Madden Defends Ban On Quizzing Witnesses

The Age

Friday May 4, 2007

Liz Minchin, Environment Reporter with Royce Millar

PLANNING Minister Justin Madden has defended a ban on questioning expert witnesses at an inquiry into dredging Port Phillip Bay, saying the public had already had enough of a say in the process.

Late last month The Age revealed that one of Melbourne's leading planning lawyers, Chris Canavan, QC, had refused to represent the Port of Melbourne Corporation at the dredging hearings in June on the grounds that the ban on cross-examining witnesses was unfair and unprecedented.

It was through cross-examination in an earlier inquiry, in 2004, that questions were raised about the port authority's original environment effects study, which it has since conceded was inadequate.

But Mr Madden said yesterday he did not see a need for people other than the panel to cross-examine witnesses. "This is an inquiry, not a court case," he said in a statement.

"The public has had opportunities to have their say through the submissions and public hearing process.

"The panel will ask questions of witnesses and has the capacity to seek information through the terms of reference."

As a result of questions raised through the original inquiry, the port authority was ordered to conduct further studies. It has produced a 15,000-page supplementary environmental effects study (SEES), which has been available for public comment for six weeks.

Critics of the process, including senior legal figures and opponents of channel deepening, said it was ridiculous to expect people to be able to read and respond to a 15,000-page document in such a short time, without any opportunity to ask further questions during the inquiry. -- With ROYCE MILLAR

© 2007 The Age

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