"suggestions" were made to Ms McColl during the review of the draft Report tends to support the conclusion that the Commission in effect delegated to Ms McColl responsibility for assessing witness credibility in that it inverts the process of the Commission making the Report. Ms McColl's provision of "services" to the Commission would well involve the making of suggestions to it; not the converse. In any event, having regard to the admitted adoption by the Commission of Ms McColl's assessments on what was recognised to be such an important issue, I would uphold Ground 1.
342 Senior Counsel for the Commission accepted that if Ground 1 were to be upheld then it would follow that the report was beyond power (AT 2.45-46). Therefore, I would find for the applicant and quash the findings of serious corrupt conduct.
343 As to the remaining grounds of review, I agree with the conclusions reached by the majority.
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Amendments
26 July 2024 - Typographical error in date at [61] amended
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Decision last updated: 26 July 2024
