Set as a procedural hearing, the first court session of the coronial inquiry into the Orroral Valley fire ended on adversarial terms with one lawyer accusing another of imposing his "silken tones" upon the court after the Defence department was allowed to withhold certain information.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The fact finding on the fire, accidentally sparked by a Defence helicopter, will focus on what Chief Coroner Lorraine Walker described as "the apparent lack of explanation for a period of time" - the 45 minutes it took for the helicopter crew to alert the ACT Emergency Services Agency.
John Maconachie QC, representing a group of fire-impacted Bumbalong residents, who are seeking to be part of the proceedings, accused the Defence department's lawyer of uttering "magic words" and imposing his "silken tones" on the court after his application for a non-publication order for some of the department's information was granted.
Basis of non-publication order
Michael Fordham SC argued that the application was based on public interest immunity and that the order would allow it to check for confidential issues in the information released as part of the brief of evidence.
As part of that order, access to the defence material is allowed only for the inquiries' parties, which include ACT ESA and ACT Parks and Conservation Service.
Mr Fordham also had his bid for the Bumbalong residents to be excluded from seeing the department's information granted, even though the residents' application to be part of the inquiry has not been decided.
How and when immunity applies
Public-interest immunity (PPI) protects confidential information where publication of it would harm the public interest.
This includes information related to various categories, including the security, defence or international relations of Australia; and, the proper functioning of a government.
During the directions hearing on November 29, Mr Fordham said "my client took the view that there was an obvious PII matter that's already been dealt with".
Near the close of the hearing, Mr Maconachie criticised Mr Fordham's "'I'm-from-the-government, I'm-here-to-help-you' approach that Mr Fordham with his silken tones ... is imposing upon you [Chief Coroner]".
"[He] has uttered the magic words PII and confidentiality ... it's so much more important in our respective submission that you have assistance with issues just like that." Chief Coroner Lorraine Walker responded with: "If it gives you any comfort ... what persuaded me to call this inquiry was the apparent lack of explanation for a period of time," she said.
Offer of no redactions in internal investigations
Mr Fordham also applied for Defence to conduct its own internal interviews as part of the investigations for information for the evidence brief; however, the Chief Coroner rejected that proposal.
Mr Fordham said Defence offered to conduct interviews of its personnel as part of the investigation for the hearing's brief of evidence. He said they were "more than happy" to take questions from the court "to present them and take the statements" because it would help with resources.
He said another benefit was the details an internal process could obtain because they would know their systems "perhaps better than your honour and investigators will".
"We would not redact anything before sending them to you," Mr Fordham said.
Chief Coroner Lorraine Walker, however, said her preference was for her appointed investigators to conduct the interviews, otherwise individuals may be called to give evidence in court.
Mr Fordham and his office have not responded to requests for more information about its court applications.
Bumbalong residents' bid to be part of the inquiry
While the Chief Coroner cannot inquire about what happened in NSW after the fire sparked two others in the Snowy Mountains, a crux of the initial hearing centred on whether Bumbalong residents being a party to the proceedings would lead to a redundant "contradictor", who challenges the contentions of the parties involved in a case.
Mr Maconachie said the NSW Clear Range fire "had its genesis" in the ACT.
He said his clients had sufficient interest in the Orroral Valley fire's cause and wanted to help by being "a contradictor of those who have, at least prima facie, different interests in what was the cause".
However, counsel assisting the coroner Kylie Nomchong SC said the contradictor was "basically my role" and that the Chief Coroner needed to be persuaded that Mr Maconachie would offer more expertise.
Ms Walker reserved her decision about the Bumbalong residents' application.
RELATED
Earlier in the hearing, Ms Nomchong said the draft terms of reference of the inquiry would explore three key issues.
First, the circumstances of the operation by the Australia Defence Force, ACT ESA and ACT Parks and Conservation Services.
Second, the arrangements between those organisations about their roles and communications.
Third, a detailed examination of the roles, movements and actions of personnel aboard the helicopter ANGEL21 and, in particular, the communications between those personnel and the relevant organisations and the impact of those matters on efforts to control the fire's spread.
The hearing of the inquiry is listed tentatively for mid July.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark canberratimes.com.au
- Download our app
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter
- Follow us on Instagram