From December 2015 - our story "Wilson and Blewitt would escape conviction on charges recommended by TURC"
We first published this article on 3 December 2015.
Ralph Blewitt and Bruce Wilson will be almost certain to escape conviction on the primary charges recommended by the TURC
The Heydon Royal Commission has failed properly to investigate The AWU Scandal.
While there are ancillary charges, the core of the criminality reported on by Commissioner Heydon in his Interim Report is captured in this recommendation:
- Wilson and Blewitt should be referred to the Western Australian Director of Public Prosecutions in order that consideration may be given to charging and prosecuting them for fraudulent conduct contrary to S. 409(1) of the Criminal Code ( W.A.) the fraud being the arrangements with Theiss to receive payments under a contract for services and to provide no services.
All Wilson and Blewitt need do is to plead not guilty to the fraud on Thiess. In their defence they could tell the court the full story about how they received $400,000 in bribes or secret commissions from the company. Good luck establishing fraud on Thiess beyond reasonable doubt, particularly with the various versions of events described by Trio/Jukes et al tested under proper cross examination.
Because of its apparent intention to limit charges to Blewitt and Wilson, there is no recommendation for indictments on bribes or secret commissions in The AWU Scandal. Should an incompetent prosecution proceed based on the Heydon recommendations, Wilson and Blewitt could sing like canaries about the bribery, safe in the knowledge that because the givers and facilitators of the bribes are protected, no charges will ensue for them, the recipients of the money.
Well done Mr Stoljar in assisting the Commission to enter that blind alley.
A fraud on Thiess does not go to the heart of this offending. That defendants need merely disclose their genuine offending in order to escape conviction on improperly framed charges mocks the idea of justice.
The recommendations as they stand in the TURC Interim Report are unsafe and unsatisfactory. At the minimum, the TURC must advise the Governor General that its investigations in the matter of The AWU Scandal are incomplete.