DPI Inquiry Public Hearing (Abraham ROUFAIL, William BURROWS)

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55/10/glj other. Do you understand?---I will do so. If I'm fit, then I come. Yes, very well. Thank you for that?---Thanks. You are now excused for the time being?---Okay, thank you very much. (THE WITNESS WITHDREW) THE COMMISSIONER: Mr Tooker? TOOKER, MR: Thank you, Commissioner. I call William Brian Burrows. BURROWS, WILLIAM BRIAN called: THE COMMISSIONER: Just be seated for the moment, Mr Burrows. Yes, Mr Karstaedt? KARSTAEDT, MR: Commissioner, I ask for leave to appear on behalf of Mr Burrows. THE COMMISSIONER: KARSTAEDT, MR: Yes, you have that leave. Thank you. Thank you. THE COMMISSIONER: Mr Burrows, by section 138 of the act, before conducting an examination of you for the purposes of an investigation under the Corruption and Crime Commission Act I am required to inform you of the general scope and purpose of the investigation unless in the circumstances I do not think it desirable to do so. 18/2/09 ROUFAIL, A.M. XN 500 BURROWS, W.B. XN Spark & Cannon
56/11/rds I do consider that you should be informed of that and so I advise you that the general scope and purpose of the investigation is to determine if any public officer employed by the Department for Planning and Infrastructure has, is or may have engaged in misconduct in relation to the inspection, licensing and registration of motor vehicles or in any other function in their capacity as a public officer. Before your examination begins I will require you to take an oath or affirmation to tell the truth. Which would you prefer?---The oath. Thank you. Would you please stand then and take the oath? BURROWS, WILLIAM BRIAN sworn: THE COMMISSIONER: Very well, thank you. Please be seated. I will now tell you of your rights and obligations under the Corruption and Crime Commission Act. The act says that if you fail to answer any question relevant to the investigation that I require you to answer, you will be in contempt of the Commission. A contempt of the Commission is punishable as a contempt of the Supreme Court. You are not excused from the requirement to answer the question on the ground that the answer might incriminate or tend to incriminate you or render you liable to a penalty. When Mr Tooker asks you a question, he will be doing so on my behalf and you must answer. If I take the view that the question is not relevant or not appropriate, I will intervene. In the absence of that intervention, however, you must answer the question. I may ask you some questions myself in the course of the examination but for the most part the questions will be asked by Mr Tooker. However, the Corruption and Crime Commission Act provides protection for you in the following way: anything you say in your evidence here is not admissible and cannot be used in evidence against you in any criminal prosecution or proceedings against you for the imposition of a penalty. There are really only three exceptions to that. In your case the only circumstances in which what you say here can be used against you are (1) where you are charged with contempt of the Commission, as I have indicated, (2) where you are charged with an offence against the Corruption and Crime Commission Act, such as giving false or misleading evidence in this hearing, or (3) in disciplinary action against you. What you say here cannot be used as evidence against you in any prosecution for any other criminal offence. However, if you give evidence later in any civil or criminal proceeding which is not the same as what you say here, evidence may then be given of what you did say here. You must tell the truth here. You must give truthful answers to the questions asked of you and you have promised to do that by taking the oath. If you do give false or misleading evidence, you may be committing a crime under the Corruption and Crime Commission Act and the maximum penalty for giving false or 18/2/09 BURROWS, W.B. XN 501 2.27 Spark & Cannon
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Page 25 and 26: 63/25/glj THE COMMISSIONER: But if
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Page 39 and 40: 69/39/rds THE COMMISSIONER: KARSTAE
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Page 57: 79/57/glj THE COMMISSIONER: morning

DPI Inquiry Public Hearing (Abraham ROUFAIL, William BURROWS)

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