ABCC initiates inquiry into evidence errors

The Australian Building and Construction Commissioner, Leigh Johns, has called for an inquiry into the ABCC’s deficient management of evidence in a 2009 committal hearing in the Melbourne Magistrates Court.

Johns requested that the Australian Government Solicitor (AGS) conduct the inquiry to determine how errors in the evidence management process occurred, with the intention of preventing similar errors occurring in future. Although the errors occurred prior to Johns’s appointment as ABC Commissioner, he said in a media release that he believes it is vitally important to be honest about the errors in order to learn from them.

“As ABC Commissioner, I consider matters of evidentiary integrity to be of the utmost seriousness. That is why I have invited this inquiry,” he said. “What we saw in this matter is the full impact of our adversarial system of justice, a system I have the highest regard for as a lawyer.

“On this occasion an assessment was made by the crown that the evidence, once tested, would not have supported the further conduct of the matter, as a result of errors made in the management of evidence.”

The independent inquiry will examine the facts, matters and circumstances of the evidence provided by ABC Inspectors at a committal hearing dealing with allegations of assault by senior union officials.

A report on the inquiry, including findings, conclusions and recommendations, will be available to the public upon completion.

“I will make no further comment until the facts, matters and circumstances are determined by the AGS,” said Johns.