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Illicit trade in native wildlife - witnesses Ando, Plant, Dawson, Green

Illicit trade in native wildlife - witnesses Ando, Plant, Dawson, Green

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t17/kr<br />

CCC<br />

MR HAMMOND: - - - these officers operated and it also needs<br />

to be acknowledged and recognised that my client is but a<br />

junior officer of CALM operat<strong>in</strong>g under the guidance, either<br />

appropriate or <strong>in</strong>appropriate guidance, of much senior<br />

officers. And there are a number of allegations of this type<br />

which will certa<strong>in</strong>ly reflect, probably adversely, on senior<br />

officers of CALM. We really do not th<strong>in</strong>k that it's good<br />

enough for all the allegations to be levelled at Mr <strong>Ando</strong> <strong>in</strong><br />

this vacuum, who is one of the most senior - - who's one of<br />

the most junior officers.<br />

COMMISSIONER: Mr Hall?<br />

MR HALL: None of those matters self-evidently relate to<br />

conduct which is <strong>in</strong> any way similar to that, that you are<br />

exam<strong>in</strong><strong>in</strong>g here, Commissioner. If there are allegations of the<br />

sort that Mr Hammond raises, the appropriate th<strong>in</strong>g to do, <strong>in</strong><br />

fact, the necessary, the lawful th<strong>in</strong>g to do, is to make proper<br />

compla<strong>in</strong>t to the Commission so that they can be <strong>in</strong>vestigated.<br />

This is not a forum for every matter which Mr Hammond th<strong>in</strong>ks<br />

is somehow relevant under this broad head<strong>in</strong>g of "culture" to<br />

be ventilated. If there were some conduct that <strong>in</strong> a<br />

mean<strong>in</strong>gful way impacted upon the allegations made about Mr<br />

<strong>Ando</strong>, then there might be some merit <strong>in</strong> his suggestion, but it<br />

is difficult to see how, even if it were true, engag<strong>in</strong>g <strong>in</strong> the<br />

sale of fish for cash payment could somehow condone or make<br />

proper what is alleged aga<strong>in</strong>st Mr <strong>Ando</strong>. So with respect, the<br />

matters raised by Mr Hammond could not possibly, on any view,<br />

be relevant to the matters be<strong>in</strong>g <strong>in</strong>vestigated here, but I<br />

would urge him to do the appropriate th<strong>in</strong>g which is to put<br />

those matters <strong>in</strong> writ<strong>in</strong>g with the appropriate evidential<br />

<strong>in</strong>dications and submit them to the Commission so that they can<br />

be properly and thoroughly <strong>in</strong>vestigated.<br />

COMMISSIONER: Mr Hammond?<br />

MR HAMMOND: Yes. Maybe if I could respond to one part of<br />

that, and that is, Mr <strong>Ando</strong> has the opportunity to raise, <strong>in</strong> my<br />

respectful submission, these allegations now and this is<br />

<strong>in</strong>deed the appropriate forum. Counsel <strong>in</strong> his open<strong>in</strong>g address<br />

aid that corruption <strong>in</strong> the Public Service is an <strong>in</strong>sidious<br />

matter and it can manifest itself <strong>in</strong> many ways. Now, it's not<br />

appropriate, <strong>in</strong> my respectful submission, just to conf<strong>in</strong>e the<br />

climate <strong>in</strong> which Mr <strong>Ando</strong> operated to one or two allegations<br />

without see<strong>in</strong>g the whole picture. Otherwise, <strong>in</strong> my respectful<br />

submission, the <strong>in</strong>vestigation is jaundiced. I mean, it may,<br />

Mr Commissioner - and this is <strong>in</strong>deed the thrust of my response<br />

to counsel assist<strong>in</strong>g - it may expla<strong>in</strong> why Mr <strong>Ando</strong> thought it<br />

was appropriate to cont<strong>in</strong>ue his liaisons with people who were<br />

persons of <strong>in</strong>terest, that there was such a culture that<br />

permeated at CALM that <strong>in</strong>deed it wasn't <strong>in</strong>appropriate for that<br />

23.11.04 R.D. DAWSON 163<br />

11.22

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