grant hattam quill award for investigative journalism 2010

8/7/2019 Grant Hattam Quill Award for Investigative Journalism 2010

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REVEALED: HOW THE PROMOTION OF A YOUNG FEMALE LAWYER

HAS ROCKED TOP PROSECUTOR JEREMY RAPKES OFFICE

Picture:DAVIDCAIRD

Lawyer quits in protest

Secret letters revealed

Controversy underminingprosecutors offi ce

8-PAGE LIFTOUT

JAMES CAMPBELLS SPECIAL REPORT, PAGES 4-7

SUPER DIET HOW TO EAT HEALTHY, GET ACTIVE AND BE HAPPY

Under fi re:

Top prosecutorJeremy Rapke

BODY+SOUL


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4 Sunday Herald Sun, October 10, 2010 heraldsun.com.au

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Turmoil hits theLawyer

quits OPPin protest

SECRET LETTERS

POWER PLAYERS

THE BOSS: Director of Public Prosecut ions Jeremy Rapke in hi s city offi ce.

SILBERT HULLS RAPKE RAPKESILBERT SILBERT

JUNE 11 GAVIN SILBERT, DEPUTY DPP,TO ATTORNEY-GENERAL ROB HULLS

LATE JUNEDPP JEREMY RAPKE TO SILBERT,

MID JULYSILBERT TO RAPKE

OPP sources who have seen three secret letters between Gavin Silbert, Rob Hulls and Jeremy Rapke

correspondence sparked by this controversy have provided details of these letters to the Sunday Herald Sun.

Phrases appearing in quotes are as they appear in the letters. The rest is a summary of the contents.

Tells the Attorney-General that heis concerned about rumours thatthree solicitors are to be appointedassociate Crown Prosecutors.Warns that these three will beboycotted and that no solicitorwould brief them. Requests thathis views and that of the Solicitorfor Public Prosecutions be sought

before any appointments are made.

(Sources say Mr Silbert never receiveda response from Mr Hulls)

Informs Mr Silbert about theappointment of crown prosecutorsas well as three associate crownprosecutors. Says he has learnedthat Mr Silbert has contacted theAttorney-General and the VictorianGovernment Solicitor, John Cain,expressing concern. Says heregards your conduct to be grosslydisloyal to me and an attempt toundermine him in the eyes ofthe A-G.

Mr Silbert asserts his right to communicatewith the Attorney-General without referenceto Mr Rapke. Says it was his business as hehad a statutory obligation to manage theappointments. Told Mr Rapke that he hadconcerns that his relationship with DianaKaramicov would become public knowledgeand cause the appointments to be regardedwith signifi cant disquiet. Warns Mr Rapkethat his reputation with the OPP solicitors,crown prosecutors, bar and judiciary had beenundermined by his behaviour.

EXCLUSIVE HOW THE PROMOTION OF A YOUNG

r n

1THE DIRECTOR OF PUBLIC PROSECUTIONSThe states top prosecutor. He, or his offi ce,

makes the decisions on all criminal prosecutions

in Victoria. His decisions include whether toprosecute a case, accept a plea bargain or appeala decision.

2THE OFFICE OF PUBLIC PROSECUTIONSThe OPP is the independent authority

responsible for preparing and conductingcriminal prosecutions in Victoria on behalf ofthe Director of Public Prosecutions. It has over

300 staff.

3

CROWN PROSECUTORSCrown prosecutors appear for the DPP

in criminal cases. They are therefore effectivelyappearing on behalf of the Victorian public

to prosecute criminal cases.

JAMESCAMPBELL

THE Office of PublicProsecutions the bodycharged with prosecut-ingourworstcriminalsis in crisis, with its bossat war with his deputy.

T h e c r i p p l i ng r i f t w a ssparked by Director of PublicProsecutions Jeremy Rapkesdecision to appoint an inex-perienced solicitor to the im-p or tan t p os t of as s oci at ecrown prosecutor.

The Sunday HeraldSun has

learnt that Mr Rapke andC h i e f C r o w n P r o s e c u t o rGavin Silbert, his deputy,have barely spoken since Julywhen Diana Karamicov, a sol-icitor in her late 20s, and twoother solicitors were madeassociate crown prosecutors.

The sought-after job paysabout $140,000 a year.

The Sunday Herald Sunfirst highlighted the appoint-ment of Ms Karamicov onJuly 11.

Todays reports the cul-mination of a three-month in-vestigation are based ontelephone and face-to-face in-terviews with three high-levellawyers inside the Office ofPublic Prosecutions.

The senior sources have allsaid independently they be-lieve Mr Rapke has had an in-appropriate relationship withMs Karamicov.

It is an inappropriate and

improperrelationship, one ofthe sources said.The row has claimed one

casualty, with one principalsolicitor quitting in disgustfrom the OPP.

Stephen Payne, who left theOPP six weeks ago, yesterdayconfirmed he had resigned inprotest at the promotion.

The reason for my resig-nation was the appointmentof Ms Karamicov, he said.

He refused to make anyfurther comment.

Several senior judges arebelieved to have privatelyraised with Mr Silbert the


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prosecutorsLAWYER ROCKED THE VICTORIAN OPP

STEPHEN PAYNES CV

OPP senior solicitor, January2008-September 2009

OPP acting legalprosecution specialist, September2009-February 2010

OPP principal solicitor,February 2010-August 2010

SOME OF THE CASES HES

REPRESENTED THE OPP IN

Opposing bail for the son ofmurdered c rime fi gure, MacchourChaouk, Des Tuppence Moransmurder, the savage bashing ofdoctor Mukesh Haikerwal

THE DEPUTY:Gavin Silbert has not spoken to his boss for three months.

THE YOUNG LAWYER: DianaKaramicov (circled) and Stephen Paynein a photograph from the OPPs annual report.

PROTEST: Ex-OPPlawyer Stephen Payne at aBourke St caf last week.

Picture: IAN CURRIE

The reason for my resignation was

the appointment of Ms KaramicovSTEPHENPAYNE

issue of the rift between thetwo men in an attempt to re-solve the issue.

This newspaper contactedthe OPP communicationsmanager on Fridayrequestingan interview with Mr Rapke.

Phone calls were also madeto Mr Rapke.

The paper briefly spoke toM r R a p k e o n h i s m o b i l ephone late Friday afternoon.He refused to answer ques-tions.

A detailed voice messagea s ki n g h i m t o re s po n d t ospecific allegations about hisr e l a t i o n s h i p w i t h M sKaramicovwas left on hismo-bile phones answering ser-vice. He has not responded.

The Sunday Herald Sun hasbeen unable to contact MsKaramicov for a comment.

A senior OPP source saidMr Payne highlighted thea p p o i n t m e n t o f M sKaramicov in an exit inter-view before he left the office.

Mr Payne was reportedlyangered because there wasnoformal application process forthe appointments.

I n m i d J u l y , M r S i l be rtwroteto Mr Rapketellinghimhe was worried the DPPs re-lationshipwith Ms Karamicovwould become public know-ledge and cause her appoint-ment to be viewed with sig-nificant disquiet.

HealsotoldhisbossthatMr

Rapkes reputation in thelegal community had beendamaged by his behaviour.

H i s f u r i o u s l e t t e r w a sprompted byan attackon himin an earlier letter from MrRapke accusing his deputy ofbeing grossly disloyal.

The SundayHeraldSun hasdetails of those two confiden-tial letters, and an earlier oneM r S i l be rt w ro t e t o s t at eAttorney-General Rob Hulls.

Mr Silbert declined to com-ment yesterday.

Three senior OPP staff haves a i d t h e y b e l i e v e M sKaramicov and two otherstaff promoted at the sametime are not qualified for thepositions they hold and can-

not be trusted with runningcomplex jury trials.

They are simply not quali-fied any of them, the OPPsource said.

Senior OPP staff have alsowarned that the OPPs sex of-fences unit a pet project ofM r H u l l s h a s be e n i m -perilled by the appointments.

The sex offenders unit is indanger of falling over becausetherearent enough barristersto rotate in and out of there

and we have these three whowe cant send there, thesource said. They cant pros-ecute trials, they are just notqualified.

A s e n i o r O p p o s i t i onfrontbencher raised with MrHulls rumours of the relation-ship between Ms Karamicova n d M r R a pke be f o re h e rappointment.

Mr Hulls said yesterday hehad put in place an indepen-dent procedure to overseeappointments bythe DPPandhe had followed the advice hehad been given.

In relation to appoint-ments I then put in place anindependent process that in-volved the Victorian Govern-

ment Solicitor to review thepeople that he had recom-mended, to ascertain whetheror not they were appropriateas potential appointees, and Igot a report back from themindicating that each of thepeople nominated were ap-propriate and on that basis Iproceeded, Mr Hulls said.

Victorian Government Sol-icitor John Cain contactedthe Sunday Herald Sun yes-terday.

He said that after interview-

ing the three candidates heh a d r e c o m m e n d e d t h eappointments proceed.

Late yesterday after-noon an adviser to Sol-icitor for Public Pros-ecutionsCraig Hylandemailed a statementtothe Sunday HeraldSun.

Sherefused to answerques-tions about the allegations.

The Office is working welltogether, morale is good, cul-tural change is taking placeand the OPP will continue towork hard to ensure the peo-ple of Victoria have a modern,innovative prosecutorialservice, the state-ment said.

The OPP is de-

v e l o pi n g a c a re ers t r u c t ur e w h e r esome experiencedcriminal law solici-tors aretrainedas ad-v o c a t es t o m o v et h ro u g h t o c o n du c tmatters otherwise con-du c t ed by ba rri s t ers .S o m e e l e m e nt s o f t h elegal profession are resist-ant to this innovation.


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EXCLUSIVE HOW THE PROMOTION OF A YOUNG

6REASONSATTORNEY-GENERAL

ROB HULLS MUST ACT

JAMESCAMPBELL

Inside

CRUSADER: Mr Rapke, pictured here leaving court, has angered some judges bypublicly criticising light sentences.

T H E O f f i c e o f P u b li cProsecutions is a corner-stone of Victoriandemoc-racy.

Independent from the Gov-ernment and answerable onlyto Parliament, its staff of 300crown prosecutors, solicitorsa n d s u ppo rt s t a ff w o rk t obring to book Victorias mur-

d e r e rs , r a p is t s a n d o t h erserious criminals.

But for the past two yearscriminal cases are not the onlymatters that have occupiedthe minds of the staff in thenine-storey tower in the heartof the legal district.

The focus has also been onthe relationship between theD i r e ct o r o f P u b li c P r o s -ecutions, Jeremy Rapke, andajunior solicitor.

And since Mr Rapke elev-a t e d t h a t s o l i c it o r, D i a n aKaramicov, to a position of as-sociate crown prosecutor o v e r t h e o bj e c t i o ns o f h i sde pu ty , c h i e f c ro w n pro s -ecutor Gavin Silbert, the OPPhas been racked with conflict.

Three OPP insiders havespoken to the Sunday HeraldSun and told how Mr Rapkesd e c i s i o n t o p r o m o t e M sKaramicov has created a toxic

atmosphere in the OPP and itis the trios view it is having animpact on the administrationof justice in Victoria.

Put simply, the three OPPsources claim Ms Karamicovand two other associate crownprosecutors promoted at thesame time in July lack the ex-perience to run complex jurytrials.

They dont know what todo with them, one of the OPPsources said.

The three appointees werepreviously employed as solici-tor advocates who do courtappearance work, usually bailapplications, mentions anddirection hearings and appli-cations to appear before theCourt of Appeal.

B u t w h i le t h ey m a y b elearned in the law, they haveno experiencein complex,con-tested court appearances be-fore juries.

Before this year, only onesolicitor, Brett Sonnet, hade v e r be e n a ppo i n t e d a s acrownprosecutor and all threesources agreehe wasanexcep-tional case.

Heis probablythe foremostexpert on the sentencing act,one OPP source said.

All three OPP sources said

that was not true of threesolictors promoted in July.

And all three claimed MrRapkes decision to appointthem was influenced by his re-lationshipwith Ms Karamicov,a solicitor in her late 20s, whohas been a lawyer for less thanseven years.

M s K a r a m i c o v a n d M rR a p k e w o r k e d c l o s e l ytogether when she was the in-structing solicitor and he theprosecutor in the first trial ofc h i l d k i l l e r R o b e r tFarquharson.

By mid-2008, the relation-ship was widely known aboutin the OPP, the three OPPsources told the Sunday Her-ald Sun.

Senior figures worried thatgossip had started circulatingin wider legal circles.

I n 2 0 0 8 t h i s p r o m p te dAngela Cannon, then solicitorfor public prosecutions, toraise with Mr Silbert the re-lationshipand thecorrosiveef-fect it was having on morale.

Ms Cannon left the DPP inMay2008and declinedto com-ment yesterday.

Two of the Sunday HeraldSuns OPP sources have saidMr Silbert later confronted MrRapke over his relationshipw i t h M s K a r a m i c o v a n dwarned him to stop meetingher in his office.

Mr Rapke is said to haveagreed.

Id better be more careful,he allegedly told Mr Silbert,o n e o f t h e Sunday HeraldSuns OPP sources said.

In December, the Court ofA p p e a l q u a s h e dFarquharsons conviction forkilling his children.

Early this year, as the OPPwas preparing its case for aretrial, Mr Rapke approached

Mr Silbert with an unusualsuggestion.

Despite Ms Karamicovsjunior status, Mr Rapke saidhe wanted her to appear asjunior counsel to the main

Onhisway: StingwillplayinMelbourneon January 28.

Sting to tour in new yearNUITE KOHASUPERSTAR Sting will tour

in January.

The solo performer and for-mer Police frontman will per-form classical versions of hish i t s w i t h t h e M e l b o u r n eSymphony Orchestra.

I look forward to perform-i n g i n Au s tra l ia , h a v in g awhole new palette of musicalc o l or s t o w o r k w i th , a n dreinventing the songs that

have been the staples of mylive shows for over 30 years,

Sting said. Promoter LiveNa t i o n Au s t ra l i a w i l l a n -nounce the tour today.

Stings last visits to Aus-tralia were in theatres for aperformanceof lutemusic ands t a d i u m s h o w s w i t h t h ePolice. Butthe creativelyrest-less singer said the classicaltour, Symphonicity, had re-

energised his songs.Im trying to create some-

thing new in this interfacebetween pop and symphonicmusic, he said.

I dont know where itsgoing, but thats something Ilove. The journey itself is thereward.

So far, the set-list has in-cluded Every Little Thing SheD o e s I s M a g ic , R o x a n n e ,E v e r y B r e a t h Y o u T a k e ,Englishman In New York and

Fields Of Gold.Sting said fan reaction to

t h e t o u r w a s i n t e re s t i n g.They can be a bit wary theyre not sure if they shouldstandup orsitdown,be rowdyor be attentive, he said.

But,by theend,theyfigureit out.

Sting will be at the SidneyMyer Music Bowl on January28 and tickets will go on saleon October 22.

Tickets for the Swan Valleyshowgo onsaleon October 21.

Rapkefights for

victimsJAMESCAMPBELL

SINCE becoming Director ofPublic Prosecutions in 2007,Jeremy Rapke has repeatedlyclashed withthe judiciaryover hispublic comments on sentencing.

Hehas also angeredseniorlegalfigures with calls for the scrap-ping of committal hearings andhispublic attacks on theadminis-tration of justice.

Two years ago, Mr Rapke waspublicly rebuked by Chief JusticeMarilyn Warren after he revealedhe had phoned judges to coun-sel them over insensitive re-marks they had made to victimsof crime.

The role of the DPP is to pros-ecute criminal cases, indepen-dently, not to counsel, superviseor criticise judges in private dis-cussions, Ms Warren said.

At thetime, prominentcriminalbarrister Robert Richter, QC,accused Mr Rapke of running apopularity contest and political

campaigns in the media.Mr Rapke had also called forthe scrapping of committal hear-ings andfor harsher sentencesford r u g c r i m e s , a s t a n c e t h a tprompted Mr Richter to attackhim for acting like a media lob-byist.

Educated at Wesley Collegea n d M o n a sh U n i v er s i t y, M rRapke has been a barrister since1 9 7 4 a n d be c a m e a Q u e e n sCounsel in 1999.

His family has a strong tra-dition of public service.

His grandmother, Julia, was aprominent feminist and civilrights activist early last century,w h il e h e r s o n, T r ev o r M rRapkes late father was also aQ u ee n s C o u n se l a n d l a t e r ajudge of the County Court.

Like his son, Judge Rapke wasnot afraid to make his viewsknownand in his time wassaidtohave antagonised some membersof the judiciary by criticisingtheirremoteness from society.

Despite his public dressingdown from Mr Richter, Mr Rapkehas not backed away from hisstances on sentencing.

In August, Mr Rapke againuppedthe ante inhis warwiththejudiciary, announced a campaignto pressure judgesinto increasingthesentencesfor aggravatedbur-glary. He also signalled sentencesf o r r a p e , s o m e c h i l d a b u s eoffences, intentionally and reck-lessly causing serious injury andsome drug offences would also bechallenged.

Le ga l f i g ure s h a v e s a i d M rR a p k e s c a m p a i g n s h a v eincensed elements of Victoriasjudiciary because of his reluc-tance to appear in court.

At 61, Mr Rapke could reason-ably expect to be made a judgewhen he finishes as Director ofPublic Prosecutions as his fivepredecessors have all ended upon the bench.

Lastweek hispredecessor, PaulCoghlan, now a Supreme Court

judge, lashed out at Mr Rapkeover a case in which a prosecutora t t e mp t e d t o r e i n s ta t e a nattempted murder charge afterMr Rapke had earlier accepted aplea on a lesser charge.

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The studio said it couldnot complete the 3D con-version ofHarry Potter andthe Deathly Hallows: Part 1in time for its November 19UK and US release date.

Warner Bros said it did

not want to keep fans wait-ing for the film.


5/9

THIRD


1DPP JeremyRapke andhis deputy GavinSilbert have notspoken for threemonths

2 Thepromotionof three lawyers,including DianaKaramicov,has shatteredmorale inthe OPP

3 The OPPs sexoffenders unit is indanger of falling overbecause current staffneed rotating and MrSilbert doesnt believethe inexperienced lawyersare fi t to work in the unit

4 Judges areawareof the crisisand haveapproachedMr Silbert overthe issue

5 Senior OPP lawyerStephen Paynewas so incensed bythe relationshipbetween Mr Rapkeand Ms Karamicov andher promotion that heresigned

6 Thereputation ofthe OPP has beendamaged andthe crisis has thepotential to imperilthe executionof justice

LAWYER ROCKED THE VICTORIAN OPP

tower of power

heputation ofPP has been

Our fi rst story, on July 11

EDITORIALAs one of the key pillars around which our society is built, itis of fundamental importance for Victoria that the Offi ce ofPublic Prosecutions is united and functioning at 110%. Today,the Sunday Herald Sun can reveal that this is not the case. Infact, for some months the Offi ce of Public Prosecutions hasbeen crippled by a bitter feud between between Mr Rapke and

his deputy, Gavin Silbert. Page 80

IN CRISIS:

The OPPheadquarters at

565 Lonsdale St.

RobHulls

He went to Gavin and asked him to make Diana AndrewTinneys junior (in Robert Farquharsons second murder

trial) . . . That was what tipped us off that he was going to try and

promote her . . . she would have ticked all the boxes and it wouldhave been much harder to object to her appointment

ANOPP SOURCE

prosecutor, Andrew Tinney, inFarquharsons second trial.

Though she had been the in-structing solicitor in the firsttrial, she had never appearedas counsel in something as im-portant as a murder trial.

H e w e n t t o G a v in a n da s k ed h i m t o m a k e D i a n aAndrew Tinneys junior, oneOPP source said.

Gavin was appalled. Hespoke with Andrew and theyagreed it wasnt on.

YesterdayMr Tinneysaidhehad no comment.

T h e a t t e m pt t o g i v e M sKaramicov courtroom experi-ence insuchan importanttrialset off alarm bells among thehigher echelons of the OPP.

Thatwaswhattipped usoffthat he was going to try andpromote her.If shedappearedin the Farquharson trial shew o u ld h a v e t i c k ed a l l t h eboxes and it would have beenmuch harder to object to hera p p o i nt m e n t, o n e O P Psource said.

In May, Mr Silbert learnedthat Mr Rapke intended topromote three solicitor advo-cates to posts of associatecrown prosecutor, but refusedto tell Mr Silbert their names.

Mr Silbert was alarmed and,in early June, after discussingthematterwithsenior staff,hewrote to the Attorney-GeneralRob Hulls expressing his con-cern.

He said he had heard ru-mours three solicitors were tobe appointed associate crownprosecutors and was worriedthe three appointments wouldbe boycotted and that no sol-icitor would brief them.

He asked that his views andthose of the solicitor for publicprosecutions be sought beforeany appointments were made.

But this was not the onlywarning Mr Hulls had thatstrange things were going onin the Office of Public Pros-ecutions.

O n e o f t h e O P P s o u rc esclaimed Mr Hulls did not replyto Mr Silberts letter, but wasconcerned enough to order anindependent process to assessthe recommendations.

The panel, which includedtheVictorianGovernmentSol-icitor, John Cain, interviewed

the three candidates and rec-ommended the appointmentsgo ahead.

I n l a t e J u n e , M r R a p kewrote to inform Mr Silbert hewas appointing three associ-

ate crown prosecutors andthat he had learned that MrS i l be rt h a d c o n t a c t e d M rHulls and Mr Cain expressingconcern.

Mr Rapke told Mr Silbert heregarded his actions as grosslydisloyal and an attempt toundermine him in the eyes ofMr Hulls.

In the first week of July thea p p o i n t m e n ts o f D i a n aKaramicov and two other sol-i c i to rs a s a s s o ci a t e c ro wnprosecutors were announced.

The appointments es-pecially that of Ms Karamicov were met with incredulityboth inside and outside theOPP.

Mr Silbert contemplated re-signing, but was talked out ofit by crown prosecutors.

One of the Sunday HeraldSuns OPP sources said somestaff wanted to pass a vote ofno confidence in Mr Rapke,but the ringleaders were per-suaded to desist.

But Mr Silberts unhappi-ness and the rows over the ap-pointments were impossibleto keep in house.

On July 11, the Sunday Her-aldSun reported theexistenceof Mr Silberts letter to MrHulls and the stoush withinthe DPP.

Mr Rapke and Mr Silbert

have not spoken to each otherin any meaningful way since.

They have, however, com-municated by letter.

In mid-July, after extensivediscussion with the crownprosecutors, Mr Silbertreplieds t r o n g l y t o M r R a p k e saccusation of disloyalty.

AnOPPsourcewhohasseenthe letter said Mr Silbert toldMrRapkehe hadevery righttoc o m m u n ic a t e w i t h t h eAttorney-General without hissay-so particularly as it washisjob tomanage theappoint-ments.

He also told him he was con-cerned Mr Rapkes relation-

shipwith Ms Karamicovwouldbecome public knowledge andcause the appointments to beregarded with significant dis-quiet.

H e w e n t o n t o s a y M rRapkes reputation with theOPP solicitors, crown pros-e c u to r s , t h e b a r a n d t h ej u di ci a ry h a d be e n u n de r-mined by his behaviour.

While Mr Silbert decided tostay put, the appointmentswere too much for one seniorOPP solicitor.

Stephen Payne, a solicitorwith almost 20 years experi-ence, quit the OPP after thea p p o i n t m e n t o f M sKaramicov.

Inhis2 yearswiththeDPP,MrPaynehad been involved insome of the most high-profilecases, including the bail appli-cation of Omar Chaok.

Mr Payne confirmed to theSunday Herald Sun yesterdaythat he had resigned over MsKaramicovs appointment,bu t de c l i ne d t o m a k e a n yfurther comment.

A NEWWAY

TOHEALTH

INSIDE

TODAY

WALK, talk, eat is the simple mantra behind anew healthy lifestyle program being launched intodays Sunday Herald Sun.

Over the next eight weeks, the Weigh It UpAustralia program will give you advice onhealthy eating, getting active and being happy.

Dr John Tickell, co-host of the program, saidwith research revealing 26 per cent of thecountrys adult population was obese, it wastime for drastic action.

If youre sitting there nodding, then Weigh ItUp Australia can help you and your family to a

better life.See Weigh It Up Australia inside Body + Soul.

Eminems

home truthH E i s w e l l - kn o w n f o rusing foul language inl y r i c s , b u t r a p p e rEminem says bad wordsh a v e n o p l a c e i n h i shouse.

Profanity around myhouse? No, he said.

Im a parent, I havethree daughters. I mean,how would I reallysound,a s a p e r s o n, w a l ki n g

around my house saying,Bitch, pick this up.

WERE COUNTING DOWNTHE DAYS TO A HOLIDAY

TOKEN

PAGE 2

WORKAHOLIC Australians are finally gettingthemessage aboutthe importanceof taking timeoff.

Thenumber of stockpiledannual leavedays fellby five million in just over a year.

Tourism Australia figures show the number ofaccrued annual leave days dropped from 123 mil-lion when it launched its No Leave, No Life cam-paign in March 2009, to 118 million in June.

Employees were also 35 per cent more likely totake a holiday within Australia this year thanthey were last year, and those aware of the cam-

paign were more likely to holiday at home in thenext six months.


6/9

4 Sunday Herald Sun, October 17, 2010 heraldsun.com.au+

+

OPP cracks deepen

SUNDAY, OCTOBER 10

The Sunday Herald Sunreveals the Offi ce of PublicProsecutions has been plunged into crisis by thepromotion of a junior female solicitor, Diana Karami-cov. We reveal top prosecutor Jeremy Rapke and hisdeputy, Gavin Silbert, have fallen out of the promo-tion. OPP sources claim Rapke has been involvedin an inappropriate and improper relationship withKaramicov. It followed our original report on July 11exposing tensions within the OPP over the promotion.

Rapke holds a press conference denyingbeing involved in an inappropriate and improperrelationship with Karamicov. Attorney General RobHulls (below) backs Rapke and refuses to launch aninquiry into the controversy.

MONDAYInterviewed by Jon Faine on ABC radio,Rapke again denies being involved in aninappropriate relationship with Kara-micov. Rapke says they have workedclosely together and are friends. Rapke

admits to Faine that his relationship withSilbert (top right) is strained.

TUESDAYHulls backfl ips and orders Victoriansolicitor general John Cain toinvestigate the crisis.

WEDNESDAYRapke, Silbert and Craig Hyland the OPPs solictor for prosecutions hold separate talks with Cain.

THURSDAYThe warring prosecutors arelocked in more meetings tryingto reach a resolution.

FRIDAYThe OPP releases a statementheadlined a commitmentto strong and effective

prosecution that acknowledgesdifferences between Rapkeand Silbert but in which bothpledge to work together.

WEEK OF DRAMA

Diana Karamicov

Insiderleaks

exposeunrest

JAMESCAMPBELL

Internalconflict: Jeremy Rapke,QC, hascome undersignificantpressure.Picture:MIKE KEATING

SENIOR Office of

Public Prosecutionsstaff are bracing formore strife despitethe issuing of a pub-lic peace pact.

OPP sources have toldthe Sunday Herald Sunp r o b l e m s i n s i d e t h eorganisation are far fromover.

And staff warned theyfeared a witch-hunt hadbegun inside theorganis-ationto findleakersafterc r i s i s t a l k s b e t w e e nDirector of Public Pros-ecutions Jeremy Rapke,QC, his deputy, ChiefCrown Prosecutor GavinSilbert, SC, and Solicitorfor Public ProsecutionsCraig Hyland.

Thetalks weresparkedby this newspapers ex-p o s u r e o f d e e p r i f t swithin the OPP over theappointment of DianaK a r a m i c o v a n d t w oother solicitors to thepositions of associatecrown prosecutors.

Last week it was re-vealed Mr Silbert hadw r i t t en t o Mr Rap k ew ar ni n g h i m t h at h i sreputation with OPP sol-i c i t o r s , c r o w n p r o s -ecutors, the bar and thejudiciary had been dam-aged by his relationshipwith Ms Karamicov.

Mr Rapke denied lastweek that he had had asexual or an improper re-l a t i o n s h i p w i t h t h e31-year-old lawyer.

T h e S t a t e G o v e r n -ments failure to orderani n q ui r y i n t o t h e OP Pcrisis was set to revivemoves within the organ-isation to pass a motionof no confidence in MrRapke. An earlier move

by OPP solicitors in Julyto pass such a motionwas dropped.

They are still furious this statement willsolve nothing the sol-icitors have lost confi-

dence in him, one OPPlawyer said.

Iftherewas a properlyc o n s t i t u t e d i n q u i r ywhere people could giveevidence under oath, hewould be gone.

In Fridays statement,MrRapke, MrSilbertandMrHyland said they werecommitted to continu-ing to work together.

In other developments:

A L AND title transferdocument showed MrRapke hadwitnessedthedeedof transferwhen MsKaramicov bought herformer husband out oftheir former matrimonial

h o m e i n 2 0 0 8 . O P Psources confirmed it wasMr Rapkes signature;

TH E O P P o f f i c e s i nLonsdale St were sweptfor bugs, according to anOPP insider; and,

A T T O R N E Y- Gen er alRob Hulls refused onFriday to say he had con-fidence Mr Rapke wastelling the truth when he

said he had not had animproper relationshipwith Ms Karamicov.

Mr Silbert is believedto have promised duringtalks he would not revealwhat occurred during

the negotiations overFridays statement.

Yesterday he refusedto make any comment asshadow attorney-generalRobert Clark reiteratedhis call for an indepen-dent inquiry.

R o b H u l l s s h o w severy indication of hav-ing sought to cover upthe festering problemswithin the OP. He has

beenwarnedabout theseproblems for months,but has had his head inthe sand, Mr Clark said.

Mr Hulls, in a state-ment from his adviserMeaghan Shaw, said he

had full confidence in theDPP.

V i c t o r i a ns h a v e ah i g h - c a l i b r e , h a r d -w o r k i n g , i n n o v a t i v eprosecutorial service andI am pleased that theleadership of this serviceis committed to continu-ing to work together inthe best interests of allVictorians, he said.

As the three key pros-

ecutionleadershave said,staff, who are all appro-priately qualified, workvery hard under increas-ingpressureand asa gov-ernment we will continueto support their work.

Factsmay be a casualty in fragile armistice

JAMES

CAMPBELL

ROB Hulls will be hoping themotherhood statement re-leased on Friday from insidethe OPP bunker means themess will now go away.

Six weeks out from an elec-t i o n, t h e l a s t t h i ng t h eAttorney-General needs is acontinuing public fight.

B u t F r i d ay s s t at emen tfrom Jeremy Rapke, GavinSilbert and Craig Hyland isnot an end to the war insidethe OPP more of a fragilearmistice.

After we reported the toxicrelationships at the heart ofthe Victorias prosecutionservice, it took five days forthem to put together thisblandly worded peace pact.

The communuique is moreinteresting for what it doesnt

say than for what it does. Thestatement does not say MrSilbert and Mr Hyland haveconfidence in the appoint-mentof DianaKaramicov andtwo other solicitors as associ-ate crown prosecutors.

Thatis becausecrown pros-ecutors are not staff of theOPP they are appointeesmade by the Governor.

The distinction may seemsmall, but it is a big one tol aw y er s w h o u n d er s t an dthese differences.

W e a s k e d M r H u l l s o nFriday whether he had confi-dencethatMr Rapkewas tell-ing the truth when he toldhim he had not had an inap-propriate relationship withMs Karamicov.

He refused to answer thequestion.

He also refused to say whenhe was first alerted to con-cernsabout a relationshipbe-t w een Mr Rap k e an d MsKaramicov.

Several past and present

OPPstaff have told this news-paper they believe Mr Rapkehas had an inappropriate re-l a t i o n s h i p w i t h M sKaramicov.

They have said they wouldrelish the opportunity to giveevidence under oath.

This could either happen ina court or if the Governmentwereto establisha judicialen-quiry with the power to issuesubpoenas and to take evi-dence under oath.

Despite Mr Hulls initially

playing down the contro-versy, within 48 hours he or-dered an in-house but notindependent inquiry.

So close to an election itseems the last thing the Gov-ernment wants is a poten-tially damaging investigationinto the important law-and-order body.

Until such an inquiry takesplace the public has the rightto wonder whether they arebeing told the truth.

Switch off powerLIAMHOULIHANVICTORIAS incoming fire chief has

flagged shutting off power on high firedanger days to prevent powerline-sparked blazes.

TheBrumbyGovernmentrejectedtheRoyal Commissions recommendationto replace all ageing powerlines withtechnology that would prevent themsparking fires.

Five of the biggest fires on Black Sat-urday, including the Kilmore East firethat killed 119 people, were allegedly

started by electrical lines or fittings.Incoming new chief of the CFA, Euan

Ferguson, who starts on November 15,has given his ideas in a wide-ranginginterview on how to improve safety.

In South Australia for example . . . inhigh-risk areas the power is switched offonce the wind speed gets up above an-other level.

This is a matter for the electricityindustry, but I think there are someother more risk-based options thatcould be analysed.

Man in the hot seat, Pages 88-89

NATS BACK FOR ARIASNEW mother Natalie Bassingthwaighte will returnto the spotlight to host the ARIA Awards.

Its daunting to get back out there and do it,Bassingthwaighte said. But I didnt want to passup this opportunity.

Itis firstbiggig forthepopstarknownas NatBasssince she gave birth to daughter Harper RainSinclair in August.

Asked if she grappled with returning to work, shelaughed: I should say yes, right? No, not really. Tobe part of the music industrys night of nights issomething I didnt want to pass up.

I have a little baby and I have to take that intoconsideration. But she is a little social butterfly al-

ready. She has people putting their hands up left,right and centre to babysit.

TWIGGYS FORTUNES RISEANDREW Forrests wealth has risen to more than$6 billion after shares in Fortescue Metals Groupsurged last week.

While the average shareholder would have madeabout $5000 last month, Mr Forrest saw his paperfortune surge by about $1.5 billion in September-October, courtesy of his 31 per cent stake inFortescue.

The companys share price rose from $4.86 onSeptember 15 to $6.41 at close of market on Friday,a growth of almost 32 per cent.

If his mining shares continue to rise, Mr Forrestmay reclaim the title of Australias richest man,overtaking Westfield Group founder Frank Lowy

whohas an estimatedwealthof $5.04billion, accord-ing to the BRWRich 200 list.


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YOU CONTINUED TO ASSOCIATE

Dear Jeremy

Your letter of 29 June hascaused me great concern, asit fails to deal with any ofthe history of the matterswhich you have raised inthat correspondence.

I have no choice but torespond and make clearboth the backgroundand the circumstancesthat have led to this mostunfortunate exchange ofcorrespondence.

You have reproached me inyour letter for being grosslydisloyal and attempting toundermine your standing.I emphatically deny any

disloyalty and deny that itwas my intention then orat any time in the past toundermine your standing.

As you will undoubtedlyrecall, I have previouslyapproached you on aprivate and personal leveland indicated to you theconcerns that were beingexpressed by varioussolicitors in the offi ceof Public Prosecutions,members of the VictorianBar and the judiciaryabout your relationshipwith Ms Diana Karamicov,particularly consideringyour then relative positions,you as Director of PublicProsecutions, and she as ajunior solicitor. At the timeI fi rst spoke to you I wasunaware of her name.

I did not enquire ofyou then the nature ofyour relationship, butcautioned you as to thegeneral perceptions of thatrelationship. You continuedto associate and spend timewith Ms Karamicov in amanner that was markedly

different from every othersolicitor in the Offi ce ofPublic Prosecutions. Theconcerns of the groups ofpeople to whom I previouslyreferred continued unabatedand increased, with thepassing of time, as storieswere then circulatedabout you attempting tointerfere in her careerby seeking to have herpromoted within the Offi ceof Public Prosecutions, andinterfering in an area inwhich you had no statutoryrole, attempting consistentlyto advance her career wellbeyond that of a solicitor ofher experience.

The position of AssociateCrown Prosecutor is apublic position funded bypublic monies, and I am,pursuant to s14 of thePublic Prosecutions Act,charged with managingthe Crown Prosecutorsand Associate CrownProsecutors to ensure theyfunction in an effective andeffi cient manner. I becameaware that there was apossibility that you wereconsidering appointing anumber of Associate CrownProsecutors and accordinglyI enquired of you on twooccasions who you wereconsidering recommendingfor the position. You refusedto tell me. Prior to these

three appointments we hadalways discussed personsyou were consideringrecommending forappointment in ProsecutorsChambers.

I was concerned that thepersons being recommendedmay have been persons whowere unsuitable for thepositions, which is what hasin fact transpired.

In terms of the positionof Associate CrownProsecutor, the conceptis generally speaking thatthey will be capable lawyerswho have demonstratedsome skill in the runningof criminal trials at amore minor level and whowill be given exposureand experience in morecomplex trials. NeitherMs Karamicov nor Ms(the Sunday Herald Sunhas removed the nameof the second lawyer forlegal reasons) have everconducted a criminal trialin the role of counsel oradvocate, and there hasbeen nothing demonstratedby either to indicate thatthey are capable of so doing.The appointment of Mr(the Sunday Herald Sun hasremoved the name of thethird lawyer and the restof this sentence for legalreasons).

There are many talentedsolicitors within the Offi ceof Public Prosecutionswho would makeexcellent Associate CrownProsecutors, but theywere not afforded theopportunity to apply for

these positions.I was concerned thatat some stage yourrelationship with MsKaramicov would become amatter of public knowledgeand cause the appointmentto be regarded withsignifi cant disquiet. Theoffi ce of Crown Prosecutoris an important offi ce,in which the integrity ofthe offi ce holders is ofthe utmost importance,as is the manner of theirappointment. Becauseof my concerns thatthe appointment of MsKaramicov, and indeed theother two appointees, may

have damaged that position,I tried to raise the matterwith you but you wouldnot speak to me and I hadno alternative but to seekinformation about who wasbeing recommended by youfrom other sources.

At no stage in my dealingwith the Government, theVictorian GovernmentSolicitor, the Solicitor

for Public Prosecutions

or any of his staff have Icommented adversely onyour standing, authority orreputation. Your standingand reputation with thesolicitors of the Offi ce ofPublic Prosecutions, CrownProsecutors, membersof the criminal bar andthe Judiciary have beenundermined by your ownpersistentactions and behaviour,which have continued andincreased over the last twoyears, despite my warnings.

I was concerned as towhether you had disclosedto the Attorney-General thefact of your relationship

and the nature of thatrelationship with Ms.Karamicov, but did notconsider it my role tobring that relationship tohis attention.

I reject unequivocallyyour assertion that therewas anything improper inmy approaches to JohnCain and to the AttorneyGeneral. As a statutoryappointee charged withspecifi ed duties, I maintainmy right to approach theAttorney at any time andwithout reference to you.In each case I expressed myconcerns at the proposedappointments based onthe lack of qualifi cationsand experience of theappointees. The need for meto make these approachesarose as a direct result ofyour conduct and yourrefusal to tell methe names of the threepersons you had submittedto the Attorney-General.

Yours sincerely

Gavin Silbert.

This is theconfi dential letterGavin Silbert senthis boss, JeremyRapke, on July 19

I did warn you

PROMOTED: DianaKaramicov walking from the

Supreme Court last week.Picture: MIKE KEATING

THAT RAPKE LETTER

GAVIN SILBERT


8/9

FIRST

RM


AND SPEND TIME WITH MS KARAMICOV

about her

We believe thepublication of todaysdevelopments theJuly 19 letter fromchief Crown prosecutorGavin Silbert, SC,to his boss, JeremyRapke, QC, is in thepublic interest. Thisstory goes directlyto the performanceand integrity of thisimportant body and theBrumby Governmentsmanagement of justice.

Full editorial, Page 77

EDITORIAL

The feud deepens as keyOPP lawyers call for inquiry

JAMESCAMPBELL

F OUR Of f ice of P ub li cProsecutions lawyers saythey will testify about therelationship between theirboss, Jeremy Rapke, and ajunior lawyer if an in-quiry is ordered.

The staff, furious over the de-cision by the Director of PublicProsecutions to promote solici-tor Diana Karamicov, have inde-pendently confirmed their inten-tions to the Sunday Herald Sun.

The OPP has been in turmoilsince July over Mr Rapkes ap-pointment of three solicitors asassociate crown prosecutors ajob that pays $140,000 a year.

People would be lining up togive evidence, one of the law-yers said.

On Friday, Mr Rapke, QC,issued an internal memo to hun-dreds of staff accusingsome law-yers of running a despicablecampaignagainst Ms Karamicovand two other solicitors ap-pointed alongside her.

Mr Rapke took the dramaticstep after the Sunday HeraldSun toldhis officethe newspaperhad obtained a confidential let-ter from Gavin Silbert, SC, to MrRapke written in July.

It appeared yesterday that MrRapkes plea to staff and pros-ecutors to rally behind, insteadof calming the situation, had in-flamed matters.

How dare he blame us forwhat he has done, one OPPlawyer said.

Were the ones who ares u f f e ri n g b e c a u s e o f this, one source said.

Hes the one who has em-barrassed the office, not us.

In his letter, dated July 19, MrSilbert, the Chief Crown Pros-ecutor, repeatedly accuses hisboss of having a relationshipwith Ms Karamicov.

Mr Silbert also writes that MrR a p ke i s i n t e r f e ri n g i n M sKaramicovscareerby seeking toadvance her beyond her experi-ence and skills.

He also makes clear his beliefthat nothing in the three solici-tors previous careers had indi-cated they were capable of run-ning criminal trials.

Todays publication of MrSilberts letter is set to reignitethe fight within the OPP, whichAttorney-General Rob Hulls isdesperately claiming has beendefused.

The four OPP lawyers havetold the Sunday Herald Sun

t h e y b e l i e v e M r S i l b e r t sassertion that Mr Rapke spenttime with Ms Karamicov in amanner markedly differentfrom every other solicitor in theOffice of Public Prosecutions iscorrect.

They have said that, if calledon, they could testify:THAT M r R a p k e a n d M sKar am i c ov w er e fr eq u en t l yalonetogetherinhis officelateatnight.

SOLICITORS who briefed MsKaramicov complained theyw er e afr ai d t o c r i t i c i s e h erbecause they feared she wouldcomplain about them to MrRapke.

THE relationship between MrRapke and Ms Karamicov wasone of the reasons why the pre-vious solicitor for public pros-ecutions left her job in May 2008.

The Brumby Government hasruled out an inquiry.

This month, Mr Rapke toldbroadcaster Jon Faine that hedid not have a sexual relation-ship with Ms Karamicov, but re-fused to answer on Friday whenasked if he had had a sexual re-lationship with her in the past.

The conflict inside the OPPhas been the subject of rumourandinnuendoin thelegal districtfor months.

He (Mr Rapke) is acting asthough this is just something in-side the office its not, its thetalk of Lonsdale St, one sourcesaid.

Victorian Government Solici-tor John Cain, who interviewedthe solicitors after concerns

about their appointments as as-sociate crown prosecutors wereraised with Attorney-GeneralHulls, declined to answer ques-tions about Mr Silberts letter.

Mr H u l l s al s o d ec l in ed t oanswer questions.

O p p o si t i o n L e a d e r T e dBaillieu called on Mr Hulls to or-der an inquiry.

There must now be an inves-tigation extending not only towhat has gone on in the DPPsoffice, butalso towhatRobHullsknew and when, and what hisrole has been in attempting tocover up this crisis, he said.

[email protected]


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SUNDAY, JULY 11Tensions within the Offi ce ofPublic Prosecutions over DPPJeremy Rapkes decision topromote young lawyer DianaKaramicov are revealed bythe Sunday Herald Sun.

SUNDAY, OCTOBER 10

The Sunday Herald Sunreports the top prosecutorand his deputy, Gavin Silbert,have fallen out bitterly. OPP

sources claim Rapkehas been involved in an

inappropriate relationshipwith Karamicov. We publish abrief summary of the July 19letter from Silbert to Rapke.

MONDAY, OCTOBER 11Rapke denies being involvedin an inappropriaterelationship with Karamicov(pictured right). AttorneyGeneral Rob Hullsbacks Rapke.

TUESDAY, OCTOBER 13Hulls orders Victoriansolicitor general John Cain

to investigate the crisis.

FRIDAY, OCTOBER 15A fragile peace pact is struck.

SUNDAY, OCTOBER 17A land title transfer documentobtained by the SundayHerald Sun shows Rapkewitnessed the deed of transferwhen Karamicov bought herformer husband out of theirformer matrimonial home onJanuary 8, 2008.

FRIDAY, OCTOBER 22

At 12.15pm, the SundayHerald Sun informs theOPP and government wehave obtained the full text

of the July 19 Silbert letterand intend publishingthe contents. At 4pm,Rapkes offi ce issues anunprecedented internal memoto 300 OPP staff pleadingwith them to stop leaking andwarning them the damagingletter was about to bepublished.

TIMELINE OF TURMOIL dv

..

SAoHwwfofoJ

F

AHOh

sources claim Rapkehas been involved in an

Rapkin anrelati(pict

eneback

TUESHullssolic

I call upon all prosecutors andthe staff of the OPP to rally

behind these three prosecutors and

to stop immediately the despicable

and unwarranted campaign which is

calculated to cause so much personal

hurt and embarrassment as well as

signifi cant damage to the prosecution

service of this state.

THE OPP CRISIS: RAPKE HITS BACK

Stop now: MrRapkehascalled forunity inthe OPP.

DPP lashes leakersTHIS isthefulltextof aninternalmemoDPP JeremyRapkesentto staffon Friday

afternoon.MrRapkehas declined

several requestsfrom theSundayHeraldSuntobeinterviewedover thiscontroversy

I HAVEtoday becomeawarethattheSundayHeraldSunintendsto publish on Sundayaletterwrittento mein July2010by GavinSilbertSC,ChiefCrownProsecutor.

Itwasa personalletter inwhich Mr Silbert expressedhispersonalviews aboutmyrecommendationof threesolicitor-advocates asAssociate Crown Prosecutors.

Therehas been a lotofdiscussionin themediarecentlyabout theseappointments andI nowwishtodealwiththereasonsthatmotivatedmeto makemyrecommendationsto theAttorney-General.

InApril2010I wroteto the

Attorney-General, theHonourableRob HullsMP,recommending theappointmentof sevenpersonsasSenior CrownProsecutors,CrownProsecutorsandAssociate Crown Prosecutors.

InthatletterI providedreasonsto theAttorneyfor myrecommendations.

I advisedthe Attorneythatmyrecommendationthat thethreesolicitorsbe appointedAssociateCrownProsecutorswaspart ofmy commitment toenhanceand developin-houseadvocacyin theOPPandtoprovidea recognisedcareerpathfor solicitorswho choseadvocacyas a specialisationandexcelledin it.

I informed theAttorneythatthe appointmentof thethreeAssociate CrownProsecutors wouldsignificantlyaugmenttheability of CrownProsecutorsChambersto service mybriefingneeds, particularlyintheCourtof Appealandin theareaof specialistsexualoffence prosecution.

Itwasin thosetwoareasthatI hadexperiencedbriefing pressures.

I wasconcernedto ensurethatI wasrepresented inhigher courtappealsand sex

offence prosecutions by themostskilledand experiencedspecialist advocates.

I observed thatthedemands madeby theCourtofAppealforevermoredetailed andcomplexdata

andsubmissions hadstretchedmy resourcesto thepointthatI wasthen havinggreatdifficultyin servicingtheCourt.

I advised theAttorneythatIintendedto usetwoof thethreeAssociate CrownProsecutorsas specialistCourtof Appealadvocates

whilst alsogivingthemappropriateopportunitiestodevelop theirgeneraladvocacy skills.

Itwas mystated intentionthat,initially,the AssociateCrownProsecutorswouldworkin thoseareasofspecialisationwhich Iidentifiedfor theAttorneybeforedeveloping theskillsnecessaryto conduct trialsandmore complex criminallitigation.

Suggestions thatany or allof thethree solicitorslackedthe necessary qualifications,

skillor expertisetocarryoutthefunctionsI designatedforthemare completelywithoutfoundationand aremalicious.

A panelappointedby theAttorney-Generalto assessindependentlymyrecommendations confirmedthesuitability of thosethreesolicitorsfor appointmentasAssociateCrown Prosecutors.

Thecontinuedpublicdenigrationof thesethreeprosecutorsis a disgraceandreflects poorlyonall whohavebeeninvolvedin thepublic

campaignto underminetheirstandingand careers.

Further,the personal costtothesethreepeople oftheirpublicvilificationcannotbeunderestimatedand issofrequently ignored.

Oneneeds little imaginationtoappreciatehow hurtful itmust beto them toreadin thenewspapersof theirsupposedincompetence andlack ofsuitabilityfor thepositionstowhichtheyhave beenappointed.

Thethree AssociatedCrownProsecutorshave my

fullconfidence andsupport.

Eachofthemis a finecriminallawyer andadvocateanddeservedtheirappointments.

I callupon allprosecutors

andstaff oftheOPP torallybehind thesethreeprosecutorsand tostopimmediatelythedespicableandunwarranted campaignwhich iscalculatedto causesomuchpersonalhurt andembarrassment aswell assignificantdamageto theprosecutionserviceof thisstate.

Logging issue heats upTHE Brumby Government is be-ing warned it faces the mothero f a l l c a m p a i g n s a t n e x tmonths state election if it triesto end native forest logging.

A government spokeswomany e s te rda y re f u se d t o o f f er aguarantee the industry wouldcontinueto haveaccessto nativetrees if Labor is re-elected.

Instead she appeared to backcomments in yesterdays Aust-ralian newspaper, from Con-struction Forestry Mining and

E erg U io atio al secretar

Tasmanian forest industrydealtoendnativeforest logging only aweek after Agriculture MinisterJoe Helper said his party sup-ported native logging.

But senior Labor figures fearthe Government will pledge toendnativelogging ina bidto saveinner-cityseatsunder threat fromthe Greens.

Victorian Association of ForestIndustries chief Philip Dalidakissaid the timber industry wouldnot lay down and die.

We ill fight to protect 10 000

to our last breath, he said. IfLabor breaks its promises to uswe will fight to the bitter end.

Responding to Coalition callsfor the ALP to back native log-ging, a Labor spokeswoman said:

We support maintaining asustainable timber industry inVictoria, including the many jobsassociated with forestry.

If therewas broad communityand industry support for a newdirection then clearly we wouldbe interested in examining those

proposals

Train derailsatWodonga

THIS freight train derailed inWodonga yesterday morning, dis-rupting country train services.

The Pacific National train wast ra v e ll i n g n o rt h bo u n d o n t h eWodonga Bypass at 7.10am yester-day when a bogie buckled, dislodg-ingthecarriageand sending itoverthe Wodonga Creek Bridge.

Australian Rail Track Corpor-ation spokesman Brad Emery saidthough the train driver did not suf-fer any injuries, 660m of rail was

d a a ge d a d 5 5 0 c o cr e t e

grant hattam quill award for investigative journalism 2010

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