Extract from The Guardian
Phil Gaetjens says parliament inquiry into who knew what and when could disrupt criminal investigation
Last modified on Mon 22 Mar 2021 18.57 AEDT
Phil Gaetjens has paused his inquiry into contact between Scott Morrison’s political staff and Brittany Higgins because it could disrupt a criminal investigation into the rape allegation by the Australian federal police.
Gaetjens, the secretary of the Department of Prime Minister and Cabinet, told a Senate estimates hearing on Monday the move followed “strong advice” from the AFP commissioner, Reece Kershaw, on 9 March.
Kershaw, appearing before a different estimates committee, was more equivocal.
Asked whether he asked Gaetjens to alter the terms of reference or go slow with his inquiries, the AFP commissioner replied: “No but that’s a decision [Gaetjens] may wish to take but based on the conversations I’ve had in terms of any intersection with our criminal investigation.”
Kershaw was asked whether those inquiries would hamper the police investigation and said “it may”.
Kershaw said he had consulted with the chief police officer of the ACT “just to ensure we had that clean corridor, that that investigation was not disturbed … you didn’t want anything to intersect with that investigation”.
Pressed on whether he had made any specific requests to Gaetjens about the nature of his report, Kershaw said: “No, I think we looked at the terms of reference and that’s a matter for the secretary, not me, to make that determination.
But the AFP commissioner later sought to clarify his evidence, saying he supported Gaetjens’ decision to put on hold the process of finalising the inquiry.
In a statement issued shortly before parliamentary question time on Monday, Kershaw said: “I confirm I informed Mr Gaetjens on 9 March it was strongly advisable to hold off finalising the records of interviews with staff until the AFP could clarify whether the criminal investigation into Ms Higgins’ sexual assault allegations may traverse any issues covered by the administrative process he was undertaking.”
Kershaw added: “When the AFP has clarity about whether there is no intersection between Mr Gaetjens’ administrative inquiry and the criminal investigation I will contact Mr Gaetjens so he can move to completion of his inquiry.”
Morrison requested that Gaetjens check communications between his parliamentary staff and Higgins on 17 February because there were conflicting accounts about whether senior players in the prime minister’s office were aware of key details of the alleged assault before the former Liberal staffer went public with her story on 15 February.
Gaetjens, who made an unusual appearance before Monday’s estimates hearing, made it clear his inquiries were put on hold after consultation with Kershaw in the second week of March – so before last week’s parliamentary sitting.
Gaetjens told the hearing that he conveyed that decision to Morrison and his advisers. “I emailed the prime minister’s office staff to tell them that I would be not completing the documentation, as per the commissioner’s advice, and at that same time, I also told the prime minister of that, just in case his staff asked him any questions as to what was going on.”
Labor pursued Morrison in parliament last week for an update on the Gaetjens inquiry given no information had been provided about the process for more than a month.
Last week, Morrison, despite having being advised by Gaetjens that the process was on hold, did not disclose that fact during question time.
The prime minister told the house last week that Gaetjens had not “provided me with a further update about when I might expect that report, but I have no doubt that the opposition will be able to ask questions of him in Senate estimates next week”.
Morrison said it would be completely inappropriate for him to be involved directly in the Gaetjens process. Gaetjen’s work needed to be conducted at “arm’s length”, he said.
Gaetjens attended Monday’s estimates hearing and made the short statement confirming he had paused the inquiry on advice from the AFP. The departmental secretary then declined to answer further questions on the basis that his answers could prejudice the police investigation.
Gaetjens did, however, confirm that he had not spoken to Higgins as part of his inquiries despite the fact his process is seeking to ascertain whether or not Morrison’s political staff had been in contact with Higgins prior to mid-February.
Gaetjens said he had not spoken to Higgins because he wanted to respect her privacy.
When it was pointed out to him that Kershaw’s evidence in another committee hearing on the same morning had been more equivocal, Gaetjens said he was aware of the different accounts, but he could only repeat his “earlier answer” which was that the inquiry was paused after strong advice from the commissioner.
Other players, including the Senate president Scott Ryan and senior officials from the Department of Parliamentary Services, also declined to answer questions in Monday morning’s hearings on the basis answers might prejudice the police investigation.
Labor and Green senators expressed significant frustration about the lack of transparency from witnesses on Monday morning, at various times adjourning hearings to seek further advice.
At one point, Labor’s Senate leader Penny Wong told Ryan he could not “decline to answer a question on the basis of a prejudice you can’t identify”.
In relation to Gaetjens, the Labor frontbencher Katy Gallagher declared that Morrison had sent his departmental head to answer questions that he was now declining to answer.
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