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Hand over AWB files, spies told

18 Sep, 2009 06:22 AM
AWB has made some progress in its search for evidence about the Howard government's knowledge of the grains exporter's payment of "transport fees" to Saddam Hussein's regime.

The Federal Court yesterday ordered a federal intelligence agency, the Office of National Assessments, to produce 15 edited reports for potential use in a $100 million shareholder class action against AWB beginning in November.

Justice Lindsay Foster said it was "sufficiently on the cards" that the reports, and lists of officials who saw copies of them, would advance AWB's defence that the Department of Foreign Affairs knew about the payments.

ONA had resisted a subpoena from AWB, arguing that producing the reports would endanger national security.

Justice Foster ruled that there was little risk of that because the material had already been exposed during the 2006 commission of inquiry into the Iraqi kickbacks headed by Terence Cole, QC.

Mr Cole, who did not have a security clearance, published a "distillation" of the contents of the reports.

Parts of the reports had been masked on security grounds before Mr Cole distilled them by lawyers assisting him who had security clearances.

Justice Foster accepted AWB's submission that the rules of evidence would require it to tender the edited reports, rather than the distillation.

ONA will have another chance to object to AWB using the reports after Justice Foster has read them.

ONA's director-general, Allan Gyngell, gave evidence that Australia's intelligence partners would be "extremely anxious and displeased" if any of the information in the reports was disclosed "for the purposes of civil litigation between private citizens".

The provision of the material to the Cole inquiry had been at the request of the United Nations and the then Prime Minister, John Howard, Mr Gyngell said.

Foreign intelligence agencies had expressed "considerable displeasure" that any disclosure was made to the Cole inquiry, he said.

The shareholders allege they suffered loss because AWB concealed its payment of transport fees to the former Iraqi government in breach of United Nations sanctions.

They argue that if Australian officials had known about the payments, ministerial permission would not have been granted for AWB's shipments of wheat to Iraq.

The ONA had a partial victory when Justice Foster upheld its claim for public interest immunity in relation to 47 reports, which were read by lawyers assisting the Cole inquiry who had security clearances but not given to Mr Cole because they were deemed insufficiently important to his inquiry.

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I've said it before and I'll say it again. Irag's railways were wiped out in the Gulf War. Trucks were the only mode of transport and not on the best of roads. It would have taken 255,000 30-ton carrying capacity trucks to shift this grain all over the country. $39/t, not bad compared to here. You just couldn't help yourself Mr Rudd. You gave no thought to anybody else other than yourself when you started all this off. The Americans have been laughing all the way to the bank since.
Posted by Will, 21/09/2009 2:34:50 PM
Notification or request to ship goods to Iraq (500,000 m/t 10.5% protein Australian Wheat @ EURO 294.38 = Australian Dollars $521.00 per metric tonne C.I.F. the port of Umm Qasr Iraq) was submitted by the Australian Mission to the United Nations of the Department of Overseas & Trade New York office on January 9/2003 to the Office of Iraq Programme. Exporter AWB Limited 528 Lonsdale St. Melbourne Victoria. Receiving Company: Grain Board of Iraq PO Box 329 Baghdad Iraq At the time the price paid to Australian farmers was $269.50 @ m/t FOB Australian Port. The question needed to be asked is what happened to the $251.50 per tonne less freight & insurance to Umm Qasr. There is nothing in the documentation pertaining to this shipment about inland trucking. I doubt the contents of such would endanger national security. Without knowing & without meaning to, Australian farmers through the actions of AWB Ltd, The Department of Trade and other various agencies supported the regime of Saddam Hussein. Perhaps a stimulus package representing money Iraq still owes to Australian farmers from the 1990/1991 season would be the answer to this whole mess.
Posted by steffi, 22/09/2009 12:41:19 PM

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