The bracket of evidence about the Government's knowledge about AWB's oil-for-food contracts has ended with the examination this week of the Deputy Prime Minister and Minister for Trade Mark Vaile (here, p75), the Foreign Minister Alexander Downer (here, p46) and the Prime Minister John Howard (here, p2).
Regardless of the political consequences (some performed better as witnesses than others and the administrative failings of some were exposed), the bottom line is that AWB did not get much comfort from the evidence as shown by an exchange during Mr Downer's examination and an interview Mr Howard gave to the 7.30 Report on 13 April, both of which suggest the Commission may find that AWB mislead the Government.
This exchange during Mr Downer's examination (asking why his office didn't follow up inquiries with AWB):
"Q. The evidence, as I understand it, is that the inquiry extended to reading to him or conveying to him the contents of the Moules cable and receiving a response, "This is bullshit", together with an emphatic denial, and that was the extent of the inquiries made by Mr Bowker. Do you
regard that as satisfactory conduct?
MR ROBERTSON: I object to that question.
MR AGIUS: I object to that question, Mr Commissioner. That question may have relevance if there was any possibility at that time that, if Mr Bowker had conducted his inquiry differently, AWB would have given him a different response. The problem with all of this examination is, if I may say so, with respect, which is why I did not embark upon it, all through this time AWB was denying that it had done anything wrong. In my respectful submission, it sets the bar too high to say and to suggest in the course of the examination that, in the face of that denial, the Commonwealth ought to have rejected the denial, and now be criticised for not conducting a different inquiry when the only inference available is that, if the different inquiry had been made, AWB would have made the same response, that it was not acting in breach of sanctions. The answer to that question can't possibly assist you, Mr Commissioner.
MR JUDD: On behalf of AWB, that is rejected as a proposition. My learned friend knows, as his questioning has indicated during the course of the examination of some of these witnesses, including the ministers, that, had specific questions been asked, there may have been specific answers. My friend has asked those questions and he's put it to witnesses on the assumption, presumably, that such questions might have elicited a different answer. Of course we don't have the answers because the questions were never asked. But it's not right, in our submission, to draw, as our friend does, the conclusion that, had the questions been asked, nothing would have been said to enlighten the questioner. That is unfair and wrong.
THE COMMISSIONER: I had thought, maybe wrongly, that up until at least 4 October 2005, and possibly later, AWB maintained that it had done nothing wrong.
MR JUDD: It did make general denials of wrongdoing, but if one looks carefully --
THE COMMISSIONER: Not just general denials, specific denials. We have a folder here of correspondence between AWB and the various departments. It will no doubt be collated at some point of time and addressed. We have the evidence of what they told the Volcker committee. We now know from the brief which was produced the other day that they had a deal of information which they withheld from the Volcker committee. The Volcker committee's report may well have been quite different if that material had been made available to them.
MR JUDD: It's rejected that material was withheld. Material was provided to the committee on exactly the same basis as it was by government. That's a matter which is established by this inquiry.
MR AGIUS: As my learned friend knows, the Hogan/Borlase trip report was not provided to the committee. My learned friend knows that the fact that the last two contracts had their prices inflated so as to conceal the Tigris debt was not provided to the committee. Not only was it not provided to the committee; it was not provided to counsel, from whom advice was sought. It's ridiculous to suggest that AWB was in the same position as the government. I'm not here to defend the government, but I'm certainly not going to sit here and hear misrepresentations put as submissions. AWB was denying that it had done anything wrong right up until at least October of 1995. To suggest that if Mr McConville had been asked any other question in any other way it would have suddenly decided to tell the truth is preposterous, in my submission.
THE COMMISSIONER: In any event, we've had enough of that. That can be the subject of submissions in due course. Your question is rejected, Mr Forrest."
From the ABC's 7.30 Report on 13 April:
"JOHN HOWARD: No, well, the reality is - and I choose my words carefully - I don't want to say something that I shouldn't be saying at this particular time but I think I can say this - that AWB has misled the following: it misled the Department of Foreign Affairs and Trade; it misled Mr Volcker because it didn't provide all of the information it wanted; it's misled the United Nations; it appears to have misled a former chief justice of Australia, Sir Anthony Mason, whose opinion - I understand this is now in the public domain - provided very strong legal exculpation in relation to the behaviour of AWB; it's misled the wheat export authority; and misled Ferrier Hodson. I mean, AWB, every time ministers rang them, they were going through denials. You asked me directly, "All you had to do was pick up the phone". What's wrong, Michael. "If you'd have picked up the phone", Michael, I mean that's said, that's said glibly as though it's all easy, "Just pick up the phone". The point I'm making is that if a company systematically and successfully is able to mislead people in that, of that list I've just given you and leave the Government out of it - but Sir Anthony Mason is no slouch. "
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