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THE state government has asked the corruption watchdog to consider the alleged leaking of a cabinet minute about Newcastle’s light rail project, as pressure mounts on Labor MP Tim Crakanthorp to front a parliamentary inquiry to give evidence about its discovery.
Department of Premier and Cabinet secretary Blair Comley wrote to the Independent Commission Against Corruption on Monday asking it to look at the matter before the government takes further action, amid the Labor MP’s claims the confidential document was found in a filing cabinet in the electorate office he inherited from former Newcastle Liberal MP Tim Owen.
Premier Mike Baird said on Monday: ‘‘We need to get to the bottom of what appears to be a breach of cabinet confidentiality, and test the veracity of claims that this document was ‘found in the back of a filing cabinet’. ’’
Mr Owen, who resigned last year after lying to the ICAC about $10,000 he accepted from developer Jeff McCloy for his 2011 campaign, repeatedly told a parliamentary inquiry on Monday, ‘‘I don’t recall’’ ever seeing the document.
Mr Owen said his staff had assured him they had cleaned out and triple-checked the office, in accordance with instructions from the Parliament.
It is understood Newcastle electorate staff of Mr Crakanthorp’s and former staff of Mr Owen’s have been drawn into the saga, with the inquiry, which is looking into city planning decisions, having called them to give evidence in closed sessions.
Mr Crakanthorp was asked to appear on Monday too but did not.
The inquiry cannot compel lower house MPs to appear, leading to accusations from government MPs on its committee that Mr Crakanthorp was ‘‘lying’’ and a ‘‘coward’’ and the hearing a ‘‘witchhunt’’.
‘‘Everybody knows it’s because he won’t say it under oath,’’ Liberal MP Catherine Cusack declared.
The December 2013 cabinet minute includes advice from Transport for NSW that running light rail down the existing heavy rail corridor would be the best transport outcome.
The government announced in May last year it would go with a ‘‘hybrid’’ option instead, which would run partly down the corridor then into Hunter Street then Scott Street to encourage the city’s revitalisation.
But the document shows this could cost nearly $100million more than the corridor option and would open up the corridor land for potential development.
Returning to the Parliament on Monday for the first time since quitting, Mr Owen swore to tell the truth to the inquiry, before which he voluntarily appeared.
He insisted he couldn’t recall ever seeing a cabinet minute, but stopped short of ruling out Labor’s story of where the document was found or that he could have seen it at some point, saying ‘‘you can’t 100per cent guarantee everything in life’’.
He accepted it would have been odd and improper for a backbencher to possess such a confidential document.
‘‘You admit that if you had seen it, it would have stuck in your mind and you would have had a recollection of the extraordinary event – so how can you say that you don’t recall?’’ Greens MP David Shoebridge queried.
‘‘I don’t recall seeing it. That would explain it to you,’’ Mr Owen replied.
Mr Shoebridge also asked whether Mr Owen would take the opportunity ‘‘now that you’re back in Parliament to apologise to the institution for the disgrace you’ve caused it by taking the $10,000 in cash from a developer?’’
But this went unanswered by Mr Owen, who had earlier said he had legal advice not to discuss any matters still before the ICAC.
The cabinet document is marked copy ‘‘71’’. It is understood to have originated from the Department of Premier and Cabinet.
Mr Owen told the inquiry he had ‘‘no idea’’ whose it was, and he returned only twice to his office after quitting – for a coffee with the staff and to collect art works.
He also said he had not as MP discussed with Mr McCloy the then lord mayor’s preference for light rail to run down Hunter Street, although he knew of it because of Mr McCloy’s public comments at the time.
‘‘No developer has ever come to me to say ‘it is important that routing of the light rail is X so I can build on Y’,’’ Mr Owen said.
No minister had asked which route he favoured. ‘‘I had little influence, in fact no influence, on that [cabinet] decision,’’ he said.
Inquiry chairman Fred Nile thanked Mr Owen for appearing when Mr Crakanthorp wouldn’t.
Mr Crakanthorp previously told the Newcastle Herald he was too ‘‘flat out’’ to attend, would respond instead in writing to any questions, and had done everything he could by turning the document over to the Opposition Leader’s office in December and to the ICAC last week.
The parliamentary inquiry is understood to have invited him again to give evidence at a hearing on Friday.
Mr Crakanthorp said on Monday evening he was not going to "engage in a slanging match" with members of the committee.
"I have been absolutely upfront in how I found this document in my office – the real question is why did Tim Owen have a confidential cabinet document in his office," Mr Crakanthorp said.
"I will always put the interests of Newcastle first – which is why I have ensured this document was seen by the local community."
"I find it incredible that Mike Baird needs to send this document to ICAC to find out who printed it when his own department keeps an exact record of who prints cabinet documents."
"The real question for Mike Baird and the Liberals is, who is number 71?"
This article first appeared on The Herald website.