The Supreme Court of Victoria has thrown out perjury charges brought against former Police boss Noel Ashby because the then OPI director and Victorian Ombudsman George Brouwer failed to delegate his powers to the lawyer conducting the hearing.
Brouwer’s error has cost taxpayers many millions of dollars on a completely unnecessary and farcical process.
It is the kind of wasteful and incompetent mal-administration Brouwer is meant to guard against as Ombudsman.
As Ombudsman, he is one of the highest paid public officials in Victoria, receiving a package that’s the best part of $8000 per week.
And it’s a sweet gig too. He answers to no-one. He cannot be sacked without a vote of Parliament.
He has a crew of fifty on his staff, comprising bent cops, misfits and chip-on-shoulder types who couldn’t cut it in a real job.
Those who insist Ashby got off on a technicality miss the point. He couldn’t have committed perjury as such because he wasn’t legitimately sworn in at all.
You don’t get charged for lying over a latte (just as well in the Spring Street precinct), only if you swear to tell the truth, so help you God etc.
So this has been a fiasco of epic proportions. And it’s much more than a legal technicality, it was a fundamental failure.
George Brouwer has failed. And not for the first time. While he is too shameless to resign, it’s high time politicians on both sides were willing to stand up to this clown. His recommendations are taken as scripture by journalists – particularly The AgeBC ones – and implemented with scarcely a thought by a government too craven to call bulldust when they see it.
The current situation where local government councillors are banned from working as electorate officers or for ministers is one of many examples of Brouwer’s folly.
He is former Premier John Cain’s mate. Sipping tea near the Paris end of Collins Street, having conspiratorial chats with Labor’s most disastrous former leader.
The self-righteous brigade in politics, led by people like Cain, Brouwer and their spear-thrower savage Eric Dearricott have been dealt a serious blow today. They are first to condemn the slightest failing in others and yet stubbornly refuse to ever be accountable for anything.
Bully Hulls how about fixing this one
George Brouwer must be investigated his political ties are clearly unacceptable.Time after time he has demonstrated that he operates politically and answers to no one . Its about time this highly paid political office headed by Brouwer is publicly investigated.
Justice Osborn said that in his view Mr Brouwer failed to follow usual practice set up in the legislation and therefore the “hearing was not conducted before a competent tribunal of law’’.
And who watchers the watchers?
Or is Brouwer completely unaccountable?
Yet again must I say what does Rob Hull’s charter of human rights stand for? Why is the Victorian Ombudsman exempt from all of the state’s so called anti-discrimination laws? What about discrimination against Ashby? And the Suleyman’s? Maybe I can help you Hullsy, I am personally giving you the definition of the word JUSTICE “The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law.” Rob Hulls does not have a leg to stand on. This is just another Brumby government disgrace.
Brumby & Hulls why are you silent on Brouwer, what has he got over you???
The Ombdusman will soon appear before the upper house Standing Committee on Finance and Public Administration http://www.parliament.vic.gov.au/council/SCFPA/DAPO/
Another Brumby/Hulls fiasco.To appoint a lefty to investigate people who dare to challenge the word of the Govt is akin to a Gestapo base on Spring St. No wonder the police association took on the case they knew how much of a stuff up it really was. Just goes to show how bad Linnell’s legal team was. Bet he is cursing them now.
Who’s smiling now…:)
Is the former OPI director George Brouwer going to be held accountable?
This is just another travesty for the Brumby government. Just another witch hunt gone wrong, with Victorian Ombudsman George Brouwer head of the pack. This was just another Brower slip up and yet again unable to get the job done. The only thing proven is that Brower achieves absolutely nothing and wastes millions. Now who will investigate Brower and Macallach for another witch hunt? The only victims hear are the front line men and women who pay millions of taxes a year for Brumby government witch hunts. One thing we do all agree with Baillieu is that Victoria has a law and order problem and guess what Baillieu it starts right at the top of the pack.
He said those questions related to former police chief commissioner Christine Nixon, current police chief Simon Overland, police assistant commissioner Luke Cornelius, former OPI deputy director Graham Ashton and former OPI director George Brouwer.
“If (Premier) John Brumby won’t proceed now with an open, public inquiry he then gets embroiled into what a lot of people perceive was just a politically motivated campaign against me and others.
That’s all this whole case was another “politically motivated campaign”
Open public inquiry for the Ashby and Brimbank cases.
You wouldnt dare Rob Hulls.
The bottom line is Ashby and Mullett are shonky, dishonest crooks I so wish them both a personal tragedy.
When will Brouwer lose HIS job ? Mullett, Ashby, Kossmann, and so many others from Brimbank have had their reputations tarnished. And for what ? Nothing. Mr Brouwer when your shonky investigations are tested in courts of law you are exposed for the shonk that you are. And the same goes for Brumby. Both Brumby and Brouwer NEED TO GO. And what about the so-called Brimbank Scandal ? Not one charge. And where’s our Charter of Rights ? Rob Hulls you are the biggest shonk of all.
The OPI was set up by the Government for political mileage only….the DPP told the OPI and the governmenrt several years ago that none of the evidence obtained by the OPI was admissable, why, because no rules of evidence apply….the evidence from the hearings isn’t admissable because you have no right to silence, legal reprentation or right to cross examine….the only thing that the OPI does is charge police with perjury if they don’t agree with their answers, so really all the OPI does is get news for the government to use about how tough they are on police ‘corruption’, Hulls, and Overland must go, and Brouwer must be sacked, our legal system is a shambles and police morale at a low because we have headline hunters in senior roles.
When will Brouwer lose HIS job ? Mullett, Ashby, Kossmann, and so many others from Brimbank have had their reputations tarnished. And for what ? Nothing. Mr Brouwer when your shonky investigations are tested in courts of law you are exposed for the shonk that you are. And the same goes for Brumby. Both Brumby and Brouwer NEED TO GO. And what about the so-called Brimbank Scandal ? Not one charge. And where’s our Charter of Rights ? Rob Hulls you are the biggest shonk of all.
Brumby….. Bite the Bullet and bring on the Anti Corruption Commission……. Oh! Why are you so scared to adopt the same process as other states. Your silence is deafening and seems like the “Guilty Party” all over again. What is your problem? Would it be kept busy investigating your government? People like Rob Hulls appointing his former media advisor to key government boards or people like George Brower doing all your dirty work? The whole thing was a witch-hunt from the beginning. Political shenanigans at the highest levels of VicPol and Premier’s office.
If EVER I saw a development in this State to overwhelmingly justify the immediate establishment of an Independent Commission Against Corruption, then this is it.
The politicisation which Brouwer has brought to EVERY position he has held in this State is simply breathtaking. And unforgiveable. Add to that his staggering incompetence to actually achieve a result, and the case for HIS dismissal is patently clear, AND the case for an ICAC is equally glaring.
Ted Baillieu, where is YOUR pronouncement today on this issue, that YOUR Government will do this within 90 days of coming to office? Or have I missed you on the media because of your foot-in-mouth statements on racism stealing all your media oxygen?
DILL!!
Cheers,
Observer
and what of the age’s role in all this? one hopes they’ve been acting independently, and not used by an arm of government to assist in investigations
When we finally get an ICAC watch the rats jump off the ship. Rob Hulls and his mates will certainly have something to explain when it does happen. Wonder if he had words with Nixon over an assault matter for his missus!
I would like to know how they intimidated Stephen Linell and why did they bring his case on first.He is a family man and if threatened with prison I am sure he would say what they wanted him to protect his family wouldn’t you.
By the way who and when are they going to investigate the loss of millions squandere by the command on the IT systems and where is Christines comments on this.Who signed off on the contracts.Needs more investigation not a oneday wonder in the newspapers.
Why wasnt a Barrister prosecuted for slapping a Police officer in court?
When is George Brouwer going to be held to account ? And when are people going to start discussing why this jerk has been able to act in the manner that he has. The answer lies in the powers that have been given to both the OPI and the Ombudsman. And MOST IMPORTANTLY, why do all these dunder heads talk about an ICAC like it will be some kind of saintly providence donated from God ? Let me explain. Brouwer has been able to act in the way that he does because of the POWER THAT HAS BEEN BESTOWED TO HIM. This includes: 1. No automatic right to a solicitor when being interrogated; 2. No right to obtain recordings of interviews; 3. No right to make complaints to an independent third party if you have a grievance about process or conduct. 4. No scrutiny by parliament. 5. No protection or redress for those named in reports. 6. No rules of evidence, and few rules of natural justice. Does anyone think an independent ICAC without these constraints will act in the same manner ? Get real idiots.
Here’s the thing about Stephen Linnell. He’s a total prick. First, he ratted on his mates. Second, now he wants to be cleared after admitting guilt. And third, he edits a paper that goes after people’s reputations with the same superficial thoroughness that was used against him. Mr Linnell – you have NO CREDITABILITY. What if Ashby or Mullett had folded as easily ? Brouwer would now be a hero rather than being exposed for the shonk that he is. The Star Newspaper should do the right thing and SACK THIS GUY.
Have they built the Sunshine pool yet ?
Ashby and co are not innocent little darlings, but even they deserve justice.
As one who has been scrutinized by Brouwer’s SS, it is a scary event, with civil rights out the window and threats of contempt of court being thrown at you, if you dare to question the process.
Both Labor and the Libs, just do what Brouwer wants; does he have photos of John and Ted on a lost weekend !!
george brouwer was head of DPC under cain, an intimate partner in running the state into the ground. he started the rot with bureaucratic spin by insisting all his cardigans had read the papers by 8am so they could prepare responses to issues that might embarrass the government. before that it was the job of ministerial advisers to counter bad press. brouwer presided over the first & largest wave of politicisation of the servants of the public. he is a man of spin, not substance, & his failure to make a stand against the ALP’s successful efforts to trash the state makes him unfit for public office. probably why he was appointed – another labor mate gets a cushy job. move along. nothing to see here. you can bet some minion will be caned for the ashby debacle
O you Evil Bastard; not disagreeing with you, but can you account for the fact that the Libs role over for George as well. What does he have over all of them?
O you Evil one; not disagreeing with you, but can you account for the fact that the Libs role over for George as well. What does he have over all of them?
FAMILIES of victims killed by drunk drivers are outraged at the appointment of a convicted drink-driver as Victoria’s newest magistrate.
Lawyer John O’Callaghan was appointed by Attorney-General Rob Hulls, who has been accused of undermining his government’s road safety campaign.
Mr O’Callaghan lost his licence in 2003 after being caught behind the wheel with a blood alcohol content of .07 per cent.
Penny Martin, whose son Josh died at the hands of a drink driver in 2001, said she was sickened by the appointment.
“Politicians have no understanding of road trauma and this proves it,” she said.
“This appointment makes me sick to the stomach because it will just verify to the drunk driver in the death of my son that the Government doesn’t view this as seriously as they should.”
Start of sidebar. Skip to end of sidebar.
Magistrate controversy
Is it appropriate that a convicted drink driver was appointed as a magistrate? Yes
No Vote now End of sidebar. Return to start of sidebar.
The Attorney-General’s Department and the Magistrates Court refused to give the Herald Sun any details of Mr O’Callaghan’s offence.
The penalty for blowing .07 is an automatic loss of licence for six months.
The appointment comes after a shocking series of alcohol-fuelled road deaths.
More than 8500 drink driving cases went before magistrates’ courts last year.
Opposition justice spokesman Robert Clark questioned whether Mr O’Callaghan should be able to preside over cases involving drink drivers.
“Rob Hulls faces a big task to convince Victorian families who have been the victims of drink driving that he has appointed the most suitable applicant for the job,” he said.
Victims of crime advocate Noel McNamara was angered by the appointment.
“It’s bizarre. It’s disgusting. It’s outrageous.” he said.
Mr Hulls said Mr O’Callaghan disclosed the offence and had become an advocate of responsible driving.
He was unable to say if any other magistrates had convictions.
Law Institute of Victoria chief executive Michael Brett Young said convictions should not disqualify people from public life.
You know something it is not what you know but who you know. I think it is time we had a Royal ommission into the wastage of Public Money. If these people were brought to task for t6heir action things might be different. I am sure if the head of a company mismanaged money the way politicians and Police Command have they would be sacked.The Myki card the Police IT squander.After all it is our money they squander and we are their bosses we employ them so we have the right to know where the money has gone and who was responsible for the loses.I would like to see the detail report of the money spent on these two issues.
I dont have a problem with him being appointed even with his conviction I just hope he doesnt have a political past that would make it seem like a mates job.Seems to me that Hulls has a special liking for Law Institute cadets!!
What a rort this fascist is.
An extensive petition was forwarded to this martinet in recent times, outlining gross departmental misconduct ranging all the way from select field officers through to those at the top.
Georgie’s response? Well, nothing less than Machiavellian. After having spoken to the malfeasant egomaniac seated near the pinnacle of that corruption, in turn, little Georgie accepts that that certain department’s mal-conduct was justified in light of the exculpatory (unfounded and untested) allegations it made in turn against the complainant.
The Ombudsman’s Office then went to formally dismiss the complaint on plainly prejudicial grounds.
What Georgie does next to obliterate the slime trail is further remarkable. Upon certain department instructing one of its looney tune acolytes to head up a ‘complaint about the complainant’, little Georgie then has the road paved to totally neglect the indictments that had previously invited his ailing fame to the table in the first place.
The mere fact that the Terms of Reference of the Ombudsman’s own Act forbids his office’s involvement should not be seen as a thwart either.
Though the subsequent allegations conveyed to Georgie smack of ad hominem fantasy, he fails to acknowledge that simmering tidbit, which can only point to two conclusions, in that the guy is insidiously bereft of good judgement or patently corrupt. Given the desperate flair to his reports, it can safely be concluded that the latter has prominence over the former.
It gets better (read worse). Georgie goes on to decree that his report derives from an “investigation” conducted by his office. A totally absurd notion given that his report, in reality, is nothing more than a review of the files as “made available” to him, selectively and slanted. Further to that, his office fails natural justice more so by not rendering ‘the soon-to-be-named before parliament’ the according procedural fairness.
Justifiable requests for materials are denied, his biased report is then tabled on the face of a so termed investigation. Parliament, the media and the misinformed public, generally take for granted whatever this guy says and does.
Sound familiar?
Anyone in Victoria who has the misfortune to encounter the crinkled tin-god, be afraid, be very afraid…