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Re: DPP dubs labour stooges as ruthless and grubby

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Green Lantern

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Mar 27, 2008, 5:51:45 AM3/27/08
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"Sir John Howard" <sirjh...@gmail.com> wrote in message
news:95c13ca0-0f87-434f...@s13g2000prd.googlegroups.com...
> Ruthless and grubby: DPP lashes Morris Iemma's team
>
> http://www.smh.com.au/news/national/ruthless-and-grubby-dpp-lashes-morris-iemmas-team/2008/03/26/1206207207272.html
>
> THE Director of Public Prosecutions, Nicholas Cowdery, has dumped a
> bucket on the Iemma Government, describing it as "ruthless", guilty of
> "grubby" tactics and saying it has "crucified" his office.
>
> In an interview with the Herald, Mr Cowdery also said he believed the
> Premier, Morris Iemma, was controlled by backroom powerbrokers and
> that the Attorney-General, John Hatzistergos, was a "micro-manager"
> who had lost sight of the "bigger picture".
>
> The interview came in the wake of an Auditor-General's report, ordered
> by the Treasurer, Michael Costa, which found the Director of Public
> Prosecutions' office had failed to demonstrate it was efficient and
> that over the past five years its budget had been increased by 40 per
> cent while its caseload fell 30 per cent.
>
> The Government will use the report to place a politically appointed
> executive director in the office to manage finances, with the position
> to have the same status as a deputy director of public prosecutions.
>
> Mr Cowdery expressed concern at that appointment, saying it could lead
> to the DPP's independence being compromised and endanger politically
> sensitive cases such as the recent conviction of the former minister
> Milton Orkopoulos for child sex offences.
>
> Mr Cowdery blamed legislative changes, public sector pay rises and
> difficult cases for the figures produced in the report. He said the
> budget had been increased because it was previously inadequate and
> said the report should have focused on workload, rather than caseload.
> He said in the past year there had been a 15 per cent increase in
> caseload.
>
> Mr Cowdery said he and his staff had been "targeted" and "crucified"
> by Mr Costa, who wrote to the Auditor-General requesting the report.
>
> "It seemed to me from the request that Costa made to the Auditor-
> General that he was looking for some basis for criticism of this
> office," Mr Cowdery said. "Despite the words that are spoken from time
> to time, the Government is not comfortable with the idea of an
> independent office of the DPP making prosecution decisions
> independently of outside influence.
>
> "Certainly since the last election there has been a refocused
> targeting of me and independent prosecutors."
>
> He pointed to laws introduced last year establishing limited periods
> of tenure for his successor and crown prosecutors, "the continuing
> refusal to acknowledge we are in financial difficulty in this office",
> and "the suggestion there should be an executive director appointed"
> as ways his office was undermined.
>
> Mr Cowdery accused Mr Hatzistergos and his office of exerting
> "constant pressure by correspondence and otherwise" on him and his
> office.
>
> "My experience with the Attorney-General has been that he likes to
> micromanage the activities of the agencies in his portfolio and
> particularly this office and my concern is that in that
> micromanagement he may lose sight perhaps of the bigger picture that
> policymakers need," Mr Cowdery said.
>
> Asked his opinion on the Premier, Mr Cowdery said that he had never
> met him but "my view is that he probably acts at the urging of others
> behind the scenes rather than establishing his own agenda and running
> with it".
>
> He said Mr Costa was "a very determined and forceful individual who
> likes to get his own way".
>
> Mr Cowdery said the appointment of an executive director would lead to
> the "politicisation" of his office with a "political appointment to a
> senior managerial position".
>
> "The public needs to know that there will not be outside influences,
> perhaps subtle ones ... pushing the decision-making and the prosecution
> process in particular directions or even in particular cases," he
> said.
>
> "The possibility would be there of an administrative person, a
> manager, being privy to legal information ... perhaps having some
> influence of the resources applied to dealing with particular
> matters."
>
> Mr Cowdery accused the Government of a "grubby and unjustified" attack
> against the shadow attorney-general and former deputy director of
> public prosecutions, Greg Smith, over his handling of the case
> involving the former deputy senior crown prosecutor Patrick Power
> being found to possess child pornography.
>
> The Police Minister, David Campbell, at the behest of the Premier's
> office, flayed Mr Smith in Parliament last year over his actions in
> informing Mr Power of the discovery before informing police.
>
> Mr Smith, after consulting Mr Cowdery, called in Power last July after
> child pornography was found on Power's work computer. He questioned
> him about it before allowing him to leave. Mr Smith then called in
> police.
>
> Mr Cowdery conceded yesterday that perhaps "other views" to the
> actions of himself and Mr Smith on the Power matter were the "the
> right way to go" and added that "we've conceded that we'll take
> different action in the future".
>
> But he said of the attack on Mr Smith that it was "very unfair,
> improper and out of place".
>
> He said of the Government in general: "I think ruthless is a fair word
> to describe it. There is little room for give and take when the
> Government has a particular idea of what we should be doing. Recent
> experience is that it just keeps insisting that things be done until
> they are done."
>
> He made a joke during a photo session that he felt as if he was being
> crucified at Easter time and then confirmed in the interview that was
> how he felt.
>
> "It's ironic [the report] comes after Easter but ... [it] will have a
> serious effect on morale in the office. The lawyers in this office
> already feel that ... the whole office has been singled out for
> unfavourable treatment and this will only make those feelings worse."
>
> Mr Cowdery admitted that overseas travel he had regularly undertaken
> at taxpayer expense to attend conferences in his 13 years in the job
> had not helped his "cause in the public eye or political eye".
>
> But, he said "the reality is those overseas trips that have been made
> have all been with the approval of the attorney-general at the time"
> and had all been "looking at ways of improving our methods of
> enhancing the service we provide here".

Did Iemma host an Ideas Summit when he came to power ? If so, the only idea
that arose was to fuck everything up. I wonder if that will be the outcome
of KRudd's Ideas Summit ?

Sir John Howard

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Mar 27, 2008, 6:02:59 AM3/27/08
to
Green Lantern wrote:

No, Iemma had that idea all along! No doubt KRudd will follow suit.

David Moss

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Mar 27, 2008, 7:10:37 AM3/27/08
to
In article <95c13ca0-0f87-434f-819a-
be58f5...@s13g2000prd.googlegroups.com>, sirjh...@gmail.com
writes...

> Asked his opinion on the Premier, Mr Cowdery said that he had never
> met him but "my view is that he probably acts at the urging of others
> behind the scenes rather than establishing his own agenda and running
> with it".

"probably"?

Just what we need in a DPP head, someone who jumps to conclusions
without worrying about gathering evidence.

Not to mention that publicly criticising the government is about the
worst thing a Public Servant can do.

Cowdery should get himself a copy of:
http://www.amazon.com/What-Color-Your-Parachute-2004/dp/1580085415

--
DM
Eristic extraordinaire
personal opinion only
The Australian Politics Resource
http://politics.sunnybar.dynip.com

Bob Hawke

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Mar 27, 2008, 2:06:41 PM3/27/08
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"David Moss" <q032...@mail.connect.usq.edu.au> wrote in message
news:MPG.22561da7b...@news.bigpond.com...

David - you really are twisted.

Nick Cowdry has a long standing reputation of being independent and is
looked up to by most of Australia's top barristers.

Not like the incompetent one Qld has and the former Qld corrupt Royce
Miller.

The Iemma govt is in crisis over NSW ALP caught practising paedophilia.

My information is that there is one Rudd minister who was a former ALP state
pollie who islso being investigated for paedophilia.

What better way to cover up this hineous crime than to starve the DPP of
resources.

Then David you support the cover-up of paedophilia. - don't you?


John Phillips

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Mar 27, 2008, 3:26:46 PM3/27/08
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On Thu, 27 Mar 2008 18:06:41 GMT "Bob Hawke" <bobh...@bigpond.com>
wrote:

> My information is that there is one Rudd minister who was a former
> ALP state pollie who islso being investigated for paedophilia.

Gillard or Wong?

Sir John Howard

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Mar 27, 2008, 7:52:18 PM3/27/08
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John Phillips wrote:

ha ha ha!

Bob Hawke

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Mar 27, 2008, 9:00:36 PM3/27/08
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no Debus

"Sir John Howard" <sirjh...@gmail.com> wrote in message
news:92da0ff8-d912-4a40...@k13g2000hse.googlegroups.com...

Bob Hawke

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Mar 27, 2008, 9:05:37 PM3/27/08
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"David Moss" <q032...@mail.connect.usq.edu.au> wrote in message
news:MPG.22561da7b...@news.bigpond.com...

David - You have no idea of how government is supposed to work.

The DPP is supposed to be an idependent office separtate from the public
service.

You have no understanding at all of the so called Westminster system and the
separation of powers.

Niether does the ALP for that matter despite what they claimed at the Si Joh
perjury trial.


Horry

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Mar 27, 2008, 9:25:23 PM3/27/08
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On Fri, 28 Mar 2008 01:05:37 +0000, Bob Hawke wrote:

>
> "David Moss" <q032...@mail.connect.usq.edu.au> wrote in message
> news:MPG.22561da7b...@news.bigpond.com...
>> In article <95c13ca0-0f87-434f-819a-
>> be58f5...@s13g2000prd.googlegroups.com>, sirjh...@gmail.com
>> writes...
>>
>>> Asked his opinion on the Premier, Mr Cowdery said that he had never
>>> met him but "my view is that he probably acts at the urging of others
>>> behind the scenes rather than establishing his own agenda and running
>>> with it".
>>
>> "probably"?
>>
>> Just what we need in a DPP head, someone who jumps to conclusions
>> without worrying about gathering evidence.
>>
>> Not to mention that publicly criticising the government is about the
>> worst thing a Public Servant can do.
>>
>> Cowdery should get himself a copy of:
>> http://www.amazon.com/What-Color-Your-Parachute-2004/dp/1580085415
>
>

> David - You have no idea of how government is supposed to work.
>
> The DPP is supposed to be an idependent office separtate from the public
> service.

The DPP exercises certain prosecutorial powers independently.

He doesn't have some roving commission to offer commentary on political
matters. Some of his comments aren't even related to the politics of
criminal justice.


> You have no understanding at all of the so called Westminster system and the
> separation of powers.

Within which branch does the office of DPP fall?

Within which branch does the office of Premier fall?

The doctrine of separation of powers has nothing to do with this.


Freckle

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Mar 27, 2008, 9:49:33 PM3/27/08
to

"Sir John Howard" <sirjh...@gmail.com> wrote in message
> Asked his opinion on the Premier, Mr Cowdery said that he had never
> met him but "my view is that he probably acts at the urging of others
> behind the scenes rather than establishing his own agenda and running
> with it".
>

These criminals have to go. It's unfortunate that the Liberals are
un-electable and we have no alternative


David Moss

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Mar 28, 2008, 5:02:39 AM3/28/08
to
In article <RmRGj.3314$n8....@news-server.bigpond.net.au>,
bobh...@bigpond.com writes...

Irrelevant. He's currently a Public Servant and the public service
neither praise nor criticise the people's elected representatives.

> Not like the incompetent one Qld has and the former Qld corrupt Royce
> Miller.

Again irrelevant. Public servants are supposed to serve the people by
carrying out the policy of the government without fear or favour. They
are not supposed to try to affect the policy process by criticising
elected representatives. They are just there to provide advice and carry
out government policy.

> The Iemma govt is in crisis over NSW ALP caught practising paedophilia.

Irrelevant. The DPP obviously did its job properly because the criminal
was successfully prosecuted.

> My information is that there is one Rudd minister who was a former ALP state
> pollie who islso being investigated for paedophilia.

Its amazing who gets investigated for pedophilia. Its the kind of crime
where even an accusation causes political damage. A bit like buggery in
Malaysia.

> What better way to cover up this hineous crime than to starve the DPP of
> resources.

Crap. The DPP gets to decide what to pursue regardless of funding. It
could well drop the charges against a thousand jaywalkers to fund a high
profile pedophilia prosecution. You can't stop a particular case
proceeding by turning down the money tap to the whole department.

> Then David you support the cover-up of paedophilia. - don't you?

Do I?
You would have to present some fairly solid evidence to support a charge
like that. Back it up or back down big boy!

Horry

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Mar 28, 2008, 9:00:45 AM3/28/08
to

Strictly speaking, he's an independent statutory officeholder.


> neither praise nor criticise the people's elected representatives.

He certainly should critcize the people's elected representatives if they
attempt to interfere with his performance of his statutory functions.

In this instance, Cowdery strayed beyond criticism of that nature.


>> Not like the incompetent one Qld has and the former Qld corrupt Royce
>> Miller.
>
> Again irrelevant. Public servants are supposed to serve the people by
> carrying out the policy of the government without fear or favour.

It's not Cowdery's job to carry out the Government's "policy". He has to
exercise his own, independent, judgment.


> They
> are not supposed to try to affect the policy process by criticising
> elected representatives. They are just there to provide advice and carry
> out government policy.

You need to read the NSW DPP Act. That's NOT why Cowdery is there.


>> The Iemma govt is in crisis over NSW ALP caught practising paedophilia.
>
> Irrelevant. The DPP obviously did its job properly because the criminal
> was successfully prosecuted.

What do you mean by "successfully prosecuted"? Presumably (unless you're
question-begging), you mean "convicted".

If you do mean that, "successful prosecution" is not a satisfactory test
of the DPP's office job performance. It's far too simplistic (think of
the Mallard case in WA).


David Moss

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Mar 30, 2008, 12:35:58 AM3/30/08
to
In article <95c13ca0-0f87-434f-819a-
be58f5...@s13g2000prd.googlegroups.com>, sirjh...@gmail.com
writes...

> Ruthless and grubby: DPP lashes Morris Iemma's team


>
> http://www.smh.com.au/news/national/ruthless-and-grubby-dpp-lashes-morris-iemmas-team/2008/03/26/1206207207272.html
>
> THE Director of Public Prosecutions, Nicholas Cowdery, has dumped a
> bucket on the Iemma Government, describing it as "ruthless", guilty of
> "grubby" tactics and saying it has "crucified" his office.

Here's a possible reason for the dummy spit:

Office overhaul: DPP told to clean up act
Posted Wed Mar 26, 2008 12:29pm AEDT
Updated Wed Mar 26, 2008 2:07pm AEDT

The New South Wales Auditor-General has handed down a critical report
into the office of the Director of Public Prosecutions (DPP), saying
there needs to be an overhaul of how it is run to make it more
accountable.

In a report tabled in Parliament, Peter Achterstraat has recommended the
appointment of a senior, professional manager who would report directly
to the DPP, Nicholas Cowdery QC, and introduce better management and
accountability systems.

Treasurer Michael Costa commissioned the report after the DPP complained
planned budget cuts would have an impact on prosecutions.

But Mr Achterstraat says the DPP's office needs to be more accountable
about the way it spends its budget.

"The office of the DPP advise us that there's much more work to be done
in relation to each case and that's why it's more expensive," he said.

"We had no evidence to either support or rebut that claim."

Mr Achterstraat says in the past five years, the DPP office's case and
trial load has fallen by 30 per cent while at the same time its budget
has increased by 40 per cent.

"The office of the DPP has the independence to make prosecutorial
decisions without fear or favour," he said.

"This is a cornerstone of our justice system, however this independence
does not remove the obligation for the office to manage its public
resources appropriately."

Attorney-General John Hatzistergos supports the idea of an executive
director and says the position will be created right away.

"Additional resources will be committed by the Government to fund that
position," he said.

"It will be recruited in the normal way through the office of Premier
and Cabinet."

He says it will not impact on the office's independence.

"The independence of the DPP is statutorily protected," he said.

But Greens MP Lee Rhiannon does not agree.

"Clearly if such a position controls the purse strings that will impact
on how justice is delivered in NSW," she said.

In the report, Mr Cowdery agreed with most of the recommendations and
said many of them are already being implemented.

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