Vic: Clark's conviction 'not serious enough for sacking'

AAP General News (Australia)
04-14-2004
Vic: Clark's conviction 'not serious enough for sacking'

MELBOURNE, April 14 AAP - Suspended Aboriginal and Torres Strait Islander Commission
(ATSIC) chairman Geoff Clark says his conviction over a pub brawl does not warrant his
sacking.

In a submission to the federal government outlining why he should not be sacked, Mr
Clark's solicitors said "interference with the holding of office" should occur only when
a person had "engaged in extremely serious misbehaviour, or conduct which directly affects
that person's capacity for office".

"That is not the present case," the submission said.

Mr Clark had until today to explain to the government why he should not be dismissed
after he lost a bid to quash a conviction for obstructing police in the Victorian Supreme
Court last week.

The beleaguered Aboriginal leader has been suspended on full pay from his $240,000-a-year
job since August last year following his conviction over a Warrnambool pub brawl.

On December 3 last year, County Court Judge Bill White ruled Clark had obstructed a
police officer trying to eject a drunk Aboriginal man from Criterion Hotel in Warrnambool
on May 1, 2002.

In today's submission to Indigenous Affairs Minister Amanda Vanstone, Mr Clark's solicitors,
the Melbourne law firm of Coadys, said he would appeal the Supreme Court decision to the
Court of Appeal.

In their submission, they said it would be "inappropriate" for the minister to terminate
Mr Clark's appointment before that appeal was determined.

The minister should also await the outcome of a Federal Court appeal challenging her
power to suspend Mr Clark, the submission said.

The submission stated Mr Clark also should not be sacked because the evidence presented
in the County Court case did not support the decision reached by the judge.

"As Judge White noted in his judgment on December 3, 2003, Mr Clark's actions, (even
in circumstances of having found the offence proven) arose out of a misguided sense of
responsibility," it said.

The submission also stated that Mr Clark should not be sacked because he had the "full
support" of the ATSIC board which along with the Aboriginal community wanted to see him
reinstated.

"He has been involved in, and has made a significant contribution to, Aboriginal affairs
for at least 30 years and often in circumstances which have caused distress to himself
and his family," the submission said.

"What Mr Clark now stands convicted of, and the fine imposed of $750, even devoid of
contest, is no more serious than the kinds of convictions which have not led to a disqualification
of a member of parliament from office or would not lead to a disqualification of senior
officers in other statutory bodies."

AAP kw/pw/jlw

KEYWORD: CLARK NIGHTLEAD

2004 AAP Information Services Pty Limited (AAP) or its Licensors.