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The Cole Inquiry, formally the Inquiry into certain Australian companies in relation to the UN Oil-For-Food Programme was a Royal Commission set up by the Government of Australia in November 2005. Its purpose was to investigate "whether decisions, actions, conduct or payments by Australian companies mentioned in the Volcker Inquiry into the United Nations Oil-for-Food Programme breached any Federal, State or Territory law." The Volcker Inquiry was set up to investigate the systematic corruption of the Oil for Food program by Saddam Hussein. Image File history File links Current_event_marker. ... Image File history File links This is a lossless scalable vector image. ... In states that are Commonwealth Realms a Royal Commission is a major government public inquiry into an issue. ... The Commonwealth of Australia is a constitutional monarchy, a federation, and a parliamentary democracy. ... The Paul Volcker Committee (Independent Inquiry Committee) - Report that investigated the corruption and fraud in the UN Oil-for-Food Programme. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... The Oil-for-Food Programme, established by the United Nations in 1995 (under UN Security Council Resolution 986) and terminated in late 2003, was intended to allow Iraq to sell oil on the world market in exchange for food, medicine, and other humanitarian needs for ordinary Iraqi citizens without allowing... Saddam Hussein Abd al-Majid al-Tikriti (Arabic: [1]; April 28, 1937[2] – December 30, 2006[3]), was the President of Iraq from July 16, 1979, until April 9, 2003. ...

The commission's five volume report was tabled in parliament on 27 November 2006 Parliament House Canberra: The main entrance and the flag The Parliament of Australia is the legislative branch of Australia. ... November 27 is the 331st day (332nd in leap years) of the year in the Gregorian calendar. ... For the Manfred Mann album, see 2006 (album). ...

Background

Main article: Oil-for-Food Programme

The Oil-for-Food Programme, established by the United Nations in 1995 (under UN Security Council Resolution 986) and terminated in late 2003, was intended to allow Iraq to sell oil on the world market in exchange for food, medicine, and other humanitarian needs for ordinary Iraqi citizens without allowing...

The Volcker Inquiry

The United Nations Independent Inquiry Committee was formed to investigate allegations of corruption and fraud in the UN Oil-for-Food Programme. Paul Volcker's report, released in October 2005, found that AWB was the biggest single source of kickbacks made to the Iraqi government.^{[citation needed]} In exchange for trouble-free disembarkation of wheat purchased under the Oil for food program, AWB paid 'trucking charges' totaling $AU300 million to Alia, a Jordanian trucking company. Volcker found that Alia kept a small percentage of the 'charges', and passed the remainder to the government of Saddam Hussein. The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... Look up October in Wiktionary, the free dictionary. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Saddam Hussein Abd al-Majid al-Tikriti (Arabic: [1]; April 28, 1937[2] – December 30, 2006[3]), was the President of Iraq from July 16, 1979, until April 9, 2003. ...

An accompanying statement released with the report by the Secretary-General of the United Nations, Kofi Annan requested that “national authorities take steps to prevent the recurrence of such practices in the future and that they take action, where appropriate, against companies falling within their jurisdiction.” [1] The United Nations Secretary-General is the head of the Secretariat, one of the principal divisions of the United Nations. ... Kofi Atta Annan (born April 8, 1938) is a Ghanaian born diplomat who served as the seventh Secretary-General of the United Nations from January 1, 1997 to December 31, 2006, serving two five-year terms. ...

Establishment of the Cole Inquiry

In response to Volcker's findings, the Australian Government established a Royal Commission to further investigate the claims raised by the UN report. By Letters Patent issued on 10 November 2005 the commission was asked to inquire into and report on: This article describes the national government of Australia. ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government granting an office, a right, monopoly, title, or status to someone or some entity such as... November 10 is the 314th day of the year (315th in leap years) in the Gregorian Calendar, with 51 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

(a) whether any decision, action, conduct, payment or writing of any of the three 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, or any person associated with one of those companies, might have constituted a breach of any law of the Commonwealth, a State or Territory; and

(b) if so, whether the question of criminal or other legal proceedings should be referred to the relevant Commonwealth, State or Territory agency. [2]

Commissioner and Counsel

The Royal Commissioner was the Honourable Terence Cole QC a former Judge of Appeal of the New South Wales Supreme Court. The Cole Inquiry was the second Royal Commission Cole had headed. The 2001-2003 Royal Commission is commonly referred to as the "Cole Royal Commission" hence to avoid confusion the 2005-06 Royal Commission is commonly referred to as the "Cole Inquiry". Terence Rhoderick Hudson Cole, AO, QC (born 31 October 1937), Australian jurist, is chairman of the Cole Inquiry, a Royal Commission (formally titled An Inquiry into certain Australian companies in relation to the UN Oil-For-Food Programme) investigating allegations that AWB Limited (formerly the Australian Wheat Board) paid illegal... Cherie Booth QC wearing her ceremonial robes (including full-bottomed wig) as Queens Counsel at the Bar of England and Wales. ... The Supreme Court of New South Wales is the superior court for the Australian State of New South Wales. ... In states that are Commonwealth Realms a Royal Commission is a major government public inquiry into an issue. ...

Cole was supported by John Agius SC, Counsel Assisting and three other barristers, Gregory Nell, Michael Wigney and Miles Condon. The title of Senior Counsel (postnominal SC; 資深大律師 in Hong Kong Cantonese [1] [2]; 高级律师 in Singapore Mandarin [3] [4]) or State Counsel is given to a senior barrister or advocate in some countries, especially in Commonwealth countries or jurisdictions in which the British monarch is no longer head of state, such...

The three Australian companies adversely mentioned in the UN report (AWB Limited, Alkaloids of Australia Pty Limited, and Rhine Ruhr Pty Ltd) were granted leave to be represented by counsel before the Royal Commission AWB Limited (ASX: AWB) is the Australian company that oversees the exports of grain, particularly wheat. ...

Hearings

Prior to the public hearings the commission held a series of closed hearings in December 2005 and January 2006. Some witnesses who were examined in the closed hearings also gave evidence in the public hearings.

The commission's public hearings commenced on 16 January 2006. During the first six weeks of public hearings evidence led by Agius and cross examination by him of witnesses brought out a series of revelations that showed the conduct of AWB Limited's executives and directors in a very poor light. Apart from interrupting assisting counsel's question to ask witnesses his own probing questions, Cole frequently made reproving comments about the behaviour and evidence of witnesses particularly those in responsible and often highly remunerative positions with AWB Limited and the Wheat Export Authority, who among other things frequently claimed memory loss, inability to locate diaries and notes and notoriously, in the case of former AWB Limited board chairman Trevor Flugge, hearing loss. January 16 is the 16th day of the year in the Gregorian calendar. ... For the Manfred Mann album, see 2006 (album). ... AWB Limited (ASX: AWB) is the Australian company that oversees the exports of grain, particularly wheat. ... The Wheat Export Authority (WEA) is the Australian Commonwealth authority responsible for the oversight and regulation of Australias single desk wheat export arrangements, under which a single company is given a near monopoly on exporting wheat. ... Trevor Flugge is an Australian businessman, most notably as the Chairman of the Australian Wheat Board. ...

On 6 February 2006 the inquiry's terms of reference were extended to include the activities of companies in the BHP Billiton Group and associated companies in relation to the Oil for Food Program. February 6 is the 37th day of the year in the Gregorian calendar. ... For the Manfred Mann album, see 2006 (album). ... BHP Billiton is the worlds largest mining company. ... The Oil-for-Food Programme was established by the United Nations in 1996 to allow Iraq to sell oil on the world market in exchange for food, medicine and the like. ...

On 16 February 2006 Commissioner Cole invited broadcast media into the inquiry's hearing room to record an invitation to anyone with information about kickbacks or the Iraqi oil-for-food scandal to appear before his inquiry. Cole emphasised that this appeal applied to anyone saying: "I am extending a specific invitation to any Member of Parliament, any member of the media, any public servant, or any member of the public who believes that they have information relevant to this aspect of the inquiry to provide any such information to those assisting me". ([3] Broad Band Video Clip from ABC TV) February 16 is the 47th day of the year in the Gregorian calendar. ... For the Manfred Mann album, see 2006 (album). ...

On 2 March 2006 counsel assisting, John Agius, threatened to serve search warrants on AWB Limited following claims of memory lapses and loss of documents by a former company manager, Andrew McConville. This was countered by counsel for AWB Limited who suggested that the search for documents by the company was being conducted in a rigorous manner and at considerable expense. March 2 is the 61st day of the year in the Gregorian calendar (62nd in leap years). ... For the Manfred Mann album, see 2006 (album). ...

On 3 March 2006, Cole applied for the inquiry's terms of reference to be amended to extend the period of the inquiry for up to two months (ie. from the end of March to May 2006). Prime Minister John Howard indicated the government's agreement to this request two days later. March 3 is the 62nd day of the year in the Gregorian calendar (63rd in leap years). ... For the Manfred Mann album, see 2006 (album). ... John Winston Howard (born 26 July 1939), Australian politician, is the Prime Minister of Australia. ...

Prime Minister John Howard was asked to write and submit a statement in regard to this matter, and was "cross examined" on 13 April for 53 minutes. Howard previously stated to the Sydney Morning Herald "If asked I will naturally be happy to appear." "I've said all along that this is an utterly transparent process, which is not protecting the Government, which is designed to get to the truth of this matter and I am more than happy to comply with the request made by the commission." April 13 is the 103rd day of the year in the Gregorian calendar (104th in leap years). ... ...

References

External links

• Inquiry into certain Australian companies in relation to the UN Oil-For-Food Programme - inquiry's website
• The commission's report
• Wheat Export Authority
• Royal Commissions Act 1902
• Independent Inquiry Committee into the Oil for Food Programme - Volker Inquiry website

Commentary

• "More than a cuckold" - commentary by Caroline Overington in The Weekend Australian - 4th March 2006
• "This inquiry is only half the job" - commentary by barrister Richard Ackland in Sydney Morning Herald 14th April 2006
• "Deceit by the truckload" - in depth report on the Cole Inquiry and the evidence before it by David Marr and Marian Wilkinson in Sydney Morning Herald 14 April 2006 (Part 2)
• "Cash Crop Part One" - Four Corners Program 10th April 2006
• "Cash Crop Part Two" - Four Corners Program 17th April 2006
• "David Flint" - Opinion on the call to widen the Cole Inquiries Terms of Reference
• "Rebecca Weisser" - Opinion on the systemic failure of Australian Department of Foreign Affairs and Trade to prevent AWB's corrupt contracts.