Search
This area does not yet contain any content.
Justinian News

Balkan intrigues ... Old coppers stagger into the Croatian Six inquiry ... 15-year jail terms in 1980 for alleged terrorism ... Miscarriage of justice under review ... Verballing ... Loading-up ... Old fashioned detective "work" ... Evidence so far ... Hamish McDonald reports ... Read more >> 

Politics Media Law Society


Splitting heirs ... How to get rid of the Royals – a Republican tours Orstraya … Underneath their robes – sexual harassment on the bench … Credit card fees – so tricky that only economists know what to do … Muted response to Drumgold vindication … Vale Percy Allan ... Read on ... 

The Financial Times examines criminal trial delays in England & Wales ... About 70,000 cases on waiting lists at Crown Courts ... More >>

Free Newsletter
Justinian Columnists

Blue sky litigation ... Another costly Lehrmann decision ... One more spin on the never-never ... Arguable appeal discovered in the bowels of the Gazette of Law & Journalism ... Odious litigants ... Could Lee J have got it wrong on the meaning of rape? ... Calpurnia reports from the Defamatorium ... Read more >> 

Blow the whistle

 

News snips ...


This area does not yet contain any content.
Justinian's Bloggers

Online incitements ... Riots in English cities fed by online misinformation about refugees ... Policing and prosecution policies ... Fast and furious processing of offenders ... Online Safety Act grapples with new challenges ... Increased policing of speech on tech platforms ... Hugh Vuillier reports from London ... Read more >> 

"Mistakes of law or fact are a professional inevitability for judges, tribunal members and administrative decision makers."  

Paul Brereton, Commissioner of the National Corruption Concealment Commission, downplaying the Inspector's finding of bias and procedural unfairness with his conflicted involvement in the decision making about Robodebt referrals ... Read more flatulence ... 


Justinian Featurettes

Vale Percy Allan AM ... Obit for friend and fellow-traveller ... Prolific writer on economics and politics ... Public finance guru ... Technocrat with humanity and broad interests ... Theatre ... Animals ... Art ... Read more ... 


Justinian's archive

A triumph for Victorian morality ... Ashton v Pratt ... In the sack with Dick Pratt ... Meretricious sexual services renders contract void on public policy grounds ... Justice Paul Brereton applies curious moral standard ... A whiff of hypocrisy ... Doubtful finding ... Artemus Jones reporting ... From Justinian's Archive, January 24, 2012 ... Who knew the NACC commissioner had strong views on the sanctity of marriage ... Read more ... 


 

 

« Dot gets bored and has a facial | Main | Kirby goes to prison »
Thursday
Mar172011

Hatzistergos v Cowdery - final round

The appointment of Ian Temby as acting NSW DPP was unnecessary, expensive and an act of vindictiveness, according to Theodora

Attorney General John Hatzistergos phoned outgoing DPP Nicholas Cowdery on Wednesday (March 16) and told him Temby would be taking over for two months as acting DPP, until the incoming government found a replacement.

He rejected Cowdery's offer to stay on as acting director. Cowdery ends his 17-year stint as NSW DPP today (Friday, March 18), one day before his 65th birthday on Saturday.

Hatzistergos' explanation for the rejection of Cowdery's offer was that the legislation doesn't allow him to extend his appointment, even in an acting capacity.

Curiously, he told the DPP this was the advice he had from the Solicitor General, but according to Cowdery's version of the conversation with the AG, the SG said the situation "might be open to other interpretations".

Indeed it might, because the saving and transitional provisions of the DPP Act say that the amendments of 2007, which removed Cowdery's life tenure (till age 72) and made him ineligible for reappointment ("including reappointment after the end of the director's term"), do not apply to any senior officer of the DPP who held office immediately before the commencement of the amendments. See s.36(4) DPP Act.

It was sheer bloody mindedness on the part of Hatzistergos that prevented Cowdery being extended for a few more months.

All the more so because having Cowdery as acting DPP would have saved the state money. Temby is to be paid at least the DPP's salary - at the rate of $354,030 p.a. plus $22,000 by way of a "conveyance allowance".

Had Cowdery been permitted to stay on, his pay would be the difference between his pension and his salary - a saving to the state of 40 percent of the usual DPP's purse.

Hatzistergos would not even appoint the deputy DPP, Lou Lamprati SC, as acting director. Temby is it.

Hatzistergos effectively forced Cowdery out of the job before the expiry of his tenure by refusing to amend an anomaly in the provisions which require the DPP to take his pension at 65, even though he could serve as director to the age of 72.

Small mindedness is never attractive, but at least Hatzistergos is not among those ALP characters who would have kept Ian Temby on a black list for what he did to Labor icon Lionel Keith Murphy.

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Member Account Required
You must have a member account on this website in order to post comments. Log in to your account to enable posting.