The head of Victoria’s hotel quarantine inquiry has refused Opposition Leader Michael O’Brien leave to appear at the probe's public hearings, rejecting the application as a challenge to her independence.
Hearings resume on Monday, with Doherty Institute genomics expert Professor Benjamin Howden to present data showing the link between Melbourne’s quarantine hotel outbreaks and the second surge of the coronavirus.
COVID-19 has so far killed 309 people in Victoria and on Sunday the state recorded 279 new cases and 16 deaths.
Victoria's hotel quarantine inquiry hearings, chaired by Justice Jennifer Coate, resume on Monday.Credit:James Ross-Pool
The state’s opposition will play no part in the hearings, with inquiry chair Jennifer Coate rejecting Mr O’Brien’s argument he has a "direct or special interest" in the probe on behalf of Coalition voters. Mr O'Brien also submitted that his participation would "enable a different voice to be heard" and ensure the inquiry's findings were seen to be above politics.
In an unpublished ruling obtained by The Age and The Sydney Morning Herald, Justice Coate rejected these arguments and defended the independence of her inquiry.
"I am left in no doubt that the subject matter of this inquiry is of enormous significance to all of the people of Victoria," she said.
"It will be conducted on behalf of all Victorians. It is at least implied by the applicant that without his involvement, the board will not (or will not appear to) bring appropriate 'reasoned perspective' or independence to its task. I do not accept this submission."
In response, counsel for Mr O’Brien said this mischaracterised his client's arguments.
"No such submission was made and the asserted implication was not open to be drawn," Michael Wyles, QC, said.
"As Leader of the Opposition, Mr O’Brien is uniquely placed to assist in dispelling any apprehension on the part of the fair-minded lay observer that the board is not bringing the requisite degree of independence, expected by the fair-minded lay observer, to its task."
Victorian Opposition Leader Michael O'Brien argued his participation would "enable a different voice to be heard" and ensure the findings were seen to be above politics.Credit:Darrian Traynor
Mr Wyles said the need to guard against such apprehension was "exacerbated" by the dispute between Premier Daniel Andrews and the Australian Defence Force over whether ADF personnel were available to help with the hotel quarantine program.
The first witness before the inquiry on its resumption is Professor Lindsay Grayson, an infectious disease expert with Austin Health and the University of Melbourne. He is expected to provide testimony about the spread of infections and nature of the virus, which has so far been linked to 770,000 deaths around the world.
In late May, when the virus first broke out of hotel quarantine, 19 people in Victoria had died from COVID-19. The figure climbed past 300 on Sunday, when the Andrews government extended its state-of-disaster decree until September 13.
Professor Grayson's testimony will be followed by Professor Benjamin Howden, the medical director of the Doherty Centre for Applied Microbial Genomics. Genomic tracing by the Doherty Institute linking nearly all of Victoria’s second-surge outbreaks to quarantine hotels prompted Mr Andrews to establish the Coate inquiry.
Shadow attorney-general Edward O'Donahue last week wrote to Justice Coate requesting that she correct Mr Andrews' "erroneous" references to a judicial inquiry. Justice Coate said this was unnecessary.
Leave to appear before the inquiry would have allowed Mr O’Brien to instruct counsel to represent him during the public hearings and to cross-examine witnesses including senior public servants, government ministers and, potentially, Mr Andrews.
In his submissions, Mr O’Brien cited the example of the Tricontinental royal commission, in which the Liberal Party, while in opposition, was granted leave to appear.
Justice Coate noted that hearing was held before the legislation underpinning her board of inquiry was enacted, and therefore could not serve as a precedent.
Justice Coate was moved to defend the independence of her inquiry.
"This board is not engaged in a political exercise, nor is its task conducted on behalf of any sectional interests," she said. "It is, by definition, 'above politics'. That is its raison d’etre.
"Indeed, if it were otherwise, the board could open the prospect that any range of sectional interests could assert a direct or special interest in the subject matter of its inquiry."
Justice Coate, noting Mr O’Brien’s experience as a legislator, invited the Opposition Leader to make a written submission at the end of the public hearings on any matters of legislative change, government structures, developmental planning or policy he wanted to raise.
Mr O’Brien is now pushing for timely access to documents and evidence before the inquiry, including a full list of witnesses, to enable him to prepare written submissions.
He said on Sunday: "Given this fiasco impacts every single Victorian, it is critical that the inquiry hears and has input from as broad a range of the community as possible. I stand ready to assist wherever possible to help."
Chip Le Grand is The Age’s chief reporter. He writes about crime, sport and national affairs, with a particular focus on Melbourne.
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2020-08-16 13:30:00Z
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