Cole Inquiry
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The Cole Inquiry or more properly the Inquiry into certain Australian companies in relation to the UN Oil-For-Food Programme is an inquiry set up by the Government of Australia under the Royal Commissions Act 1902 in November 2005 to inquire "whether decisions, actions, conduct or payments by Australian companies mentioned in the Final Report (“Manipulation of the Oil-for-Food Programme by the Iraqi Regime”) of the Independent Inquiry Committee into the United Nations Oil-for-Food Programme breached any Federal, State or Territory law.'
The Royal Commissioner is Terence Cole QC a former Judge of Appeal of the New South Wales Supreme Court. Cole is supported by John Agius SC, Counsel Assisting and three other barristers, Gregory Nell, Michael Wigney and Miles Condon.
The Cole Inquiry is the second Royal Commission Cole has headed. In 2001 he was appointed to conduct the Royal Commission into the Building and Construction Industry. This was widely preceived to be a highly "political" inquiry as it was believed that it represented part of the conservative Federal Government's attack on the power of unions in the building industry in particular and in Australia generally. In the end result the final report of the commission delivered in 2003 was less damaging to unions than they might have feared or the Government might have hoped. (The 2001-2003 Royal Commission is commonly referred to as the "Cole Royal Commission" hence to avoid confusion the 2005 Royal Commission is commonly referred to as the "Cole Inquiry".)
Hearings
The following persons and entities were granted leave to be represented by counsel before the Royal Commission:
These were the three Australian companies mentioned adversely in the UN report.
Prior to the public hearings the commission held a series of closed hearings in December 2005 and January 2006. Some witnesses who were examined in the closed hearings are also giving evidence in the public hearings.
The commission's public hearings commenced on 16 January 2006. Notwithstanding some public comment that Commissioner Cole's inquiry would not be rigorous because of his perceived close associations with the conservative side of politics, such fears were soon disabused. During the first six weeks of public hearings evidence led by Agius and cross examination by him of witnesses brought out a series of revalations that showed the conduct of AWB Limited's executives and directors in a very poor light. Apart from interrupting assisting counsel's question to ask witnesses his own probing questions, Cole frequently made reproving comments about the behaviour and evidence of witnesses particularly those in responsible and often highly remunerative positions with AWB Limited and the Wheat Export Authority, who among other things frequently claimed memory loss, inability to locate diaries and notes and notoriously, in the case of former AWB Limited board chairman Trevor Flugge, hearing loss.
On 6 February 2006 the inquiry's terms of reference were extended to include the activities of companies in the BHP Billiton Group and associated companies in relation to the Oil for Food Program.
On 16 February 2006 Commissioner Cole took the unusual step of inviting broadcast media into the inquiry's hearing room to record an invitation to anyone with information about kickbacks or the Iraqi oil-for-food scandal to appear before his inquiry. Cole emphasised that this appeal applied to anyone saying: "I am extending a specific invitation to any Member of Parliament, any member of the media, any public servant, or any member of the public who believes that they have information relevant to this aspect of the inquiry to provide any such information to those assisting me". ([1] Broad Band Video Clip from ABC TV)
On 2 March 2006, the patience of the commission appeared to be wearing thin when counsel assisting, John Agius, threatened to serve search warrants on AWB Limited following claims of memory lapses and loss of documents by a former company manager, Andrew McConville. This was countered by counsel for AWB Limited who suggested that the search for documents by the company was being conducted in a rigorous manner and at considerable expense.
On 3 March 2006, Cole applied for the inquiry's terms of reference to be amended to extend the period of the inquiry for up to two months (ie. from the end of March to May 2006). Prime Minister John Howard indicated the government's agreement to this request two days later.
Prime Minister John Howard was asked to write and submit a statment in regards to this matter, and was cross examined over on the 13th of April. Howard previously stated to the Sydney Morning Herald "If asked I will naturally be happy to appear." "I've said all along that this is an utterly transparent process, which is not protecting the Government, which is designed to get to the truth of this matter and I am more than happy to comply with the request made by the commission."
External links
- Websites relevant to the Cole Inquiry
- Inquiry into certain Australian companies in relation to the UN Oil-For-Food Programme - inquiry's website
- Wheat Export Authority
- Royal Commissions Act 1902
- Independent Inquiry Committee into the Oil for Food Programme - Volker Inquiry website
- Commentary published on the internet about events at the Cole Inquiry
- "More than a cuckold" - commentary by Caroline Overington in The Weekend Australian - 4th March 2006
- "This inquiry is only half the job" - commentary by barrister Richard Ackland in Sydney Morning Herald 14th April 2006
- "Deceit by the truckload" - in depth report on the Cole Inquiry and the evidence before it by David Marr and Marian Wilkinson in Sydney Morning Herald 14 April 2006 (Part 2)
ABC Four Corners Program Cash Crop Part Two 17th April 2006 ([2])