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You are here: Home Investigating corruption Past investigations 2012 Examination of Wivenhoe Dam engineers' conduct
You are here: Home Investigating corruption Past investigations 2012 Examination of Wivenhoe Dam engineers' conduct
You are here: Home Investigating corruption Past investigations 2012 Examination of Wivenhoe Dam engineers' conduct

Examination of Wivenhoe Dam engineers' conduct

Overview

On 16 March 2012, the then Premier formally referred the matter to the CMC following a recommendation in the Queensland Floods Commission of Inquiry that it investigate the conduct of three of the engineers operating Wivenhoe Dam.

The express terms of the Queensland Floods Commission of Inquiry’s recommendation to the CMC [16.1] are set out in its final report, as detailed below:

16.1 The Crime and Misconduct Commission should investigate whether the conduct of Mr Tibaldi, Mr Ayre and Mr Malone relating to:

  • preparation of documents surrounding the January 2011 flood event, including the 17 January 2011 brief to the Minister, the 2 March 2011 flood event report, and statements provided to the Commission; [and]
  • oral testimony given to the Commission

evidences offence/s against the Criminal Code, and/or official misconduct under the Crime and Misconduct Act 2001 committed by any, or all, of them.

The CMC undertook a preliminary assessment and concluded the most efficient way forward was to engage retired Justice of Queensland Court of Appeal, John Jerrard QC, to complete a full examination of the material and provide advice to the CMC.

Current status

On 20 August 2012, the CMC finalised an extensive review of material provided by the Queensland Floods Commission of Inquiry.

The CMC is satisfied that upon examination of the material, there is no evidence to suggest the conduct of the engineers evidences offences against the Criminal Code or official misconduct and accepts Mr Jerrard’s conclusion that it would be an unjustifiable use of resources to take any further action.

Related documents and links

Advice

Advice of John Jerrard QC (PDF, 320 KB)

Advice of John Jerrard QC (DOC, 102 KB)

Report

Final report of the Queensland Floods Commission of Inquiry

Media releases
and statements

CMC finalises examination of Wivenhoe Dam engineers’ conduct - 21.08.2012

Last updated: 25 March 2013

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