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| Wivenhoe Dam during the January 2011 flood. |
The Crime and Misconduct Commission has found no evidence of criminal or official misconduct against three Wivenhoe Dam engineers.
In a statement issued this morning, a CMC spokeswoman said the watchdog had finalised a review of material provided by the Queensland Floods Commission of Inquiry, which had recommended it investigate the conduct of three of the engineers operating Wivenhoe Dam – John Tibaldi, Robert Ayre and Terry Malone.
Then-premier Anna Bligh referred the matter to the CMC on March 16.
Wivenhoe Dam engineer Robert Ayre during the Queensland Floods Commission of Inquiry. Photo: Michelle Smith
The CMC investigation concerned the engineers' preparation of documents surrounding the January 2011 flood, oral testimony given to the commission and possible criminal offences and/or official misconduct committed by any, or all, of them.
"A determination has been reached that there is no evidence to suggest the conduct of the engineers evidences offences against the Criminal Code or official misconduct," she said.
"...The CMC is satisfied that upon examination of the material, there is no evidence to suggest the conduct of the engineers evidences offences against the Criminal Code or official misconduct and accepts (retired Justice of Queensland Court of Appeal John) Jerrard's conclusion that it would be an unjustifiable use of resources to take any further action."
In a statement issued this morning, a CMC spokeswoman said the watchdog had finalised a review of material provided by the Queensland Floods Commission of Inquiry, which had recommended it investigate the conduct of three of the engineers operating Wivenhoe Dam – John Tibaldi, Robert Ayre and Terry Malone.
Then-premier Anna Bligh referred the matter to the CMC on March 16.
Wivenhoe Dam engineer Robert Ayre during the Queensland Floods Commission of Inquiry. Photo: Michelle Smith
The CMC investigation concerned the engineers' preparation of documents surrounding the January 2011 flood, oral testimony given to the commission and possible criminal offences and/or official misconduct committed by any, or all, of them.
"A determination has been reached that there is no evidence to suggest the conduct of the engineers evidences offences against the Criminal Code or official misconduct," she said.
"...The CMC is satisfied that upon examination of the material, there is no evidence to suggest the conduct of the engineers evidences offences against the Criminal Code or official misconduct and accepts (retired Justice of Queensland Court of Appeal John) Jerrard's conclusion that it would be an unjustifiable use of resources to take any further action."
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| Wivenhoe Dam engineer Robert Ayre during the Queensland Floods Commission of Inquiry. |
In line with the flood inquiry’s recommendations, the CMC said its probe was limited to documents the engineers prepared about their actions and their testimony to the inquiry.
It did not look at whether their management of the dam’s gates during the flood crisis could amount to a criminal offence or official misconduct.
The CMC also noted that because the flood inquiry had not criticised the engineers’ adoption of the dam water release strategy W4, "with the inevitable flooding of parts of metropolitan Brisbane", it did not consider this eventuality.
The W4 strategy aims to protect the structural integrity of the dam, rather than mitigate flooding.
During the flood inquiry’s hearings earlier this year, much was made about a final report by dam operator Seqwater, primarily written by Mr Tibaldi, with input from Mr Ayre and Mr Malone.
The Seqwater report dealt with the engineers’ escalation of water releases from the dam.
In February, counsel assisting the commission Peter Callaghan doggedly questioned the three men about what they did and when they did it.
He eventually accused them of colluding to write a fictitious report about their actions, after the fact.
It did not look at whether their management of the dam’s gates during the flood crisis could amount to a criminal offence or official misconduct.
The CMC also noted that because the flood inquiry had not criticised the engineers’ adoption of the dam water release strategy W4, "with the inevitable flooding of parts of metropolitan Brisbane", it did not consider this eventuality.
The W4 strategy aims to protect the structural integrity of the dam, rather than mitigate flooding.
During the flood inquiry’s hearings earlier this year, much was made about a final report by dam operator Seqwater, primarily written by Mr Tibaldi, with input from Mr Ayre and Mr Malone.
The Seqwater report dealt with the engineers’ escalation of water releases from the dam.
In February, counsel assisting the commission Peter Callaghan doggedly questioned the three men about what they did and when they did it.
He eventually accused them of colluding to write a fictitious report about their actions, after the fact.
21.8.12
