Lib could throw PM lifeline on mine tax - Sydney Morning Herald

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27 Oct 2011 ... Despair ... Shooty Vikadan. Continued Page 2. THE Commonwealth Ombuds- man's office received a report six days ago about the 27-year-old.
KARL STEFANOVIC: CLOWN PRINCE OF MORNING TV + Four weddings ... and a commitment ceremony Thursday October 27, 2011

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Dead detainee’s case file reached Ombudsman too late Kirsty Needham IMMIGRATION CORRESPONDENT ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●

THE Commonwealth Ombudsman’s office received a report six days ago about the 27-year-old Sri Lankan detainee who took his life at the Villawood detention centre on Tuesday night. The report from the Immigration Department had notified the Ombudsman that Jayasaker Jayrathana, known as Shooty Vikadan, had been detained for

two years. It should have triggered an interview of the detainee by the Ombudsman’s office. It landed on Allan Asher’s desk on the day he resigned after pressure from the federal government. The Ombudman’s office said no contact had been made with the detainee. The Immigration Minister, Chris Bowen, and Opposition Leader, Tony Abbott, yesterday described the death as ‘‘a tragedy’’. A coronial inquiry and

Lib could throw PM lifeline on mine tax Lenore Taylor and Phillip Coorey ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●

THE Liberal backbencher Mal Washer says he could support Labor’s mining profits tax, giving the Gillard government a potentially crucial vote as it seeks to get the controversial measure through Parliament. Tony Abbott has said the Coalition will oppose the tax and repeal it if it becomes law, but Dr Washer told the Herald: ‘‘I think an appropriately applied mining tax is a very good thing.’’ Dr Washer’s support could be crucial as Labor faces conflicting demands, with the Greens and some crossbench independents arguing the tax should raise more revenue, but the Tasmanian independent Andrew Wilkie is considering moving amendments sought by smaller miners that could reduce its estimated return of $11 billion over the first three years.

Rinehart warns on red tape BusinessDay + Nine planned pokie opposition News, Page 6 Mr Wilkie’s negotiating power on a separate policy was jeopardised yesterday as Labor backbenchers seized on Mr Abbott’s ‘‘prediction’’ the Coalition would oppose the independent’s plan for mandatory pre-commitment on poker machines. Mr Wilkie still insists he will withdraw his support for Julia Gillard if she does not introduce and pass the reform by May, as she promised him during negotiations to form government. But Labor backbenchers, privately against the move and under intense pressure from an $11 million grassroots campaign by Clubs Australia, say Mr Abbott’s hardened stance leaves Mr Wilkie nowhere to go. The government is working on legislation to implement the pledge, but the Herald has learnt it is also preparing detailed fallback options tackling problem gambling, in preparation for possible negotiations with Mr Wilkie. A large caucus bloc is threaten-

ing to vote against the proposal, which they say is hurting them more than the carbon tax. ‘‘You’d be hard-pressed to find a mover and a seconder for this in the caucus at the moment,’’ one backbencher told the Herald. Mr Wilkie’s fellow anti-pokies campaigner, Nick Xenophon, said Mr Abbott’s pledge may have weakened Mr Wilkie’s hand. ‘‘You’d have to say this is a tactical own-goal by Mr Abbott. It has certainly restricted Andrew Wilkie’s options,’’ the senator said. Mr Abbott linked the issue to Labor’s leadership rumblings. He said it was ‘‘very significant’’ the Foreign Minister, Kevin Rudd, had declined to comment on it ‘‘because the word around the traps is he’s using this as part of his pitch to his caucus colleagues in his bid to get the numbers’’. Clubs Australia is also linking the issue to leadership, repeatedly referring to ‘‘Julia Gillard’s’’ laws. But not everyone on Mr Abbott’s backbench is set against the idea, with Dr Washer also saying he wanted more information about how effective mandatory pre-commitment would be. On the proposed mining tax, Dr Washer, who is retiring at the next election, said: ‘‘I could potentially support a mining tax if it is reasonable because we need to take some profits out of the mining industry to assist industries that are struggling in this country. It is a two-speed economy. ‘‘I don’t have enough details yet to decide whether I will cross the floor. I could but I am not prepared to decide until I know exactly what they are proposing ... the original proposal [for a much larger resource super profits tax] for example, was stupid, so I will decide what I am going to do when I see exactly what they have got.’’ Mr Abbott has previously refused to say he would repeal mandatory pre-commitment, partly to keep Mr Wilkie onside. The opposition families spokesman, Kevin Andrews, has been asked to develop a policy focusing on voluntary pre-commitment and increased counselling. Clubs and hotels have spent $2 million on their campaign and say they have another $9 million to spend.

considered for community detention, but ASIO had given advice that ‘‘it was not appropriate in this case’’. Friends recalled a man who would rush to help the elderly Tamil volunteers who brought traditional food to Sri Lankan asylum seekers at the Villawood detention centre. ‘‘He was a gentleman,’’ said Sara Nathan. A fellow Tamil and neighbour in Villawood’s residential housing detention, Yogachandran

police investigation will be held. The death will increase pressure on the government to reduce detention times in the face of a mounting mental health toll. The Australian Human Rights Commissioner, Catherine Branson, has repeatedly called for detainees awaiting security clearance to be released on bridging visas. Mr Bowen said Shooty Vikadan was found to be a refugee in August, and had been

Rahavan, recalled ‘‘Shooty’’ entertaining his children. ‘‘He was very good with my kids. We were paralysed when we heard the news,’’ Mr Rahavan said last night, still struggling to find the words to tell his children their playmate was dead. The Rahavans, who have been refused security clearance by ASIO so must live indefinitely locked up, had planned to do something to cheer up ‘‘Shooty’’ yesterday. It was the Diwali Hindu

festival, and the detainee, anxious about his young brother and sister left behind in Sri Lanka, was devastated to discover his request to visit a friend, George, outside Villawood to share a meal for the special day had been rejected by Immigration. Ms Nathan was on the phone to the detainee’s distraught girlfriend and former detainee, Sangi, until 3am yesterday, as she broke the news that Continued Page 2

Matt O’Sullivan and Jessica Wright ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●

Despair ... Shooty Vikadan.

Police clash with coroner over investigation into drug-raid shooting death of officer

Killed in the line of duty ... William ‘‘Bill’’ Crews, from the cover of his funeral booklet. Right: Mary Jerram, the State Coroner, who is accused of exceeding her powers. Main photo: Lisa Wiltse

Saffron Howden CRIME ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●

THE NSW Police Force has accused the State Coroner of exceeding her powers and demanded that she halt a coronial investigation into the death of a police officer during a drug raid last year. It has also approached the Attorney-General’s Department about what it describes as ‘‘change in practice’’ by the Coroner’s Court overturning the ‘‘long-standing’’ arrangements where all coronial proceedings are suspended until related criminal matters are finalised. The shooting death of Con-

stable William Crews, 26, during a raid on a unit and garage in Bankstown in September last year was referred to the State Coroner, Mary Jerram. While a preliminary inquiry found a fellow police officer fired the fatal shot, a resident of the unit, 56-year-old Philip Nguyen, was charged with manslaughter almost five months ago over Constable Crews’s death. Police allege Mr Nguyen shot at officers first, causing them to return fire in self-defence. While the coroner did not go ahead with the inquest following the charge, she is continuing with the coronial investigation, which does not include public hearings.

However, in documents before the Coroner’s Court released to the Herald yesterday, NSW Police argued she could not. ‘‘What has occurred to date, [subsequent to the charging of Mr Nguyen] was beyond the power of the State Coroner and contrary to law,’’ police senior solicitor Stuart Robinson wrote in a letter dated June 30. He went on to say it would be ‘‘inappropriate’’ for the coroner to meet with any police force members about the inquest. The Crown Solicitor’s Office, assisting the coroner, disagreed. In an August letter to the police, senior solicitor Emma Sullivan said the coronial investigation

would continue and the law did not require it to be suspended. The following month, the police solicitor wrote again, saying any direction from the coroner to police investigators may be ‘‘ultra vires’’, or beyond her powers. A coronial law expert, La Trobe University adjunct professor Ray Watterson, said the continuation of the coroner’s investigation was unusual but within her rights. ‘‘Her investigation would be into a different issue – [not] guilt or innocence,’’ Professor Watterson said. ‘‘Her investigation would be into a broader issue as to how these incidents can be prevented.’’ But the police said such a practice could prejudice a trial.

Security tightens for Qantas meeting

‘‘[The Police Force] believes the change in practice recently adopted by the Coroner’s Court in seeking to continue coronial proceedings in parallel with the conduct of a criminal trial has the real risk of prejudicing that trial,’’ a police spokesman said. ‘‘There are strong public policy grounds for adhering to this long-standing practice and [the Police Force] has taken up its concerns with the Attorney-General’s Department.’’ Constable Crews’s death was mentioned briefly in the Coroner’s Court at Glebe yesterday. Mr Nguyen, charged with nine offences, is expected to face a committal hearing in December. [email protected]

POLICE, extra security officers and metal detectors will be in force at Qantas’s highly charged annual shareholder meeting tomorrow in Sydney, in an escalation of a showdown between unions and management. Just three weeks after Qantas revealed death threats against its chief executive, Alan Joyce, police will be standing by at the University of NSW venue, amid fears it could be the target of protests from unionists and groups including Occupy Sydney. With strike action today by customs officers set to severely disrupt passengers on international flights, thousands of Qantas ground staff will be holding hour-long stopwork meetings nationwide tomorrow to decide whether to escalate their strike. Negotiations between the Transport Workers Union and Qantas descended into a slanging match yesterday, a day after a union leader said the two sides were in sight of a settlement. The TWU’s national secretary, Tony Sheldon, said the negotiations broke down because management had refused to give enforceable undertakings over job security. ‘‘If the company is going to destroy Australian jobs, we are prepared to fight for it. That means industrial action where flights will be delayed or stopped . . . action that will be lasting until Christmas and beyond,’’ he said. But Qantas rejected his claims and accused the union of refusing a better offer. Hundreds of Qantas shareholders attending the meeting tomorrow will face the same security screening as when boarding planes. The highly unusual steps will include barriers to separate shareholders from protesters. The aircraft engineers’ union described it as an overreaction, saying its members simply wanted to exercise their rights as shareholders. ‘‘It is a continuation of Qantas trying to ramp up this dispute, whether it is in terms of alleged death threats or alleged chaos at airports,’’ a spokesman, Peter Somerville, said. Customs officers will walk off the job today for up to 24 hours at airports including those in Sydney, Melbourne and Perth as part of a stoush with the federal government over pay and conditions. Border protection employees working on patrol boats will also strike for the first time.

SYDNEY CITY shower or two 15°-21° LIVERPOOL showers clearing 12°-21° PENRITH showers clearing 12°-21° WOLLONGONG shower or two 14°-19° GOSFORD shower or two 12°-20° NEWCASTLE shower or two 16°-20° CANBERRA partly cloudy 6°-19° ARMIDALE showers clearing 7°-17° DUBBO partly cloudy 10°-24° COFFS HARBOUR showers 15°-21° DETAILS PAGE 30

Rate cut on the cards Regulator widens CBA inquiry

Carney’s last warning

The Reserve Bank is set to deliver the first interest rate cut in more than two years next week. The cut, worth $49 a month off a typical mortgage, would take the bank’s cash rate from 4.75 to 4.50 per cent. 씰 News — Page 3

Todd Carney’s mother had some tough words for him late yesterday, after Carney and the Sharks signed the much-talked-about two-year deal that has saved his NRL career.

The corporate regulator is investigating a number of financial advisers employed by one of the Commonwealth Bank’s businesses, Commonwealth Financial Planning. The investigation came to light yesterday, as CFP entered into an enforceable undertaking with ASIC over regulatory concerns. 씰 BusinessDay

씰 SportsDay

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