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NEWS > 09 December 2006

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 Article sourced from

The Age - Melbourne,Victoria,A
09 December 2006
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Victoria Police quits AWB prob

THE Cole inquiry's plan for federal and Victorian police to jointly investigate 12 executives involved in the AWB scandal is in tatters, with Victoria Police deciding not to participate in the proposed taskforce.

The inquiry found that 11 former AWB figures and Tigris Petroleum chief Norman Davidson Kelly may have breached Victorian laws as well as committing Commonwealth offences.

But a spokesman for Victorian Chief Commissioner Christine Nixon said yesterday said it was decided after talks with Australian Federal Police that "the matter should remain with the feds". The spokesman would not elaborate further.

Last week, Premier Steve Bracks agreed to a request from Prime Minister John Howard for Victorian participation in the AWB taskforce.

But a spokeswoman for Mr Bracks said last night it was decided that the federal police had powers to conduct the investigation on their own.

However, Victoria Police stood ready to help if required, she said.

It is believed that Victorian Attorney-General Rob Hulls is awaiting a letter from federal counterpart Philip Ruddock advising him how the joint taskforce would operate. But federal sources said it was Mr Bracks' responsibility to ensure the participation of Victoria Police.

Victoria's Office of Public Prosecutions would not comment on whether it would be involved in the investigations.

The Federal Opposition said it was disappointed by Victoria Police's decision.

Public accountability spokesman Kelvin Thomson said it should be involved in the investigations given commissioner Terence Cole's finding that Mr Davidson Kelly and AWB figures such as Trevor Flugge, Murray Rogers, Michael Long and Charles Stott may have breached Victorian laws.

"Victoria Police should be involved and the AFP should already be moving to put resources into the case," he said.

He also warned the Howard Government against putting pressure on authorities to "go slow" with investigations so that ministers could avoid being called to give evidence before next year's federal election.

"If the Government wants to emerge from this scandal with any shred of integrity, it will not hide these cases until after the election. It will ensure they are dealt with expeditiously," Mr Thomson said.

Former AWB figures implicated in the wheat scandal have privately vowed to "go down swinging" in any court proceedings by calling Foreign Affairs Minister Alexander Downer and others to take the stand and undergo cross-examination.

In Canberra, talks are taking place between the federal police and Mr Ruddock's department about the resources required to undertake the AWB investigations.

The federal Director of Public Prosecutions and the Australian Securities and Investment Commission are also planning their involvement.

Legal figures believe it could be two years before any court proceedings begin, with substantial evidence-gathering work to be undertaken in Australia and the Middle East.

The Cole inquiry found Tigris chief Mr Davidson Kelly may have conspired with AWB in obtaining financial advantage by deception, a crime that carries up to 10 years' jail under Victorian law. It is not suggested Mr Davidson Kelly broke any Commonwealth laws.

Mr Cole found 10 former AWB managers may have been accessories to AWB breaches under the Victorian Crimes Act and could face five-year jail sentences.

 

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