MR O’BRYAN: All right. Thanks for that. All right, you may 24
leave the witness box. Thank you for your assistance, Mr 25
Gamble. 26
THE WITNESS WITHDREW [11.34 am]
27 28 29
MR O’BRYAN: I understand the next examinee is Mr Conway, and 1
Mr Conway is represented, as I understand it, by Mr 2
Andreou. Good morning, Mr Andreou. 3
MR ANDREOU: Good morning, Commissioner. 4
MR O’BRYAN: Is your client nearby? 5
MR ANDREOU: He is outside this court room, Commissioner. 6
MR O’BRYAN: He has been called. How long do you think 7
roughly he will be? 8
MR ANDREOU: He is only outside these first doors. 9
MR O’BRYAN: He is outside. Yes, all right. Thanks very 10
much. Well, have a seat at the bar table. 11
MR ANDREOU: Thank you. 12
MR O’BRYAN: Mr Conway, good morning. Please take a seat 13
there for a minute, and I will ask you to enter the 14
witness box in a few minutes. This examination is to be 15
video recorded. Please commence the recording. Today’s 16
date is 8 May 2015, and the time is 11.36 am. My name is 17
Steven O’Bryan. I am conducting this examination under 18
powers delegated to me by instrument dated 5 September 19
2013, a copy of which has already been marked exhibit 1. 20
This examination is being held and conducted under part 6 21
of the Independent Broad-based Anti-corruption Commission 22
Act 2011 as part of an investigation under part 3 of that 23
Act. 24
I take this opportunity to draw your attention, Mr 25
Conway, and to your counsel that this examination is 26
inquisitorial in nature. This means that I am not bound 27
by the rules of evidence and that I can regulate the 28
conduct of the examination as I consider appropriate. 29
The examination is open to the public. Mr Conway, you 30
may be represented by Mr Andreou, however the IBAC Act 1
gives me the power to review that decision in certain 2
circumstances, and we can talk about this afterwards, Mr 3
Andreou, but you will be given an opportunity at an 4
appropriate stage should you wish to exercise it to ask 5
your client any questions, to clarify anything and to 6
otherwise make a submission to statement. We will come 7
back to that later. 8
MR ANDREOU: Certainly, Commissioner. 9
MR O’BRYAN: Mr Andreou, I am required to inform you as Mr 10
Conway’s legal representative of certain non-disclosure 11
requirements which apply to you pursuant to subsections 12
131(d) and 44(2)(b) respectively of the IBAC Act, namely 13
you may not disclose the restricted matter specified in 14
the confidentiality notice received by your client and 15
dated 13 March 2015 to any other person while the notice 16
has effect. To do so is a criminal offence. You may 17
disclose the restricted matter specified in the 18
confidentiality notice in accordance with a direction or 19
authorisation given by me or another appropriately 20
qualified IBAC officer, or for the purposes of complying 21
with a legal duty of disclosure, or a professional 22
obligation arising from your professional representation. 23
Mr Conway, I would ask you now to please enter the 24
witness box, and please be seated, Mr Conway. Do you 25
have a middle name, Mr Conway? 26
MR CONWAY: Boyd. 27
MR O’BRYAN: B-o-y-d? 28
MR CONWAY: That’s correct. 29
MR O’BRYAN: Pursuant to my delegated powers, I now require 30
you to take an oath or make an affirmation. Which of 1
those two options do you prefer? 2
MR CONWAY: An affirmation, thank you. 3
DOUGLAS BOYD CONWAY, AFFIRMED [11.39 am] 4
MR O’BRYAN: Because this is an inquisitorial 5
examination, the procedure differs from procedure which 6
are adversarial in nature, Mr Conway. Counsel assisting 7
me, Mr Woodward will question you on matters relevant to 8
the investigation, and I may also ask you some questions. 9
And as you have heard, at an appropriate stage, should he 10
want to, Mr Andreou will be able to ask you questions or 11
to say something on your behalf. Some other preliminary 12
matters I must deal with are as follows: I am required 13
to advise you of the nature of the matters in respect of 14
which you are to be asked questions. They are to give 15
evidence before this Commission in relation to you 16
knowledge of matters, the subject of the scope and 17
purpose described in the preliminary information and 18
directions for public examinations in Operation Ord, a 19
copy of which you would have received. Mr Conway, at the 20
time you were served with those summons to attend today, 21
did you also receive a document titled “Section 121(3)(c) 22
Statement of Rights and Obligations”? 23
MR CONWAY: I did. 24
MR O’BRYAN: And has either Mr Andreou or another lawyer been 25
through that document with you and explained it to you? 26
MR CONWAY: Yes, they have. 27
MR O’BRYAN: Thank you very much. Final thing is this. For 28
both you, Mr Conway and you Mr Andreou, because this 29
investigation involves a protected disclosure under the 30
Protected Disclosures Act, I am required to advise you of 1
two matters. First you would be committing a criminal 2
offence if you disclosures the content or information 3
about the content of the disclosure. Secondly, you would 4
also be committing a criminal offence if you disclose 5
information likely to lead to the identification of a 6
person who made the assessable disclosure. That of 7
course assumes you know those things. But you may not. 8
Mr Conwy, for your part you may disclose the content, 9
or information about the content of the protected 10
disclosure to Mr Andreou for the purpose of obtaining 11
legal advice, or as part of your representation here. I 12
am otherwise satisfied that the limited exceptions which 13
would allow such disclosure do not apply in this case, 14
and I do not allow disclosure for any other purpose. Mr 15
Andreou, for your part you may disclose such information 16
for the purpose of complying with a legal duty of 17
disclosure or a professional obligation arising from your 18
professional relationship with your client. Examination 19
will commence, and I authorise Mr Woodward to conduct it. 20
Thank you, Mr Woodward. 21
MR WOODWARD: Thank you, Commissioner. Mr Conway, do you 22
attend here today pursuant to a summons served on you by 23
IBAC? 24
MR CONWAY: That’s correct. 25
MR WOODWARD: I will have handed to you a bundle of copy 26
documents, the top of one of which should be a covering 27
letter. And then beneath that is a copy of the summons 28
you received, number SE1396? You see that? 29
MR CONWAY: Yes. 30
MR WOODWARD: Then a confidentiality notice that came with the 1 summons? 2 MR CONWAY: Yes. 3
MR WOODWARD: And finally the document that the Commissioner 4
asked you about a moment ago, the Section 121(3)(c) State 5
of Rights and Obligations? 6
MR CONWAY: Correct. 7
MR WOODWARD: And you also received the covering letter with 8
that, is that correct? There’s a covering letter on the 9
top dated 13 March? 10
MR CONWAY: Yes. Yes. 11
MR WOODWARD: And those are copies of the documents you 12
received? 13
MR CONWAY: They are, yes. 14
MR WOODWARD: Thank you. I will tender those please, 15
Commissioner. 16
MR O’BRYAN: Yes. Well, that bundle of documents will be 17
marked exhibit 130. 18
EXHIBIT #130 BUNDLE OF DOCUMENTS