />

to that?---Yes.<br />

Do you know what it's called or where we would find it?---I<br />

think it's just minor inspection. It'll be on - Mr Jenner<br />

will be able to help you out.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 516<br />

Spark & Cannon


64/27/sjr<br />

All right, we can follow that up?---It's - it'll be on the<br />

system there somewhere.<br />

TOOKER, MR: How often would it be that you would go and<br />

help out Abe by examining a car on the side?---Not often,<br />

just - you know, if there was a queue out the gate, there's<br />

a lane down the right-hand side where you can drive past<br />

and if the queue is out the gate, he's probably just drive<br />

down the side with a - because you can't even get to the<br />

other pits or the other lanes, because it's that full with<br />

vehicles, he'd just come down the side there and, yeah,<br />

just do the vehicle on the side.<br />

THE COMMISSIONER: Could you give us an indication of how<br />

many vehicles you might get queued up at any one stage<br />

there?---The first day we started TRELIS they were out the<br />

gate, down Murray Road and around on Orrong Road. There<br />

was probably 200 vehicles in the queue. It was just chaos.<br />

What about since then?---Well, when - at the peak when<br />

everyone was coming over, I used to go down the line and I<br />

used to have to tell people to move their vehicle, because<br />

they were blocking the roadway. You couldn't get into the<br />

pits. The people at work couldn't get in to come to work<br />

because the gate was blocked with vehicles. I used to have<br />

to go up and move vehicles so that the office staff could<br />

get into work.<br />

Okay, this is Welshpool where you can't make appointments.<br />

There are other centres where - - -?---No, this is long -<br />

this is before the booking system started. That all - the<br />

booking system didn't start until recently after the<br />

George McCulloch report.<br />

Right. When was that?---Exactly, I can't remember. It<br />

would be probably 18 months ago, Commissioner.<br />

What was that on?---That was on the debacle of the<br />

licensing system basically. He did a full - no, it was<br />

when the Rugby world cup was on, just before the Rugby<br />

world cup in France. I don't remember the date, but I<br />

remember he got a trip over there from the department<br />

basically, because of the report he did. The report was<br />

basically on the shortcomings of the licensing system,<br />

driver's licences, vehicle licences, where vehicle<br />

examination centres should be, where licensing centres<br />

should be. He did all the demographics, the population<br />

growths and all that sort of stuff, and yeah, basically all<br />

that came out of it was a booking system.<br />

How do you find the booking system works?---I don't really<br />

know, Commissioner, because we haven't got - - -<br />

Did you ever work with it?---I did for a little while at -<br />

probably a week or two at Kelmscott, but it was pretty good<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 517<br />

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64/28/sjr<br />

because you were just sitting on your butt all day.<br />

Why is that?---Because people didn't show up for<br />

appointments. It was - you know, and you were given a<br />

certain amount of time to do a vehicle and if you did it in<br />

a shorter period of time, then you'd just sit around and<br />

wait for another vehicle to come, and they mightn't show<br />

up, so yeah, it was a pretty cruisey life for them,<br />

meanwhile we were working out butts off.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 518<br />

Spark & Cannon


65/29/rds<br />

Mr Burrows, have you ever gone to Eurotyres to inspect a<br />

vehicle?---No.<br />

Have you ever passed a vehicle for Abe Roufail without<br />

actually seeing the vehicle?---Yes.<br />

How many times do you reckon you have done that?---Once or<br />

twice, a few more maybe. Mainly new vehicles.<br />

How did you know they were new vehicles?---Because of the<br />

date of manufacture and the - yeah.<br />

THE COMMISSIONER: On the form you mean?---No. You can<br />

search the vehicle on the computer and it comes up a 2007,<br />

2008 vehicle. Probably, you know, like Newtown Toyota.<br />

They only deal with like demo cars and things like that.<br />

TOOKER, MR: You would have seen that evidence that I<br />

played earlier in relation to the lime-green Mitsubishi<br />

ute?---Yes.<br />

You never saw that vehicle, did you?---No; no. I don't<br />

recall that one at all.<br />

So can you tell me what happened in relation to that one,<br />

with the paperwork?---No. To be honest, no, I don't -<br />

don't recall at all.<br />

THE COMMISSIONER: I suppose you wouldn't have much to<br />

recall, would you? It would just be the document?---Yeah.<br />

TOOKER, MR: Do you think it would be accurate as<br />

Mr Roufail said, that he gave you his word that it<br />

was - - -?---Yeah; yeah.<br />

- - - he had changed the tyres and everything was okay?<br />

---Because he was in the tyre business I thought, well,<br />

yeah, he's going to do the right thing by the customer and<br />

generally look after them and do the right thing by me.<br />

So you knew it was a yellow sticker for that one?---Yeah.<br />

I must've.<br />

You would have seen the MR that came up on the screen?<br />

---Yeah; yeah.<br />

Would you like me to show it to you again just to - - -?<br />

---No. It was all my writing.<br />

It was your handwriting?---Yep.<br />

So it had words scribbled over it, "work order", at the<br />

top. You could hardly read it but I think I could just<br />

make it out?---Yeah.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 519<br />

3.03<br />

Spark & Cannon


65/30/rds<br />

Was that you?---Yep. That was a bit of a - what's the word<br />

for it? I can't think of the word for it but what happened<br />

was - previously we just used to throw the MR1s in the bin.<br />

We were told there was no need to keep them. So we used to<br />

throw them in the bin, and then we just used to keep the<br />

MRs for the vehicles that were licensed and then, to make<br />

our job even harder, we had to write out an MR1 for a work<br />

order which was already licensed. All the vehicle details<br />

are there. All we were doing was checking the numbers and<br />

then we had to fill out this form in - you know, completely<br />

fill out the form and, yeah, it just made more work for us<br />

when we were already under the pump.<br />

Have you passed any other vehicles that had yellow stickers<br />

for Abe Roufail?---Not that I recall.<br />

Did Abe give you any money - - -?---No.<br />

- - - for doing that job?---No.<br />

For any jobs?---No.<br />

Did you ever get anything out of him?---He used to bring in<br />

some Lebanese bread and throw it on the counter and we'd<br />

all get some - take some Lebanese bread home at the end of<br />

the day or occasionally - I don't know if Abe did but might<br />

bring a carton of beer in or something but no, nothing<br />

else.<br />

Did you ever pass vehicles without inspecting them for<br />

anyone else?---Not that I know of.<br />

So why did you provide these favours to Abe Roufail?<br />

---Basically, like I said, we sort of had a bit of a<br />

rapport over all the years and just - you know, you just<br />

get to help out some people more than others.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 520<br />

Spark & Cannon


66/31/glj<br />

Obviously this is your chance to provide any other<br />

explanation that you have. Do you have any, apart from the<br />

fact that you got to know him over the years, as to why you<br />

might pass vehicles without inspecting them or go off to<br />

the side and do them quickly even though he didn't line<br />

up?---Well, can you rephrase that?<br />

Is there any other reason for you helping out Abe Roufail<br />

in this way?---No. I've just basically known him for<br />

practically the time I've worked there and, you know, we've<br />

just become sort of friendly over the years.<br />

Sure. How long would you say it has been going on that you<br />

have perhaps passed cars without seeing them?---Since -<br />

since we're under the pump, you know, in the last 12 months<br />

or so that we were really under the pump and you just try<br />

and help people out, make it so they didn't have to sit in<br />

a queue for eight hours and - yeah.<br />

THE COMMISSIONER: So have you done it for anyone else?<br />

---Possibly some friends. You tell them to come down the<br />

side and just do a quick check on their vehicle.<br />

Have you passed any other vehicles for anyone else without<br />

actually seeing the vehicles?---No; no.<br />

TOOKER, MR: I want to show you those charts that we<br />

showed to Mr Roufail?---Mm'hm.<br />

We will start with chart 5. All right, this is a chart<br />

from June 2004 to December 2008 and if we focus on your<br />

cluster which is at the far left. You heard me explain<br />

these clusters to Mr Roufail. Do you understand - - -?<br />

---Yeah.<br />

- - - generally how they operate?---Yeah.<br />

All right, so each one is a pit pass. So you did 272 in<br />

that three and a half year period for Mr Roufail, and if we<br />

move to the right I think your next best competitor would<br />

be Peter Howard on 119; and then if you move further<br />

across, third place 32 examinations; fourth place, 30. If<br />

we keep moving across, 18 et cetera, et cetera. It goes<br />

down?---Are they all - - -<br />

What's your explanation for the fact that you have done a<br />

disproportionate number of examinations for Mr Roufail?<br />

---Well, I've probably been there the longest; and also,<br />

you know, like I said you make your job easier, go and pick<br />

an easy target and get the job done and out of there.<br />

THE COMMISSIONER: So they would - - -?---See, some of<br />

those people that - like Jackie Chan - - -<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 521<br />

3.07<br />

Spark & Cannon


66/32/glj<br />

Would you like us to make that bigger? We can expand that<br />

if you want to see it?---Yes, see, Geoff Chan's - he was<br />

only on the pits for a short time so obviously if he's only<br />

been there six months he's not going to do as many jobs as<br />

I have that have been there for four years. Same with<br />

Peter. Peter was at O'Connor so, you know, average it out<br />

and the time you spent there, it creates a different<br />

statistic.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 522<br />

Spark & Cannon


67/33/sjr<br />

So were you at Welshpool for that entire three and a half<br />

year period?---I'd say so, yeah.<br />

Was anyone else there for that entire period?---Who are the<br />

other people? Peter was away at O'Connor for a long time.<br />

THE COMMISSIONER: We can of course break those statistics<br />

down in different ways. We can break it down in date<br />

orders and all sorts of things?---You know what they say<br />

about statistics, Commission, don't you.<br />

Yes. We are talking about hard, objective material here.<br />

All I'm talking about is analysing what's there?---Yeah.<br />

KARSTAEDT, MR: Commissioner, may I just ask whether it<br />

could be clarified whether this - - -<br />

THE COMMISSIONER: Could you just move to the left, in<br />

front of the microphone.<br />

KARSTAEDT, MR: I'm sorry, whether this diagram only<br />

relates to Welshpool as opposed to the licensing centres<br />

generally.<br />

THE COMMISSIONER:<br />

Mr Tooker?<br />

Yes. That's the case, is it not,<br />

TOOKER, MR: This chart, if we go to the heading,<br />

represents, as I understand it, all of the inspections done<br />

for A and J Roufail Auto Repairs over that period, so<br />

if - - -<br />

THE COMMISSIONER:<br />

So it's not just Welshpool?<br />

TOOKER, MR: That's right. So if A and J Roufail Auto<br />

Repairs purchased a pit pass or MR receipt, we can link<br />

that back to who inspected - - -<br />

THE COMMISSIONER:<br />

So it's not just Welshpool?<br />

TOOKER, MR: It's not just Welshpool, it's all the pits,<br />

all the pit passes over those three and a half years?---I<br />

was going to say, because Paul Moir hasn't been at<br />

Welshpool for years, so he must've done his work at<br />

Kelmscott. There's all sorts of variants in there that can<br />

be explained.<br />

THE COMMISSIONER: Yes, we can look at those and obviously<br />

we will, but if it's not just Welshpool over that period of<br />

time, then that does go to the point that you were making,<br />

I think, Mr Burrows, because it covers all of the<br />

inspections over that period of time anywhere?---Yeah.<br />

Mm'hm, but you know, if you average it out, it's about one<br />

a week, so that's not an extraordinary number of vehicles.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 523<br />

3.11<br />

Spark & Cannon


67/34/sjr<br />

You're saying, as I understand your evidence, so there is<br />

no particular reason for that as far as you're concerned,<br />

it's just the way the figures fall out?---Well, yeah, and<br />

because you know, like I say, you target certain people<br />

because you know it's going to make your job easier. If<br />

you've got an A vehicle that's going to take you five<br />

minutes, you're going to choose that over another vehicle<br />

that is going to take you an hour.<br />

A couple of thoughts that occur about that. You have to be<br />

there for your whole working day anyway, you're supposed to<br />

be examining vehicles?---Yeah.<br />

That answer suggests to me that what you would be looking<br />

for it to get a significantly higher number through in the<br />

period. Would that be the point of it?---Yeah, that as<br />

well as - you're not going to go out and purposely pick a<br />

work order that could take you an hour, and create all the<br />

extra paperwork involved in doing a work order, against an<br />

A vehicle or a box trailer or - it's - - -<br />

Okay, so it's easier to do an A vehicle, not only because<br />

the inspection is simpler, but because there's not likely<br />

to be any more paperwork or other things associated with<br />

it?---The paperwork is a whole lot easier, you know.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 524<br />

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68/35/glj<br />

TOOKER, MR: You talk about targeting people in the line.<br />

Did you ever feel that Abe Roufail targeted you as an<br />

inspector?---I suppose it went both ways, you know. The<br />

same with people from Action Motors. I mean, if you do a<br />

graph on Action Motors or WA Auto Auctions, or for instance<br />

GTE I did 75 in one day at GTE. I mean, it makes 55 in a<br />

year look pretty ordinary, doesn't it, when I do 75 in a<br />

year - in a day.<br />

THE COMMISSIONER: Is that at the licensing centre or<br />

somewhere else?---No; no, I went on site and did that.<br />

Yes.<br />

TOOKER, MR: Did you ever feel uncomfortable or anything;<br />

that you were being targeted or - - -?---I wouldn't say<br />

uncomfortable but it just sort of - it got a bit<br />

monotonous, you know. Sometimes you'd want to talk to<br />

other people and I got to know a lot about Abe's medical<br />

history and his father and his - you know, we'd swap notes<br />

on different family members and, yeah, we became sort of<br />

very personal in a lot of ways. Like Abe's had his medical<br />

problems and his father was crook and, you know? You sort<br />

of - it sort of creates a conversation when you first get<br />

to the - get to meet them on the next day, you know, "How<br />

you going? How's your ticker going?" and all that sort of<br />

stuff.<br />

Did you ever feel uneasy when you passed a yellow sticker<br />

for him without seeing the car?---Yeah; yeah. It's just<br />

not the right thing to do.<br />

Did you ever wish sometimes he'd just go away and leave you<br />

alone?---Yeah, sometimes; yeah.<br />

I need to show you, I think, an MR1 for that lime-green<br />

Triton ute because there's a question I need to ask you<br />

about it. CCC bar code 1182. All right, that's the one we<br />

were talking about earlier. That's your handwriting<br />

there?---Yeah; yeah.<br />

And then on the bottom of that page that's your signature?<br />

---Yeah.<br />

Yes; and then if we go over the page to the very bottom of<br />

page 2, again that's your signature on 31 October?---Yes.<br />

Yes; and it does read in that box, doesn't it, "I certify<br />

that I have inspected this vehicle in accordance with the<br />

policies and procedures of the department and that it is in<br />

a roadworthy condition"?---Yes.<br />

With that car you didn't inspect it so you weren't in a<br />

position to certify it?---That's correct.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 525<br />

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68/36/glj<br />

3.15<br />

Spark & Cannon


68/37/glj<br />

Is that what made you uneasy, that - - -?---Yeah.<br />

- - - you were certifying these things as<br />

roadworthy - - -?---Yes.<br />

- - - and you hadn't seen them?---Yeah.<br />

All right.<br />

THE COMMISSIONER: So why did you?---On the day I probably<br />

had a point of weakness and the people out the gate and,<br />

yeah, couldn't be bothered making him come in, I suppose.<br />

It's just it's been pretty stressful over the past couple<br />

of years and anything to make your job just that little bit<br />

easier, help people out in the queue, you just do it.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 526<br />

Spark & Cannon


69/38/rds<br />

Did you also do it because it was something that he would<br />

regularly ask you to do?---No. He just - because it was -<br />

I think it had something to do with tyres and he was in -<br />

or his daughter was in the tyre business and I just took<br />

his word for it that he was going to do it properly.<br />

If we can go back to the chart. Perhaps this time chart 6<br />

because it shows that upper bit clearer. You would have<br />

seen from the earlier evidence that there was this one<br />

fail. I have got some more information about that one now.<br />

It's a 2004 scooter, a black scooter. Do you remember that<br />

one?---I don't think so.<br />

I have got the paperwork. It looks like you have passed it<br />

on the paperwork but somehow there has been some mix-up<br />

with the computer and it was failed on the computer at one<br />

point. Is this ringing any bells?---No.<br />

Just if we focus on that red one in Mr Burrows' cluster.<br />

The computer system has pulled it up as a failure, that one<br />

on 10 November 2008?---Mm'hm.<br />

But the paperwork actually shows it as a pass. We have<br />

obtained these over lunch. Can you assist us at all in<br />

relation to that scooter?<br />

THE COMMISSIONER: Would you like to look at the<br />

paperwork?---Yeah, if possible; yeah. It doesn't ring a<br />

bell.<br />

TOOKER, MR: I can show Mr Burrows the certificate of<br />

inspection for MR560730.<br />

THE COMMISSIONER:<br />

Thank you?---(indistinct) scooter, yep.<br />

TOOKER, MR: Commissioner, I should say that - I ask that<br />

further inquiries be made in relation to this vehicle,<br />

given that it's a stand-out one fail out of 272 and we are<br />

trying to get to the bottom of why Mr Burrows failed - why<br />

it's coming up as a fail, this one vehicle.<br />

THE COMMISSIONER: Yes. So the position, as I understand<br />

it, and correct me if I'm wrong, Mr Burrows, is that the<br />

paperwork that you have there in front of you is the<br />

certificate relating to that vehicle and the certificate<br />

indicates it was a pass. Is that correct?---Yes. We print<br />

out another form and sometimes you can click the wrong box<br />

on the - the mouse moves and instead of "pass", it goes<br />

"fail", so I don't - I can't explain that.<br />

Do you want to see that, Mr Karstaedt? Do you want to see<br />

those documents?<br />

KARSTAEDT, MR:<br />

Yes, please.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 527<br />

3.19<br />

Spark & Cannon


69/39/rds<br />

THE COMMISSIONER:<br />

KARSTAEDT, MR:<br />

Yes, very well.<br />

Thank you.<br />

TOOKER, MR: Just so I'm clear, you are saying it's<br />

possible that it could have been a click of the mouse?<br />

---Yeah; yeah, and sometimes we - you automatically stamp<br />

and sign things, you know, and there's numerous occasions<br />

where you actually sign it as being passed and it's<br />

actually failed and you go - and the customers goes around<br />

the front to license it and then they say, "It hasn't been<br />

passed on the computer system," because we failed it on the<br />

computer system but passed it on the paperwork. So it can<br />

come back and bite you on the bum.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 528<br />

Spark & Cannon


70/40/sjr<br />

So if that's the case that it is a pass, then it looks like<br />

it's a hundred per cent pass rate for Mr Roufail then?<br />

---Could be.<br />

Do you know what your normal fail rate is?---It's not very<br />

high.<br />

Out of a hundred, how many on average would it be?---I<br />

wouldn't have a clue.<br />

KARSTAEDT, MR: Sir, could I just ask - - -<br />

THE COMMISSIONER:<br />

Yes.<br />

KARSTAEDT, MR: A normal failure rate, I just wonder<br />

whether it might be appropriate to compare apples with<br />

apples. Is just an average overall or an average - - -<br />

THE COMMISSIONER: I think the question is directed to the<br />

witness's overall failure rate.<br />

KARSTAEDT, MR:<br />

THE COMMISSIONER:<br />

KARSTAEDT, MR:<br />

THE COMMISSIONER:<br />

Considering all types of customers?<br />

Yes.<br />

Very well. Thank you.<br />

Is that correct, Mr Tooker?<br />

TOOKER, MR:<br />

Yes, Commissioner?---I wouldn't know.<br />

Can you give us any idea out of a hundred how many you<br />

would fail on average, across all vehicles?---Probably two<br />

or three, four, not many. When I first went for the<br />

interview we were told that our job was to pass people, so<br />

that's what we generally try and do.<br />

THE COMMISSIONER: Who told you that?---That was then the<br />

coordinator at the time.<br />

At Welshpool?---No, no, when we did the initial interview<br />

for the job.<br />

Yes?---He - there was the manager and the coordinator<br />

interviewed us and then basically the next week we started.<br />

Okay.<br />

TOOKER, MR: You would have heard some calls that I played<br />

to Roufail between Coco and Susan Jabbour?---Mm'hm.<br />

There was some talk in those calls, I can play them to you<br />

again if you want, about you not doing them any more. Do<br />

you remember hearing that?---Yeah, I've got no idea what it<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 529<br />

3.23<br />

Spark & Cannon


70/41/sjr<br />

refers to.<br />

No. There wasn't a time when you said to Abe Roufail,<br />

"Look, I'm not doing your cars any more. Go away"?---No, I<br />

don't think so. No. I might've gone on leave or something<br />

like - - -<br />

That was going to be my next question. In late 2008, did<br />

you have any extended periods of leave?---No. I went into<br />

the technical section for a while.<br />

THE COMMISSIONER:<br />

When was that?---At Welshpool.<br />

When?---Probably October or November, I'm not - round about<br />

then.<br />

For how long?---About three or four weeks, I think.<br />

TOOKER, MR: What's the technical section?---That's the<br />

section - we call it "tech section" but it's now referred<br />

to as the vehicle safety branch. That's basically where<br />

people apply for modifications, different inquiries about<br />

how to license different types of vehicles, like normal<br />

vehicles that aren't generally licensed for road use, that<br />

sort of thing. They give out technical advice to<br />

customers, answer a lot of phone calls from the contact<br />

centre.<br />

The Jabbours, Susan and Jimy Jabbour, do you know them?---I<br />

know Susie, yeah.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 530<br />

Spark & Cannon


71-72/42/glj<br />

You know that they run Eurotyres?---Yes.<br />

Have you examined many cars for them?---I don't recall<br />

doing any actually.<br />

All right?---Susie used to bring cars over for Abe before,<br />

so I would've done them years ago when she - I think she<br />

left school and went and worked there part-time or<br />

something and then she went and got married and then they<br />

took over the business. So from time to time she's been in<br />

and I would've done some cars.<br />

Yes. I will just show you chart 3 now. Previously I<br />

showed you charts for pit passes for Abe Roufail. These<br />

are the pit passes for J. and S. Jabbour, so it's Jimy and<br />

Susan Jabbour out at Eurotyres?---Mm'hm.<br />

Again, this is from June 2004 to December 2008 - and,<br />

Commissioner, it's not three and a half years; I have<br />

miscalculated, it's four and half years.<br />

THE COMMISSIONER:<br />

Yes.<br />

TOOKER, MR: So I put that on the record; but if we move<br />

to the centre of the document and focus in on the examiners<br />

we should be able to pick up Mr Burrows. It's cluster 5<br />

from the left. There it is.<br />

THE COMMISSIONER:<br />

There he is.<br />

TOOKER, MR: All right. So that shows you doing<br />

eight examinations for them. If you look at the dates they<br />

are generally 07 and 08. Do you see that?---Yep.<br />

Have you ever conducted an on-site inspection for the<br />

Jabbours out at Eurotyres?---No.<br />

Have you ever had Susie come up to you and say, "Can you<br />

inspect one around the side"?---No.<br />

Have you ever inspected a car for the Jabbours without<br />

actually inspecting the car? Sorry, have you ever passed a<br />

car for the Jabbours without actually inspecting the car?<br />

---No.<br />

Do you know of any other examiners at Welshpool or<br />

elsewhere who have passed cars without inspecting them?<br />

---No.<br />

Do you know any other businessmen like Mr Roufail who seem<br />

to put cars over the pits for a business, for car yards?<br />

Is there anyone else like that out there?---I imagine there<br />

are. I'm just trying to think. No, I can't think of any<br />

at the time.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 531<br />

3.27<br />

Spark & Cannon


71-72/43/glj<br />

Do you know George Raphael?---No.<br />

I want to show you an email now. It's CCC bar code 1178.<br />

Just have a read of that email and see if you remember it?<br />

---Yes, I do.<br />

So it's an email dated 1 December 2008 and it's from you to<br />

Bruce Moore. Is that right?---Yes.<br />

And Bruce Moore works at the department?---He's - he was<br />

the person in charge of our licensing section, over - of<br />

all the licensing sections.<br />

So was he the manager of vehicle operations--I'm not sure<br />

that's his title.<br />

Okay. Just in a summary, can you tell us what this email<br />

was about--Yeah, I was relieving as the team leader and we<br />

were - we're supposed to conduct an audit on all the MR1s<br />

and I came across some that I didn't think were quite<br />

correct so I went and consulted with another senior person<br />

at Welshpool in the audit section and that's not the email<br />

that I originally drafted up but he - he embellished it,<br />

you could say.<br />

THE COMMISSIONER: How did he do that? It's your email,<br />

isn't it?---Yeah. He - we sat together and wrote the<br />

email, then he forwarded it to me and then I forwarded it<br />

on to Bruce Moore.<br />

TOOKER, MR: Who told you to do an audit of MR1s?---It was<br />

a procedure. It had just come into place a month or so<br />

before where the senior examiner had to audit all the MR1s<br />

and find any faults on the MR1, like missing details.<br />

Because what was happening was people were putting the car<br />

down as white and it was actually black; and that's another<br />

problem we've got, is that the computer brings back the old<br />

colour and if you don't check it it doesn't get corrected.<br />

So we were basically just checking the MR1s, and any - any<br />

details that were missing we'd give it back to the examiner<br />

to make sure that they'd filled in the correct details.<br />

Is this because there's an audit done of the MR1s, the<br />

original ones compared to the computer and it's a KPI<br />

measurement? Is that how it was told to you?---I - to be<br />

honest, I just - I think I must've recently came out of the<br />

tech section and in fact I think that was - I think that<br />

was the second or the first day I was in that position.<br />

I'd come out of the technical section so I must have been<br />

in there in November because that's dated 1 December; and<br />

it was my first day as acting team leader and, yeah, I just<br />

- going through the MR1s and I found these, what looked<br />

like odd - odd occurrences on the - on the MR1s.<br />

18/2/09 <strong>BURROWS</strong>, W.B. XN 532<br />

Spark & Cannon


73/44/sjr<br />

What was odd?---The fact that the booking sheet didn't<br />

reflect the jobs that were on the MR1s and the MR32s, I<br />

think you call them.<br />

THE COMMISSIONER: Is the booking sheet the log,<br />

effectively, of the vehicles that have been through the<br />

licensing centre?---No, there's an on-site booking system<br />

and those companies that book up, ring up and book for an<br />

on-site inspection they're all listed on it, and some of<br />

those - - -<br />

I see. When you go out to them, you mean?---Yes.<br />

Yes.<br />

TOOKER, MR: So what was the irregularity? There was the<br />

on-line, the on-site booking sheet and then you had the<br />

MR1s, what was the problem?---Well, the one examiner hadn't<br />

actually - had listed 10 jobs on his sheet that weren't on<br />

the actual running sheet for the on-site bookings, and then<br />

when I had a look at them, there were three there that were<br />

write-offs, and this particular examiner hates doing writeoffs<br />

and we had stopped doing write-offs at Welshpool the<br />

month before, so that was odd, and there were a couple of<br />

others at a couple of car yards and I think, I'm not sure<br />

what the others were, but they just didn't gel with me.<br />

Who are we talking about, what examiner?---Brent Kain.<br />

I think you talked about an MR32 before. Is it an MR23,<br />

the daily work sheet?---Yeah, it could be. Yeah.<br />

I might just pull up the MR23 that's relevant to this.<br />

Yes, here it is. It's CCC bar code 1216. That email was<br />

sent on the 28th - sorry, that email is on 1 December 08?<br />

---Mm'hm.<br />

This is the MR23 for 28 November 08?---That's correct.<br />

Do you see that, in the top right-hand corner? This one,<br />

the examiner's details, surname, in the top left says<br />

Howard/Brent?---Mm'hm.<br />

Would that be Peter Howard and Brent Kain?---Yes.<br />

And then if we scroll through the pages for this date,<br />

you've got the second page and then over the page, the<br />

third page, and then over the page, page 4, and it looks<br />

like a total of 83 on-site inspections. Do you see that?<br />

---Yeah.<br />

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Yes. Is that out of the ordinary to do 83 on-site<br />

inspections - - -?---No.<br />

- - - for a two-man team in a day?---No.<br />

Okay; and why is that not out of the ordinary?---Well, it's<br />

not - not unusual but it's a high figure, which can be done<br />

in a day because mainly they're all new vehicles.<br />

If we look at these - sorry to go back, but perhaps if we<br />

go back to page 1 - they get a status code don't they for<br />

the type of vehicle?---Yep.<br />

So all those A's on page 1, what are they? They are minor<br />

inspections are they?---They're all minor, yeah.<br />

And then the second page?---Yeah, minor and - - -<br />

A large number of A's and some H's. What are H's?---New<br />

vehicles.<br />

And I's? It says "one entry per vehicle". What does that<br />

mean?---What do you mean?<br />

The code down at the bottom. Bottom left-hand corner<br />

there's a key to what the letters mean?---Yeah, "I".<br />

Generally it's like a modification or something like that.<br />

All right; and over the page to page 3, we have got a<br />

whole - - -<br />

THE COMMISSIONER: This is page 3.<br />

TOOKER, MR: Yes, this is page 3. I think we were on<br />

page 2 before.<br />

Yes, they are all A's; and then over to page 4, we have got<br />

some more H's?---Mm'hm.<br />

And then there's a further page though for this date. Go<br />

over. No, it's not there.<br />

THE COMMISSIONER:<br />

No, this is 4 of four.<br />

TOOKER, MR:<br />

bar code.<br />

Sorry, Commissioner, it has a separate<br />

THE COMMISSIONER:<br />

Very well.<br />

TOOKER, MR: So I call for CCC bar code 1217. Just keep<br />

in your mind that that's the MR23 for 28 November for Peter<br />

Howard and Brent Kain. All right, this one is also<br />

28 November and it's in the name of Kain. Is this the<br />

sheet that troubled you?---Yes.<br />

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Yes; and just explain to us again, perhaps with reference<br />

to the type of examinations that were being conducted, why<br />

this concerned you?---Initially because of the inspections<br />

they'd done, Peter and Brent had done together; and then<br />

Brent had a separate sheet and when I looked at the<br />

vehicles on that sheet it just didn't make sense.<br />

THE COMMISSIONER: Why doesn't it?---Well, because when I<br />

checked three of them, three of them were write-offs.<br />

Which ones were they?---Without checking, Commissioner, I<br />

wouldn't know.<br />

You can't tell from the form?---Possibly the top three.<br />

Yes?---Then the other thing that didn't jell was Polmac<br />

Trailers.<br />

Yes?---And Cannington and Raphael House didn't jell.<br />

TOOKER, MR: Who runs Cannington Autohouse, do you know?<br />

---The Raphael boys.<br />

It's George Raphael's brother isn't it?---I don't know.<br />

It's Tony and Michael.<br />

Yes?---I don't know if it's his brother or not.<br />

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And Raphael House, who runs that? Do you know?---It's the<br />

same place.<br />

In your evidence earlier, you said that this wasn't on the<br />

on-site booking sheet. Do you mean to say that all of<br />

these car yards and various places on this sheet weren't<br />

listed on the booking system?---As far as I can remember,<br />

yeah.<br />

Tell me, I think you said earlier, your usual full<br />

inspection would take half an hour?---Yeah.<br />

And a B inspection of an unlicensed vehicle would be half<br />

an hour?---Mm'hm.<br />

THE COMMISSIONER:<br />

That's a yes, I take it?---Yes.<br />

TOOKER, MR: So if you count up the B's, you've got three<br />

hours of work there, plus another half an hour in the new<br />

vehicles. Is that right?---That's right.<br />

So you've got about three and a half hour's work just<br />

sitting on that sheet there?---Yeah.<br />

Plus 83 vehicles on that same day?---Yeah.<br />

Is that what smelled a bit funny?---Yes.<br />

Was anything done about that, do you know?---I just sent<br />

the email and then two days later we were all put off,<br />

so - - -<br />

Did you ever speak to Brent Kain about that?---No.<br />

THE COMMISSIONER: When you say you were all put off, do<br />

you mean you were all stood down, I think, weren't you?<br />

---Yes.<br />

And that was a result of the Commission's investigation,<br />

was it not?---Yes.<br />

Yes.<br />

TOOKER, MR:<br />

Yes, I have no further questions.<br />

THE COMMISSIONER:<br />

All right, thank you, Mr Tooker.<br />

Mr Burrows, as I think you have already indicated you were<br />

here earlier when evidence was given by Susan Jabbour and<br />

<strong>Abraham</strong> Roufail. Is that correct?---Yes.<br />

Did it come as a surprise to you to learn the nature of<br />

Mrs Jabbour's dealings in particular with individual <strong>DPI</strong><br />

vehicle inspectors?---Yes.<br />

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In what way?---I - it just didn't seem that those guys<br />

would get involved in that sort of stuff.<br />

What was your reaction to the process that she was<br />

describing in terms of whether you consider that to be a<br />

correct way of going business or not?---A bit dodgy.<br />

A bit dodgy? All right. One of the explanations she gave<br />

and you have made a similar point in perhaps a different<br />

way, is that one of the purposes was to avoid queuing?<br />

---Yes.<br />

Obviously, allowing her or indeed her father to get ahead<br />

of other people in the queue in the sense of being dealt<br />

with more quickly than others would assist them. Would you<br />

agree?---Yes. Yes.<br />

As I understand your evidence, that sort of thing in<br />

relation to Mr Roufail, for example, and you also from your<br />

point of view assisted you, is that right, in the sense<br />

that it made it easier for you to do your job?---Yes, so<br />

you don't have to explain everything in single-word<br />

syllables to new people.<br />

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Would you agree though that giving preferential treatment<br />

to people like that would obviously have had the<br />

countervailing effect of putting other people at a<br />

disadvantage?---For sure but most of the dealers did a<br />

similar thing, you know. They all know the system and how<br />

it operates.<br />

I was just directing my thinking there though of course to<br />

other people in the line, in the queue - - -?---Yeah.<br />

- - - many of whom, on your evidence, could have been<br />

waiting for many hours?---That's correct, yeah, but the<br />

thing is they're probably only going to be there once and<br />

Abe and the others do it for - you know, on a business<br />

basis.<br />

I suppose if you have one person there for some hours it<br />

might, nonetheless, be rather important for them to be<br />

dealt with as quickly as anyone else?---Yeah, and a lot of<br />

the big businesses used to jump up and down and they were<br />

given a priority service. They were given preference for<br />

on-site inspections. They were - - -<br />

I suppose the on-site inspections was one formal way of <strong>DPI</strong><br />

attempting to deal with the problem that you have<br />

identified, to get the inspections done for the dealers off<br />

site; that is to say, off the licensing site, which would<br />

assist them but also mean that the people who weren't<br />

dealers could get through more quickly?---A bit of a - - -<br />

Would that be the intent of it?---A bit of a catch 22<br />

because it took people away from the pits to go and do the<br />

jobs for the other people which basically meant they got<br />

preference and they were given, you know, an advantage over<br />

other people.<br />

Yes. Mr Burrows, I take it you understand one of the<br />

purposes of this Commission is to continuously improve the<br />

integrity of and to reduce the incidents of misconduct in<br />

the public sector. You understand that, do you?---Yes.<br />

On reflection do you consider that you acted with integrity<br />

in your dealings with Mr Raphael - I'm sorry, with<br />

Mr - - -?---Roufail, Mr Roufail?<br />

No. Yes, Mr Roufail. I'm talking, for example, about the<br />

lime-green vehicle?---Yeah. I'm very disappointed with<br />

myself.<br />

What do you think on reflection about the notion of giving<br />

preferential treatment in the way you have to him and<br />

others that you think might get things through more<br />

quickly?---Well, Commissioner, we shouldn't have to do<br />

that. We should have enough staff. We should have enough<br />

vehicle examination centres. We should have better -<br />

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76/50/rds<br />

proper training and procedures to avoid all this. I mean,<br />

the whole thing is a dog's breakfast and has been for many<br />

years.<br />

All right. If you were to be asked what lesson not only<br />

that you but other vehicle examiners, <strong>DPI</strong> or the public<br />

sector, could learn from the experience we have been<br />

talking about here today and in earlier public hearings, is<br />

there anything that you would like to suggest?---A<br />

multitude, Commissioner. There's just so much wrong with<br />

our system at the moment. It just really needs staffing<br />

for a start, and simple things like numberplates - you<br />

know, we go through the process of identifying all the<br />

vehicles and passing them and then they go and license<br />

them. I went to one business recently and I had to go and<br />

look at three vehicles and each vehicle had the wrong<br />

numberplates on. So it goes all the way down the line to<br />

the detailer in the car yard or the person, you know -<br />

they've screwed the wrong numberplates on the wrong<br />

vehicles. All three of them had the wrong numberplates on<br />

and it was only three vehicles licensed and they stuffed<br />

that up.<br />

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Who is "they" though there?---The dealer.<br />

Yes, all right. So I suppose it would be fair to say,<br />

wouldn't it, that that's one of the reasons we have<br />

official vehicle examiners to check - - -?---Yeah, but<br />

that's - - -<br />

- - - this, amongst other things isn't it?---That's past -<br />

that's down the line from us. We're the first stage of the<br />

process. This is - and we don't get to see the last stage<br />

where they screw the numberplates on. That's - - -<br />

I see?---You could screw the numberplates on anything and<br />

the way things are you've got a pretty good chance of not<br />

getting caught.<br />

Yes, but I was really directing my question to your role?<br />

---Okay, yeah.<br />

So if you had a vehicle come in for an inspection and it<br />

was one of those and it had the wrong numberplate, you<br />

would be expected to pick that up straight off, wouldn't<br />

you?---One bloke came in with a stolen numberplate on the<br />

front of his vehicle and a trailer numberplate on the back<br />

of it. I mean, there's some fair dinkum twits out there.<br />

Yes, but that's the sort of thing you expect the vehicle<br />

examiners to pick up - - -?---That's our - - -<br />

- - - basically, wouldn't you?---Yeah; yeah. Yeah; yeah.<br />

Yep.<br />

Yes, all right?---We just need to have more formal<br />

training. We need to have a lot more staff. I mean, even<br />

the facilities we have are just atrocious. All we've got<br />

to do - to use to check wheel bearings on a truck, we've<br />

got a jack and a tyre lever; that's it. The police have<br />

got more inspection facilities than what we have on the<br />

road. They've got a rolling road that they can check<br />

things. We've got nothing. Absolutely nothing. We're<br />

just - we're about 30 years behind the times. I was<br />

recently in the Northern Territory and they've got far<br />

better vehicle examination facilities than us, and they<br />

have annual examinations and - we wouldn't examine<br />

1 per cent of the fleet of vehicles on the road in Western<br />

Australia. We just haven't got enough staff. It's just<br />

crazy. We have just been under so much pressure to get the<br />

vehicles licensed that we - I'd say most of us take<br />

shortcuts every now and then because it's just - you're<br />

just under so much pressure to get the vehicles passed;<br />

and, you know, this poor woman that was in the queue for<br />

eight hours with a little baby, I fair dinkum felt for her.<br />

All right, thank you. Anything arising out of that,<br />

Mr Tooker?<br />

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TOOKER, MR:<br />

No, thank you, sir.<br />

THE COMMISSIONER: Mr Karstaedt, is there anything else -<br />

any other area you think needs to be covered?<br />

KARSTAEDT, MR: Your Honour, may I just seek some<br />

clarification in relation to - - -<br />

THE COMMISSIONER:<br />

you may.<br />

If you stand in front of the microphone<br />

KARSTAEDT, MR: I think this one is better. May I just<br />

seek some clarification in relation to the cluster on<br />

chart 6?<br />

THE COMMISSIONER:<br />

Yes.<br />

KARSTAEDT, MR: May I just - - -<br />

THE COMMISSIONER:<br />

KARSTAEDT, MR:<br />

THE COMMISSIONER:<br />

KARSTAEDT, MR:<br />

THE COMMISSIONER:<br />

look at?<br />

Would you like the cluster shown?<br />

Yes, please. If that could be done.<br />

Yes, very well.<br />

Thank you.<br />

Which particular part would you like to<br />

KARSTAEDT, MR: Commissioner, could I just ask a question<br />

just before I look at the actual document?<br />

THE COMMISSIONER:<br />

Yes.<br />

KARSTAEDT, MR: Mr Burrows, do you know which licensing<br />

centre Mr <strong>Abraham</strong> Roufail used in the four years or so that<br />

this diagram represents?---I'd say mainly Welshpool.<br />

Okay. Do you know in which area his premises were<br />

situated?---I think it's in Kewdale or Welshpool. Yeah,<br />

Star Street.<br />

THE COMMISSIONER:<br />

Just a moment. Yes, Mr Tooker?<br />

TOOKER, MR: Chart 6 just deals with 2008, I'm afraid.<br />

Chart 5 is for the four and a half years.<br />

THE COMMISSIONER:<br />

you, Mr Karstaedt?<br />

Yes. You wanted the four-year one did<br />

KARSTAEDT, MR: I'm sorry about that. I wanted chart 5,<br />

sir.<br />

THE COMMISSIONER:<br />

Yes, very well.<br />

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KARSTAEDT, MR: Chart 5. Sorry about that. So just to<br />

clarify, you understand that Mr <strong>Abraham</strong> Roufail used mainly<br />

the Welshpool licensing centre?---Yes.<br />

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Are you able to see chart 5? Perhaps you could answer this<br />

from your memory of seeing the enlargement previously, but<br />

do you know if there's anyone else on that chart that had<br />

worked at Welshpool as long as you had?---Possibly no-one.<br />

You had worked at Welshpool throughout that particular<br />

period?---Yes.<br />

Do you know of any other examiner who comes to mind who had<br />

worked at Welshpool for that entire period of time?---I<br />

haven't been able to see all the names. Probably - there's<br />

only a couple that have been there for the majority of the<br />

time. Most of the guys are new, they have only been there<br />

six, 12 months, so obviously they're not going to examine<br />

the same amount of vehicles over a four-year period that I<br />

had, because they haven't been there.<br />

Yes. Commissioner, may I just ask a question about the<br />

average number of vehicles that are passed and failed?<br />

THE COMMISSIONER:<br />

Yes.<br />

KARSTAEDT, MR: I think we established from this that in<br />

respect of Mr Abe Roufail's vehicles for that period, you<br />

passed either all of them or all of them except for one. I<br />

think you were then asked the question of - I can't<br />

remember the precise words, but generally what is the fail<br />

rate?---Yes.<br />

And I think you said three or four out of a hundred?---Yes.<br />

Is that an average fail rate?---For all examiners or - - -<br />

For yourself?---For myself? Yeah, I would say so. Yeah.<br />

Okay. Did Mr Roufail's vehicles that he brought in<br />

represent the average type of vehicle that you examined?<br />

---No.<br />

How did his vehicles differ from the average?---Mainly, he<br />

was bringing them for car yards that had relatively new<br />

vehicles that were generally in very good condition.<br />

Your Honour - sorry, Commissioner, I just wanted to ask one<br />

final question about his previous experience.<br />

THE COMMISSIONER:<br />

Yes, certainly.<br />

KARSTAEDT, MR: In terms of previous experience, I think<br />

you mentioned that you were in the army at some stage?<br />

---Yes.<br />

Prior to being a bus driver?---Yeah. I was in the army for<br />

20 years.<br />

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Did that involve any work similar to what you did at <strong>DPI</strong>?<br />

---I was - I started as an apprentice in the army and then<br />

worked my way up and I generally did vehicle examinations<br />

most of the way through the last 10 years in the army.<br />

So you were a vehicle examiner at that stage as well?<br />

---Yeah. We used to inspect the vehicles for repairs.<br />

Just lastly, in terms of that question of preferential<br />

treatment, while you perhaps were giving attention to<br />

Mr <strong>Abraham</strong> Roufail and other people were waiting in the<br />

queue, other examiners - would other examiners who hadn't<br />

been working as long as you had at Welshpool be giving<br />

attention to any specific customers while you were<br />

attending perhaps to Mr Roufail at that particular time?<br />

---I think yeah, possibly, because everyone sort of knows<br />

someone from a previous business. I mean, it's a small<br />

town, so you get to know - - -<br />

I suppose what referring to is you said that you were able<br />

to pick what you considered to be the more straightforward<br />

type or work where the customer would know what to do?<br />

---Yes.<br />

What was the position with vehicle examiners who hadn't<br />

worked as long as you? Were they able to assess potential<br />

customers in the same way from your observations?<br />

---Possibly not, because their experience - they wouldn't<br />

know one face from another.<br />

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Were other people waiting in queues being served generally<br />

while you were perhaps attending to Mr Roufail's vehicles?<br />

---Yeah; yeah. There'd be a constant stream of examiners<br />

coming and going and - yeah.<br />

Thank you, Commissioner.<br />

THE COMMISSIONER:<br />

arising, Mr Tooker?<br />

Thank you, Mr Karstaedt. Anything<br />

TOOKER, MR:<br />

No, thank you.<br />

THE COMMISSIONER: Yes, all right. Thank you.<br />

Mr Burrows, you have heard what I have said to the previous<br />

witnesses. You may be excused for the time being once we<br />

finish today, but I won't discharge you from your summons<br />

at this stage. It may be that counsel assisting may have<br />

some further questions to be asked of you in public<br />

hearing, depending upon how this investigation progresses;<br />

and in any event it may also be the case that counsel<br />

representing individual witnesses may wish to ask you some<br />

questions and seek leave to do so. But if we do require<br />

you back we will certainly advise you of that and if that<br />

is the case then you will be required to attend here again,<br />

but in any event we will let you know whether you are or<br />

are not going to be required as soon as we are in a<br />

position to let you know. Do you understand that?---Is<br />

that in the next two days, Commissioner?<br />

Why, are you planning on going somewhere?---I was hoping to<br />

go on a holiday, yeah.<br />

How long would you be away?---Well, we're planning one in<br />

April for three weeks; that was all.<br />

Yes?---So it could be any time in the future?<br />

We have to see how this investigation progresses, of<br />

course?---Okay.<br />

We don't quite know where it's going to end up yet, but we<br />

will be mindful of that. We will keep in touch with you.<br />

We won't interfere with your holiday. Let me put it that<br />

way?---Thank you.<br />

All right? All right, you are now discharged from further<br />

attendance here at this stage in any event.<br />

(THE WITNESS WITHDREW)<br />

THE COMMISSIONER: Mr Tooker, I take it there's not much<br />

point in going on further this afternoon with anyone?<br />

TOOKER, MR:<br />

No, there isn't, sir.<br />

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THE COMMISSIONER:<br />

morning?<br />

What time do we need to start in the<br />

TOOKER, MR: I would propose that we start at 9.30,<br />

Commissioner.<br />

THE COMMISSIONER: Yes. Is that convenient for whoever we<br />

are going to be calling?<br />

TOOKER, MR: Yes. I understand that Mr Lindsay is<br />

representing the next witness and will be available at<br />

9.30.<br />

THE COMMISSIONER: All right, very well. In that case we<br />

will adjourn then until 9.30 tomorrow morning. Thank you.<br />

AT 4.02 PM THE MATTER WAS ADJOURNED UNTIL<br />

THURSDAY, 19 FEBRUARY 2009<br />

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