There’s a lot of talk in Perth right now about the man who has been chosen to oversee the state’s royal commission into alleged money laundering inside Crown’s WA casino.
Former Supreme Court justice Neville Owen was chosen by the McGowan government in March to oversee the inquiry into the gaming giant after last year’s damning Bergin report.
The commission is examining the state’s regulatory framework including “any actual or perceived conflicts of interest” by officers involved in casino regulation.
But it has been potential conflicts of interest at the inquiry — not Crown — that have people talking.
Owen told the inquiry last month he had a close personal association with billionaire Kerry Stokes. He later added that he was a director of several companies associated with the Stokes family.
The declarations have cast a shadow over the proceedings, given the boss of Stokes’ Seven West Media empire, Maryna Fewster, is also a director of Crown Perth, and was called to give evidence to the inquiry. Another senior Stokes executive, John Alexander, is Crown’s former executive chairman and was called to give evidence last week.
The revelation is causing friction inside McGowan’s cabinet, with reports Attorney-General John Quigley did not know about the connection between Owen and Stokes and would not have given Owen his support had he known. He has since denied he said this and given Owen his full support.
McGowan has insisted the connections are not a conflict of interest and put it down to Perth being a small town: “We’re not a big enough place to avoid that, so I’m not particularly concerned about this.”
But legal experts say that even the perception of a conflict of interest could undermine the inquiry’s findings.
“Any intersection of interests unfortunately leads to a perception of a conflict of interest. And a perception of a conflict of interest is as bad as a conflict of interest,” Geoffrey Watson, former ICAC counsel assisting and the director of the Centre for Public Integrity, said.
Professor Simon Rice at the University of Sydney law school says any perceived conflict of interest, if found, was also a risk for the WA government: “[If there is a conflict of interest] the commission’s process and findings will be compromised in the public eye.”
Owen maintains that none of his connections to Stokes or any of the witnesses raised conflict of interest concerns. He referred Crikey to his statements made in the public hearings on July 29 and August 18.
“I have publicly declared my association with the chairman of Seven West Media Ltd — who is not the subject of this inquiry. I have nothing further to add,” he said.
But regardless of whether there is a conflict or not, this is proving to be a big distraction for an important inquiry — one that could determine whether Crown is allowed to keep its casino licence in WA.
It also leaves the state government to defend the integrity of an inquiry that now faces unresolved questions of independence.
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