Committee on the Independent Commission Against Corruption

COMMITTEE ON THE INDEPENDENT COMMISSION AGAINST CORRUPTION
TRANSCRIPT OF EVIDENCE
The Hon. TREVOR KHAN: It can.
Mr LEVINE: Yes.
The Hon. TREVOR KHAN: It is an extraordinary position, is it not, for what is a quasijudicial
body to reject, in effect, the decision of the High Court?
Mr LEVINE: Well, they are entitled to disagree with the decision of the High Court.
The Hon. TREVOR KHAN: But they go further than that, do they not?
Mr LEVINE: Yes, I agree, and they did so with remarkable promptitude.
Mr RON HOENIG: Inspector, you were a very eminent and highly regarded jurist. Using
the word "disdainful", which means showing contempt or lack of respect, is a very significant
expression by you?
Mr LEVINE: I used it quite advisedly. That was the impact that the media releases of
ICAC made upon me, having been a former member of the judiciary. I do not resile from them.
Reverend the Hon. FRED NILE: As Inspector, did you follow it up with the commission
or with the Commissioner?
Mr LEVINE: I think there have been communications between myself and the
commission about press releases, yes.
The Hon. TREVOR KHAN: Do I take it also the press release has been referred to you—I
withdraw that question. I will not put that question at this stage.
CHAIR: You were also reported in that same article as giving advice to the Government
to avoid a kneejerk reaction that would turn the commission into a second Police Force or
Crime Commission. Do you care to elaborate on that?
Mr LEVINE: I remember saying that as part and parcel of my reaction to ICAC's
apparent reaction to the proceedings up the ladder of the courts. That remark was particularly
affected by the nature of the Cunneen incident: a motor vehicle accident, an issue about
breathalysing, and, indeed, an issue said to be an attempt to pervert the course of justice, all
of which, to my mind, would normally and quite capably be dealt with by a law enforcement
agency, which ICAC is not. The only factor to date, apparently, that has informed ICAC about all
of this business is that one of the drivers involved in the collision was the girlfriend of the son
of a senior Deputy Crown Prosecutor.
CHAIR: And you thought that was inappropriate material for ICAC to be investigating?
Mr LEVINE: And I was not alone in so thinking. The former commissioner himself was
of that view.
Mr RON HOENIG: When you have an Act like the Independent Commission Against
Corruption Act, which has such broad definitions of what constitutes corrupt conduct, the
36 REPORT 1/56