Peter van Onselen’s column in The Australian today outlines the greatest flaw of the Independent Commission Against Corruption ($) – processes which disregard for the rule of law:
Unbelievably, there is no stipulation in ICAC’s code of operations to conduct itself in a way that maximises the chances of obtaining convictions for wrongdoing. Instead, its purpose — a body with limited oversight, which I’ll come to a little later — it seems to me is to use the tool of public humiliation to expose alleged corruption. But at what harm to others on the way through? Simply put, a body that itself is not bound by the rules or the practice of evidence. and has limited oversight, publicly vilifies people, as well as whips up a media frenzy, but rarely sees the public tarring and feathering followed up by jail time for corrupt politicians and public servants.
No government body should be given star chamber powers. There’s simply no justification for the removal of the right to silence and the presumption of innocence.