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Letting of Contracts at Central TAFE Public Hearing AM session

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21/44/mjd<br />

THE COMMISSIONER:<br />

Mr Tooker, your next witness is?<br />

TOOKER, MR:<br />

Joseph Rooney.<br />

THE COMMISSIONER:<br />

Mr Joseph Rooney.<br />

ROONEY, JOSEPH CONNELL called:<br />

THE COMMISSIONER: Mr Rooney, before your examin<strong>at</strong>ion<br />

commences I must ask you to either take an o<strong>at</strong>h or an<br />

affirm<strong>at</strong>ion. Wh<strong>at</strong> would you prefer to do?---The o<strong>at</strong>h, sir.<br />

All right.<br />

ROONEY, JOSEPH CONNELL sworn:<br />

THE COMMISSIONER: Thank you, now please sit down,<br />

Mr Rooney. I must now tell you <strong>of</strong> your rights and<br />

oblig<strong>at</strong>ions under the Corruption and Crime Commission Act.<br />

Th<strong>at</strong> provides th<strong>at</strong> if you fail to produce any document as<br />

required by the summons or if you fail to answer any<br />

question relevant to the investig<strong>at</strong>ion th<strong>at</strong> I require you<br />

to answer you may be in contempt <strong>of</strong> the Commission. You<br />

are not excused from the requirement to answer the question<br />

on the ground th<strong>at</strong> the answer might incrimin<strong>at</strong>e you or tend<br />

to incrimin<strong>at</strong>e you or make you liable to a penalty. You<br />

may accept th<strong>at</strong> when Mr Tooker asks you a question he is<br />

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

view the question is inappropri<strong>at</strong>e I will intervene but in<br />

the absence <strong>of</strong> th<strong>at</strong> intervention, however, you must proceed<br />

to answer the question. I may ask you some questions<br />

myself in the course <strong>of</strong> the examin<strong>at</strong>ion but for the most<br />

part it will be carried out by Mr Tooker. However, the<br />

legisl<strong>at</strong>ion provides protection in the following way: a<br />

st<strong>at</strong>ement made by you in answer to a question th<strong>at</strong> I<br />

require you to answer is not admissible in evidence against<br />

you in any criminal proceedings or proceedings for the<br />

imposition <strong>of</strong> a penalty except contempt proceedings,<br />

proceedings for an <strong>of</strong>fence against the act or disciplinary<br />

proceedings. You must give truthful evidence in this<br />

examin<strong>at</strong>ion. If you fail in th<strong>at</strong> respect you will commit<br />

an <strong>of</strong>fence under the act <strong>at</strong>tracting penalties which may be<br />

significant. In proceedings brought against you for th<strong>at</strong><br />

<strong>of</strong>fence your evidence here th<strong>at</strong> is relevant will be<br />

admissible against you. You have no observ<strong>at</strong>ions,<br />

Mr Tooker?<br />

TOOKER, MR:<br />

No, Commissioner.<br />

THE COMMISSIONER:<br />

examin<strong>at</strong>ion.<br />

If you would now commence the<br />

TOOKER, MR:<br />

Certainly.<br />

Mr Rooney, I understand th<strong>at</strong> <strong>at</strong> one point you did work for<br />

4/10/06 ROONEY, J.C. XN 214<br />

11.52<br />

Spark & Cannon

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