Ivan Dean, Speeches Index

Wednesday 29 November 2006

ACCREDITATION OF BUILDING PRACTITIONERS SELECT COMMITTEE

Mr DEAN (Windermere ) - Mr President, I have given a lot of thought to whether I should speak at all on the motion and concluded that I should.

I must say from the outset that I really could have done without the motion and I should also say that had this have been tabled 12 months ago, this time last year, I know very well what I would have done and the course of action I would have taken in relation to the motion, Mr President.

I took note of some of the comment made by the honourable Treasurer when he said, 'Put yourself in the position of those before the court'. I think we all know that was that position this time last year. It is a position that I would not wish upon anybody. It has devastating consequences not only for yourself but for your family, relatives and for all those others who know you and have faith in and support you. It is an extremely difficult situation.

It was unfortunate the media seized every opportunity to publicise my plight in headlines and front-page stories. That in itself would tear me apart because I could see myself at the end of the day probably not getting a fair trial. I used to talk to the Press but that really had no impact and the surprise is, and I guess the most annoying thing about it, the day that I was found not to have committed any offence, my story was on the third or fourth page of the paper. It did not make the front page and it has not made the front page since, so it is unfair.
I believe that a fair trial is absolutely paramount for those involved in this situation and it is important that people can stand trial without being prejudiced in any way, particularly when one looks, as I was, at the seriousness of the crime I was confronting which is punishable by 12 months' imprisonment. So it is not a minor issue at all. In this instance -

Ms Thorp - And this is up to 21 years, isn't it?

Mr DEAN - In this instance, we know very well, the maximum penalty is 21 years so it is a far more serious situation than mine. I am not going to go into the committee because that has been articulated well by the Chairman of that committee, the honourable member for Huon. Suffice to say that it has been discussed. It is an issue that we have wrestled with and it has been paramount in our minds that we do nothing to prejudice this trial in any way.

Ms Thorp - Deliberately.

Mr DEAN - Deliberately. In this instance advice has been taken. Advice given to me from the two top persons in this State most able to do so was that the inquiry could continue provided that we were aware of the boundaries and the critical time so we did not go near one of the areas that was very clearly in our brief. We had to be very clear with the areas that we went into. I have still not been comfortable with that and I have espoused that position, that view. I believe that I have just about made up my mind where I should go on this.
There is a need for the inquiry into accreditation to be concluded with a clear position put forward as to where we should go and I know that there are many builders wanting some finalisation to that side of it, a clear direction forward. I also have to weigh up, and it was mentioned by the honourable member for Murchison, whether that should take priority over what could create and cause prejudice or trauma to or interfere with a fair trial of the persons currently charged. I think the more important consideration is that the people charged are entitled to an absolutely fair trial.

Having said that, I also looked at the motion that is before us. The motion does not say that we should stop the inquiry until such time as this criminal trial is concluded. Instead it says that it should simply be suspended at this stage until we, the Legislative Council, are satisfied that such proceedings would not prejudice related proceedings in the Supreme Court of Tasmania Criminal Division. I am not quite sure how we can be satisfied of that. I suppose there is other advice that we can receive and that advice ought to be in writing. There ought to be a very clear position given as to exactly where we go. Having had a close look at the motion I believe, in all of the circumstances and having gone through it myself, that I will be persuaded in this instance to support the motion that is before us.

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