THE OIL-FOR-FOOD INQUIRY

By Letters Patent dated 10 November 2005, the Hon. TRH Cole AO RFD QC was appointed Commissioner to conduct an inquiry into and report on whether decisions, actions, conduct or payments by Australian companies mentioned in the Final Report (‘Manipulation of the Oil-for-Food Programme by the Iraqi Regime’) of the Independent Inquiry Committee into the United Nations Oil-for-Food Programme breached any federal, state or territory law. The terms of reference were subsequently changed to expand the scope of the Inquiry and to include further companies.

The Inquiry was instigated following the expressed wish of the Secretary-General of the United Nations, Mr Kofi Annan. He issued a statement on 27 October 2005 with the release of the Committee’s report, requesting that ‘national authorities will take steps to prevent the recurrence of such practices in the future and that they will take action, where appropriate, against companies falling within their jurisdiction’.

Since its commencement in November 2005, the Inquiry reviewed over 400,000 pages of material and heard over 70 days of oral evidence. This evidence was taken from current and former officers and directors of the companies which were the subject of the Inquiry as well as officers of numerous government departments and agencies. The Prime Minister, the Deputy Prime Minister (and Minister for Trade), and the Minister for Foreign Affairs also appeared to give evidence.

As the solicitors assisting the Inquiry, AGS provided legal support to Commissioner Cole and to counsel assisting. The AGS team had primary responsibility for:

• dealing with the parties and witnesses and their legal representatives
• managing and reviewing the material produced
• preparing evidence for tender
• instructing counsel assisting in the hearings.

AGS also provided legal advice to the Commissioner, and was involved in the identification and consideration of relevant issues and the preparation of submissions.

The AGS team included Diana Kondilios (secretary to the Commissioner), Asaf Fisher (research associate to the Commissioner), and solicitors assisting – Glenn Owbridge, Kristy Alexander and Alex Smith. AGS’s Alice Crowe, Stephen Vorreiter and George Kamencak (now with the ACCC) were also significantly involved as solicitors assisting during the course of the Inquiry.

Independently of the Commission team, Simon Daley, Jacqueline Gleeson and Lici Inge acted for the Commonwealth as respondent and contradictor in various proceedings taken against the Commissioner by AWB Limited, one of the companies that were the subject of the Inquiry.

AGS also appeared for the Commonwealth in the proceedings before the Commissioner to represent the interests of the Australian intelligence community. Henry Burmester AO QC (AGS’s Chief General Counsel), Robert Orr QC (AGS’s Deputy General Counsel) and Tom Howe (AGS’s Chief Counsel Litigation) have all appeared for this purpose.

On 24 November 2006 Commissioner Cole presented the Report of the Inquiry to the Governor-General.