Wednesday, 9 April 2014

How witnesses protect themselves when appearing before a NSW Independent Commission Against Corruption investigation hearing


Alan Moir at www.moir.com.au


By way of example……………………….

NSW Independent Commission Against Corruption


Reference: Operation E12/2107/0821  

AT 10.00AM

THE COMMISSIONER: Yes, Mr Watson.

MR WATSON: I call Arthur Sinodinos.

THE COMMISSIONER: Yes. Just take a seat, Mr Sinodinos. Do you appreciate - I know Mr Bannon you appear for Mr Sinodinos. Do you appreciate, Mr Sinodinos, that I can make an order under section 38 of the Act which operates as a blanket objection and relieves you of the obligation to take objection to each and every question - - -

MR SINODINOS: Yeah.

THE COMMISSIONER: - - - and because your answers are given under compulsion then the order protects you from the use of your answers against you in civil or criminal proceedings but not in relation to any false or misleading evidence you might give. You understand that?

MR SINODINOS: Yes.

THE COMMISSIONER: Pursuant to section 38 of the Independent Commission Against Corruption Act, I declare that all answers given by this witness and all documents and things produced by this witness during the course of the witness’s evidence at this public inquiry are to be regarded as having been given or produced on objection and accordingly there is no need for the witness to make objection in respect of any particular answer given or document or thing produced.  

PURSUANT TO SECTION 38 OF THE INDEPENDENT
COMMISSION AGAINST CORRUPTION ACT, I DECLARE THAT
ALL ANSWERS GIVEN BY THIS WITNESS AND ALL
DOCUMENTS AND THINGS PRODUCED BY THIS WITNESS
DURING THE COURSE OF THE WITNESS’S EVIDENCE AT THIS
PUBLIC INQUIRY ARE TO BE REGARDED AS HAVING BEEN
GIVEN OR PRODUCED ON OBJECTION AND ACCORDINGLY
THERE IS NO NEED FOR THE WITNESS TO MAKE OBJECTION
IN RESPECT OF ANY PARTICULAR ANSWER GIVEN OR
DOCUMENT OR THING PRODUCED.

 THE COMMISSIONER: Would you like to be sworn or affirmed, Mr Sinodinos?

MR SINODINOS: Ah, sworn thanks.

THE COMMISSIONER: Thank you.

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