THE AGE
http://www.theage.com.au/daily/990908/news/news14.html
September 8, 1999

Reveal Reith letter: judge 

 By PAUL ROBINSON 
 WORKPLACE EDITOR 

 A Federal Court judge has compared allegations
 against the federal employment advocate to a
 senior police officer being accused of
 corruption.

 Justice Shane Marshall told the court that
 allegations against Mr Jonathan Hamberger by
 the Construction, Mining, Forestry and Energy
 Union were extremely serious.

 The union claims that Mr Hamberger tried to
 coerce it, and the building company, Multiplex,
 to alter a labor agreement negotiated in May for
 the Federation Square project.

 Justice Marshall said: ``The proceeding before
 the court involves a very serious allegation of
 what is contended to be a gross abuse of power
 by a very senior public official; that is, that he
 has allegedly engaged in the very conduct
 which it is his duty to seek to prohibit. It is
 analogous to a proceeding in which a corruption
 claim is made against a senior police officer.''

 Justice Marshall had been asked to release a
 letter written by the Workplace Relations
 Minister, Mr Peter Reith, to the Prime Minister,
 Mr John Howard, believed to be about the
 Federation Square issue. Mr Hamberger is also
 said to have a copy of the letter.

 Four months ago, the construction and forestry
 union alleged that Mr Reith and his agents
 threatened to withhold $50million in federal
 funding for the $250 million project unless
 there were changes to the agreement.

 Counsel for the Federal Government, Dr Gavin
 Griffith, QC, opposed releasing the Reith letter,
 arguing that it was confidential.

 Counsel for the union, Ms Rachel Doyle, said
 the letter was created outside Cabinet and
 should be released. She said it could reveal that
 Mr Reith directed Mr Hamberger.

 Justice Marshall said it was hard to assess the
 competing legal claims without seeing the
 document. ``It may transpire that the court is
 none the wiser after inspection, but anything
 that may assist the resolution of the requisite
 balancing process in what is a most difficult
 issue is likely to be of some assistance.'' He
 ordered the letter to be produced in court within
 21 days.


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