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CCC report on investigation into allegations against Director General of Health

25/1/2008

A Corruption and Crime Commission report has recommended that consideration be given to the prosecution of, and taking of disciplinary action against, the Director General of Health, Dr Neale Fong, arising from his representation of his relationship with former Premier, Mr Brian Burke.

The report, tabled in the Parliament today, states that Dr Fong:

• Engaged in serious misconduct by disclosing a restricted matter to Mr Burke namely that the Commission was investigating a senior Department of Health officer, Mr Michael Moodie;

• Engaged in misconduct by telling his Minister that he had no recollection of any email communication between himself and Mr Burke and had no personal relationship with Mr Burke while the Commission found evidence to the contrary, and

• Engaged in misconduct by failing to report the disclosure to him by Mr Burke of what Mr Burke claimed to be confidential Cabinet information.

The report makes five recommendations including that the DPP considers the prosecution of Dr Fong over the Moodie matter, that disciplinary action be considered over Dr Fong’s failure to report the disclosure to him of supposedly confidential Cabinet information by Mr Burke, a recommendation concerning the Department of Health’s Freedom of Information handling processes and record keeping, and that the Department of the Premier and Cabinet considers an across-government standard in archival processes and retention of email communications.

The Commission’s investigation revealed the existence of 33 emails between Dr Fong and Mr Burke between August 2002 and June 2006, 24 of which were while Dr Fong was a public officer.

Dr Fong maintained to the Commission that there was no personal or professional business relationship between himself and Mr Burke and that he had no recollection of any of the 33 emails.

Commissioner Len Roberts-Smith QC, said that it was inconceivable that Dr Fong had not, could not, and did not recall that there were any emails between himself and Mr Burke between August 2004 and June 2006.

The Commissioner said evidence of contact between Dr Fong and Mr Burke revealed by the Commission’s investigation included:

• A lawfully intercepted telephone call in August 2006 in which Dr Fong confirmed to Mr Burke that the Commission was investigating senior Department of Health officer, Mr Michael Moodie, despite the fact that the notice served on Dr Fong in regard to the investigation included an explicit notation prohibiting disclosure of the notice or any official matter connected with it;

• Lawfully intercepted telecommunications in April 2006 in which Mr Burke revealed what he said was confidential Cabinet information to Dr Fong;

• Emails from Mr Burke to Dr Fong in August 2005 on behalf of a company tendering for a Department of Health contract (the company was not eventually awarded the contract);

• Emails from Mr Burke to Dr Fong in October 2005 to attend a lunch with Mr David McKenzie, a representative of Canal Rocks Pty Ltd for a presentation on the company’s proposed development at Smiths Beach, and

• An email from Mr Burke to Dr Fong in May 2006 in regard to a request from a businessman requesting medical assistance for a relative.

Commissioner Roberts-Smith said the Commission did not consider evidence given during a Legislative Assembly Estimates Committee meeting in May 2007 as it is protected by Parliamentary Privilege.

The Commission’s investigation included private hearings, the forensic analysis of computers seized under search warrant during the Smiths Beach investigation and an analysis of lawfully intercepted telecommunication material.

The investigation was started after receipt of an allegation about misconduct regarding the disclosure of information relating to the relationship between Dr Fong and Mr Burke, and the record keeping processes in the Department of Health.

Although the investigation concerned the facts of Dr Fong’s relationship with Mr Burke, there was no allegation against Mr Burke, his conduct was not the subject of the inquiry and the Commission expresses no opinion about it in this report.

Copies of the report are available at www.ccc.wa.gov.au under publications.

Media contact: Owen Cole 9215 4802, 0439 910 161

20080125.pdf

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