Below is an important letter Dawn wrote to Federal minister Mal Brough two and a half years ago, which addresses many of the key issues from Dawn's perspective:
*****
Dawn Rowan
PO Box 60
St Andrews
VIC 3761
18 October 2006
FOR THE URGENT ATTENTION OF:
The Honourable Mal Brough MP
Minister for Families, Community Services and Indigenous Affairs
Box 7788
Canberra Mail Centre ACT 2610
Dear Minister,
Re: Bankruptcy Proceedings Issued By The Australian Government Solicitor
I am writing to you in the hope that you will be able to assist me with respect to bankruptcy proceedings that have been instituted against me following sixteen years of litigation. Although I was successful in that litigation the outcome has had a catastrophic effect on me, my health and my career. It has now culminated with the Commonwealth serving me with a Bankruptcy Notice no doubt with the ultimate intention of forcing me into bankruptcy.
I am approaching you in the hope that you will intervene and bring an end to what has been a disastrous last fifteen years of my life.
In the briefest terms can I explain.
Background
I was born in 1946 and educated in Adelaide.
I chose to follow a career as a secondary school music teacher and did so for ten years.
Thereafter I was interested in directing my activities to counselling women and children who had been subject to domestic violence and cruelty. I undertook and completed a degree of Bachelor of Social Administration and applied for and was ultimately appointed the administrator of two women’s shelters in Adelaide.
The shelters were jointly funded by the Commonwealth and State Governments and from 1978 myself and a number of other workers devoted ourselves to counselling and assisting a large number of people who attended the shelters for assistance.
Joint Report – Defamation
On 11 August 1987 a report was published by a joint committee which had been set up by the State and Federal Governments. The report was from an independent review committee which had been commissioned to examine the management and operation of the women’s shelters.
The report was ultimately published and received extensive media coverage from television stations and the press. The report contained unwarranted and untruthful allegations of sexual and financial impropriety on the part of myself and others associated with the management of the shelters.
The impact of the report was devastating. I had devoted my career and life to counselling women and children and given up everything to pursue this career. I had considered it was a most worthwhile cause and I had intended to devote my life to that career.
As a consequence of the report, funding was withdrawn and the Christies Beach shelter closed.
The impact on my health was immediate and I remained on sickness benefits for two years.
I fled the State and relocated in Victoria, but my professional reputation, my ambitions and my health had been effectively destroyed.
I was left without means of income.
Although I obtained some employment in Victoria for approximately twelve months I ultimately had to resign from that position because of my health and political pressure.
Litigation
Because the allegations in the report were completely false and misleading, because my career had been ruined and I was without income I took legal advice and commenced defamation proceedings out of the Supreme Court in South Australia.
Whilst I had little in the way of funds, I obtained legal representation and proceedings were instituted on 26 June 1990.
The Defendants to the proceedings were the authors of the report (these being the State and Commonwealth employees, as well as the State and Federal Governments). I also sued the two television stations who had published the findings of the report.
The legal proceedings were extensive and protracted and the Defendants for the next ten years took numerous steps to have the proceedings defeated.
The trial eventually commenced in June 2001 and proceeded for sixty-seven days. For sixty of those days I was without legal representation and fought the case on my own.
The State, the Commonwealth and the television stations were all represented by Counsel, an army of solicitors and in some cases Queens Counsel.
In a judgment delivered on 21 June 2002 Justice Debelle, a senior and highly regarded member of the bench published his reasons. He described the allegations as a “shocking defamation”.
I was ultimately awarded the sum of approximately $585,000 in damages, together with the costs of the action.
In subsequent contribution proceedings the amount to which the Commonwealth was found liable to pay was $39,117.42.
Although the award of compensation was less than I had expected I felt that my action in bringing the litigation had been vindicated. Needless to say the years in preparing the case for trial, the trauma of fighting the case in court without legal representation and the associated affect on my health meant that I had been without income for virtually all of that period.
Appeals
Because of apparent unlimited resources the State, the Commonwealth and the two television stations all lodged appeals.
In order to defend the judgment I was forced to retain solicitors and barristers.
My health deteriorated, I was unable to work and spent a vast amount of time instructing lawyers to defend the appeals.
I was required to sell a property which had been left to me by my mother in order to pay legal costs associated with the appeal and the subsequent appeal to the High Court.
Eventually the Full Court allowed the appeal.
For reasons for which I am unable to understand the two television stations and the Commonwealth were exonerated. The damages awarded to me were reduced, but I retained the judgment against the State of South Australia.
Whilst I was awarded 75% of my costs against the State, I was ordered to pay the costs of the Commonwealth and the two television stations.
The total claims for costs of the Commonwealth and the two television stations exceeded $1 million and the liability to pay these sums would have meant that even though I had succeeded in the litigation overall, the result would have been my bankruptcy.
Faced with this I had no further alternative than to instruct my lawyers to appeal to the High Court.
Because the High Court considered that the matter was not of public interest and only involved legal costs my application for special leave to appeal was refused.
Subsequent Action by the Commonwealth
The end of the court processes left me in poor health and financially ruined as I faced costs orders of the television stations and the Commonwealth of over $1 million.
The two television stations have not pursued me for their legal costs. The Commonwealth, however, has been relentless.
Since the dismissal of the High Court proceedings the Australian Government Solicitor, on behalf of the Commonwealth, has:
• Made a demand for costs in excess of $600,000.
• Obtained an injunction against me, freezing my assets.
• Relentlessly pursued the claim for costs against me and eventually obtained an order for lump sum payment of costs of $380,000.
• Issued a Bankruptcy Notice against me with a view to obtaining a Bankruptcy Order.
As a consequence of this I have had funds from the sale of a house that I owned frozen and have had access to my bank accounts limited.
In September 2005, in the course of the injunction proceedings, I requested my solicitors to write to the AGS outlining my position. I requested that my situation be referred to the Minister with a view that the Australian Government Solicitor be instructed to refrain from pursuing its claim against me.
I enclose herewith a copy of the letter that my solicitors sent to the AGS, together with the medical report that was referred to in that letter.
I do not know what transpired as a result of that letter.
The Current Position
The Bankruptcy Notice issued by the Australian Government Solicitor demands payment of $380,000 by 17 October 2006. I presume that if that sum is not paid the Australian Government Solicitor will issue a petition against me with a view to having me declared bankrupt.
I do not know if the two television stations will join in those proceedings, but to date neither of them have made demands against me for costs. I believe that if the Commonwealth were to withdraw its demand the two television stations would not pursue me.
My current position is as follows:
• I have a house at St Andrews in Victoria. It is my home and a place where I am trying to re-establish my practice as a counsellor. The house is valued at about $500,000, but is subject to a mortgage of nearly $130,000.
• I previously had a holiday home at Coronet Bay in Victoria. This was sold in August 2005 for $190,000. Those funds were frozen by the Commonwealth as part of its court proceedings and are currently in a solicitor’s trust account in Melbourne.
• There is a balance of about $30,000 held by the State Crown being the balance of court costs due to me. The State, however, is claiming $17,000 of that sum.
• Overall I have spent over $380,000 in legal fees and have no money in the bank. All of my personal financial resources have gone into the litigation over the last fifteen years. I have less than $40,000 in a superannuation fund.
The Future
As a result of the last fifteen years I remain shattered and confused. I have ten years of my working life left, but with no realistic prospect of obtaining fulltime work or employment.
If the bankruptcy proceedings continue I will certainly lose my house and everything that I have worked for over the years.
With the limited finances that I have I would prefer to attempt to rebuild my career as a counsellor and attempt to retain my health and my dignity. I do not want to lose my home and become reliant on Centrelink payments.
Although the Commonwealth was excused from liability by the Full Court, there is no doubt that its officers were involved in the preparation of the report that ultimately was found to be grossly defamatory and which ruined my career. Although the television stations were involved in the defamatory conduct they have exercised clemency and have not to date pursued their claims for costs against me. It is only the Commonwealth that has adopted a relentless approach to have me ruined.
In the circumstances, therefore, I am again asking for clemency with the request that you intervene and instruct your department to refrain from pursuing its claim for legal costs.
I have forwarded a copy of this letter to the Australian Government Solicitor with the request that it take no further bankruptcy proceedings pending your consideration of my position.
I would be most appreciative of any assistance that you are able to afford.
I remain yours sincerely
DAWN ROWAN
Copy to:
The Hon Philip Ruddock MP
ATTORNEY-GENERAL
Friday, March 20, 2009
Monday, March 16, 2009
ARTICLE FOR THE VICTORIAN 'BAPTIST WITNESS' (April 2009)
'JUSTICE FOR DAWN ROWAN'
Dawn Rowan – who attends our East Doncaster church - was once a national leader in the Women’s Refuge movement.
The Commonwealth and SA Governments colluded to close down her Refuge. Dawn took them to court – and won! In an Appeal, a strange judgment affirmed Dawn’s innocence, but awarded costs against her!
Canberra bankrupted her, and any time now her St Andrews home could be seized – legally! How much has she spent and lost? At least $1.5 million. How many taxpayers’ dollars were wasted – over 24 years - destroying her? An eight-figure sum (they won’t tell us). In ‘fair and just’ Australia! In our time!
Last May Jenny Macklin recommended waiving Dawn’s debt to the Commonwealth. The final judgment lies with Finance Minister Lindsay Tanner.
To encourage Mr Tanner to act soon, Dawn’s supporters are planning a Maundy Thursday 24-hour vigil (April 9) outside his Melbourne office (King and Little Lonsdale Streets).
See http://dawnrowansaga.blogspot.com/ for more (including the hope that the Vigil will be called off if Mr. Tanner makes a satisfactory judgment). Write to the PM - http://www.pm.gov.au/contact/index.cfm and/or Mr Tanner (Lindsay.Tanner.MP@aph.gov.au).
And please pray for Dawn: she’s understandably very tired/depressed.
(Rev. Dr.) Rowland Croucher
http://jmm.aaa.net.au
Dawn Rowan – who attends our East Doncaster church - was once a national leader in the Women’s Refuge movement.
The Commonwealth and SA Governments colluded to close down her Refuge. Dawn took them to court – and won! In an Appeal, a strange judgment affirmed Dawn’s innocence, but awarded costs against her!
Canberra bankrupted her, and any time now her St Andrews home could be seized – legally! How much has she spent and lost? At least $1.5 million. How many taxpayers’ dollars were wasted – over 24 years - destroying her? An eight-figure sum (they won’t tell us). In ‘fair and just’ Australia! In our time!
Last May Jenny Macklin recommended waiving Dawn’s debt to the Commonwealth. The final judgment lies with Finance Minister Lindsay Tanner.
To encourage Mr Tanner to act soon, Dawn’s supporters are planning a Maundy Thursday 24-hour vigil (April 9) outside his Melbourne office (King and Little Lonsdale Streets).
See http://dawnrowansaga.blogspot.com/ for more (including the hope that the Vigil will be called off if Mr. Tanner makes a satisfactory judgment). Write to the PM - http://www.pm.gov.au/contact/index.cfm and/or Mr Tanner (Lindsay.Tanner.MP@aph.gov.au).
And please pray for Dawn: she’s understandably very tired/depressed.
(Rev. Dr.) Rowland Croucher
http://jmm.aaa.net.au
Friday, March 13, 2009
AMNESTY INTERNATIONAL'S 'Increase the Budget and decrease the violence against women' appeal.
Amnesty International is lobbying for the Government to 'increase the budget and decrease the violence' against women.
This is exactly what Dawn Rowan has been working for, so we are putting her case in their hands.
I will be sending Amnesty International a copy of her lecture notes in which she coined the phrase 'battered women syndrome' dating back to 1985, in a paper presented to the First National Conference on Domestic Violence in Canberra.
Included also will be a three-day skills development workshop for Health , Education, Legal and Welfare Workers, designed and presented by Dawn. She still lectures in this area at TAFEs.
Jan Croucher
PS. Everyone: Keep Maundy Thursday (April 9, 2009) free to join many others at a 24-hour vigil outside Lindsay Tanner's Melbourne office.
This is exactly what Dawn Rowan has been working for, so we are putting her case in their hands.
I will be sending Amnesty International a copy of her lecture notes in which she coined the phrase 'battered women syndrome' dating back to 1985, in a paper presented to the First National Conference on Domestic Violence in Canberra.
Included also will be a three-day skills development workshop for Health , Education, Legal and Welfare Workers, designed and presented by Dawn. She still lectures in this area at TAFEs.
Jan Croucher
PS. Everyone: Keep Maundy Thursday (April 9, 2009) free to join many others at a 24-hour vigil outside Lindsay Tanner's Melbourne office.
Wednesday, March 11, 2009
66 QUESTIONS TO QandA - AND NOT A MENTION!
WHAT DOES THAT TELL YOU ABOUT THE ABC AND THE DAWN ROWAN SAGA?
HERE ARE THE QUESTIONS: THANKS EVERYONE!
Q&A
ABC TV
QUESTIONS RE DAWN ROWAN
1
Dear Mr Tanner:
Are you continuing to persecute DAWN ROWAN because she set legal precedents in the Westminster system by winning the tort of Misfeasance (abuse of public office) against the Minister for Health in the SA Government in 1987?
The SA Minister was found guilty of Misfeasance because he knowingly released a report containing shocking defamation and false allegations and thereby abused his public position.
(Rev.) JAN CROUCHER
*********
2
Minister Tanner,
I believe that you had the final decision regarding the case of Dawn Rowan and her legal fees. This is a woman who has been proven innocent by the courts of any wrong doing in her management of her women refuge yet is still suffering immensely with the injustice of government. Will you do what is right and waive her legal fees? Isn’t 20+ years of suffering as a result of government mistakes enough?
Beth Cooper
*********
3
Lindsay Tanner,
Dawn Rowan is a true Aussie Hero, standing up for battered women and abused children back in the 1980's, in a time that was very brave and dangerous for Dawn. Do we not owe Dawn that very same true Aussie compassion and end her persecution? Jenny Macklin's recommendation is a start of showing our Politicians have compassion and believe in justice. Justice must be carried out for Dawn Rowan, an innocent citizen of Australia!
Kyle Myrtus, Newcastle
*********
4
Lindsay Tanner,
After 20 year of fighting Dawn Rowan is has been proven innocent of any wrong doing yet she is forced to pay millions of dollars of costs to the government. What gives? How is this possibly fair?
Catherine Deveny
*********
5
There has been a 15-year legal campaign waged by the Federal Government and the South Australian Government, to defend themselves against charges of misfeasance (abuse of public office), defamation, negligence and conspiracy in regard to the Dawn Rowan case. What positive steps will the Minister, Lindsay Tanner, be taking to absolve this woman from all blame and give her the justice that she deserves?
Peter Wright
*********
6
Dear Mr Tanner
I do not know Dawn Rowan personally but I have taken an interest in her story because I believe she has suffered terribly at the hands of government, and only your government can now make things right for her. One came to expect cruelty and injustice from the previous administration, but we expect better of a government led by someone whose hero is Dietrich Bonhoeffer.
David Bell
*********
7
Minister,
Jenny Macklin has formally recommended that you waive Dawn Rowan's debt to the Commonwealth. Has the Commonwealth's decision to pursue her to bankruptcy, which will take her home and finish her already crippled livelihood as a counsellor, been made to conceal the fact that the precedents she successfully set as a self-represented litigant mean that politicians no longer have protection against deformation under parliamentary privilege?
Manninder Sekhon
*********
8
Lindsay Tanner,
It is your responsibility to make a final decision on the Dawn Rowan case. Will you accept the recommendation of Jenny Macklin thus exercising both compassion and justice? What possible justifiable reason could there be for sustaining this miscarriage of justice?
Newton Daddow
*********
9
To Lindsay Tanner,
I believe that you will shortly make a decision in the 24-year-old Dawn Rowan case as to whether the Commonwealth will waive the unjust legal costs debt imposed by a previous government. As you well she has been declared innocent by the courts of any wrong doing in her management of the Women's Refuge she used to run. Why is not justice being carried out for this innocent Australian citizen?
David Hardy
*********
10
To Lindsay Tanner,
Can you resolve once and for all, to waive the debt for Dawn Rowan? She has been through 20 + years of very bad treatment.
Enough is enough!
Please waive her debt.
Jim Owens
*********
11
Lindsay Tanner,
When are you going to waive Dawn Rowan's debt? Minister Fitzgibbon has confronted the "Sir Humphreys" of his Department, when will do the same?
Ministers of the previous & current government accept the accuracy of our campaign's listing of what has happened (I haven't inserted the link because Q & A won't accept it), and note that Dawn is the innocent party, a victim of both government & others. Eminent jurists find the government's behaviour "shabby".
Cedric-Wyndham
*********
12
Yet another question for Mr Tanner,
If he won't reply to questions put to his office about the Dawn Rowan issue PLEASE ABC, Please Q&A put him on the spotlight about this... Where is a fair go for a person who simply wanted to clear her name from a horrendous South Australian Liberal government libel?
Luke Whiteside
*********
13
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case?
Ian L Perry
*********
14
In the case of Dawn Rowan, she has been found innocent of the charges laid against her many years ago. Yet the Commonwealth is pursuing her for payment of legal; costs which will bankrupt her. Your colleague Jenny Macklin has recommended you waive this debt. I respectfully ask that this be resolved in Dawn Rowan's favour to allow her to re-establish her life, which has been disrupted for many years.
Greg Smith
*********
15
Good Morning
I write a simple question, and it is - Why has the Dawn Rowan Saga been dragged out for so many years!!?? It is very clear there has been a miscarriage of justice done to this woman, which has been proven in court. It is now time for fellow MP's to swallow their pride, think about how they would feel if this situation had happened to them, and let the whole thing go! Surely it is now time for an 'Act of Grace' to be granted and for Dawn's supposed 'debt' to the commonwealth to be wiped! It is also time for an apology to be given to her for the personal hardship that she has been put through because of someone’s own personal agenda, stubbornness and clash of personalities!
Colleen Ellis
*********
16
Why has the matter of the injustice meted out to Dawn Rowan not yet been addressed by the government?
John Fielder,
*********
17
Lindsay Tanner:
Given that it is within your power to see some moral justice done in the case of Dawn Rowan, what could you possibly have to lose from deciding not to push her into bankruptcy? Will you halt the proceedings against her?
Ben Williamson
*********
18
To Mr Tanner:
Advocate for abused women, Dawn Rowan, was pursued for years in legal proceedings by the SA and Federal Governments. Dawn has been cleared of all charges. But instead of awarding her compensation for over 15 years of trauma, the previous Federal Government demanded fees from Dawn which amount to the value of her home and which will bankrupt her. Has the current Finance Minister met with Dawn to hear her story, and what will it take for him to waive these fees?
Janice Anne Newham
*********
19
Dear Mr Tanner:
Are you continuing to persecute DAWN ROWAN because she set legal precedents in the Westminster system by winning the tort of Misfeasance (abuse of public office) against the Minister for Health in the SA Government in 1987?
(You do not come across as a vengeful type of person unlike some of your fellow politicians).
The SA Minister was found guilty of Misfeasance because he knowingly released a report containing shocking defamation and false allegations and thereby abused his public position.
THIS LEGAL DECISION HAS DESTROYED POLITICANS' UNBRIDLED ROTECTION TO ABUSE PARLIAMENTARY PRIVILEGE.
(See Constitutional Law Update 2002).
(Rev.) JAN CROUCHER
*********
20
Mr. Tanner I note on the ALP website under "objectives" the following: We value compassion and dedicate ourselves to social justice. We believe that it is the Australian way to work together to help alleviate suffering and disadvantage when we can. I would like to ask when this will occur for Dawn Rowan.
Craig Semple
*********
21
Question for Mr. Tanner
I'm the DAWN ROWAN you're reading about here. For 24 years my life has suffered intolerable cruelty, injustice and humiliation because of malicious lies, which, as you are aware, were a 'shocking defamation', designed to destroy my personal and professional reputation in Cowards' Castle, ie. the South Australian parliament. The defamation was perpetrated in collusion with the Commonwealth Government.
I'm completely innocent as established by all the court judgments.
The Commonwealth has spent millions of taxpayers' dollars paying lawyers and bureaucrats to continue this infamy.
Mr. Tanner: I am asking you for justice and restitution.
Dawn Rowan, St Andrews (Victoria)
*********
22
Why has it taken so long for Dawn Rowan's case to be even considered for the compensation she so obviously deserves? Over twenty years is another injustice to her.
Ray Zimmer, Burwood 3125
*********
23
Lindsay Tanner:
Why has Dawn Rowan's case, where the eminent civil rights lawyer Julian Burnside describes the Commonwealth's actions against Dawn Rowan as 'shabby' not been dealt with after 24 years? Are
you willing to right a miscarriage of government power against a good Australian woman and help her salvage the remnants of an extraordinary life?
Iain Watt
*********
24
For Hon Lindsay Tanner:
"Justice delayed is no justice". An opportunity exists to waive massive legal costs charged against Dawn Rowan of St Andrews. When will this long awaited act of justice take place?
Peggy Jones
*********
25
How is it that defending yourself against false allegations can lead to bankruptcy? Will you (Lindsay Tanner) agree to release Dawn Rowan from her legal fees as Jenny Macklin, amongst many others, has recommended?
Keith Dyer
*********
26
I'm curious to hear Lindsay Tanner's take on the plight of Dawn Rowan, a pioneer in the Women's Refuge movement. He has not responded to community requests to resolve this outrageous twenty-four year legal saga. Why is it that the minister has waived a taxation debt of a former Governor-General, yet has not waived the debt of Dawn Rowan, whose debt emerges from a successful fight to clear her name - muddied by unfounded allegations in a government report? When will he act?
Rudy Monaco
*********
27
Lindsay Tanner,
Does the Minister realize that the Dawn Rowan saga has continued for over 20 years. Could the Minister please say when he will make a judgement on this case.
Anne Page, East Doncaster
*********
28
Dawn Rowan was exonerated from any wrongdoing in 2002. Why did she have to pay the costs for clearing her name? Why have the debts the government claims she owes not been waived yet?
Diana Dow, Melbourne
*********
29
To Lindsay Tanner:
The previous Government took a hard line on Dawn Rowan, a person who has been pursued through the courts for years to pay the Federal Government's costs after being found by a South Australian
judge to have been wronged by unsubstantiated allegations. You can right a wrong, perpetuated by your Government since its election, by waiving her costs. What is stopping you from doing this?
ref: http://jmm.aaa.net.au/articles/4728.htm
Peter Page, ACT
*********
30
To Lindsay Tanner:
I understand you are familiar with the case of Dawn Rowan, who was the victim of false allegations in her work assisting battered women yet in the process of successful quest to prove her innocence was somehow saddled with the debt of the Commonwealth's unsuccessful defence. How has such a travesty of justice been allowed to be perpetuated in this country for 24 years, and what are you intending to do about it now?
Simon, Brunswick
*********
31
Lindsay,
You've just recently written off the debt of a previous GG who made a mistake with his tax. I can't understand why its so difficult to forgive the debt of someone like Dawn Rowan who has consistently been vindicated in the courts and is the victim of government bureaucrats maligning her based on false evidence. Can you please explain the justice of this situation to us?
Rob Kilpatrick
*********
32
The Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin, has recommended to you that you waive the debt that Dawn Rowan has to the Commonwealth. You know that she is innocent but if the Commonwealth pursuing her for legal costs will lead her to becoming bankrupt.24 years ago Dawn Rowan ran a women's Refuge in Adelaide which, because of false allegations made against her, was shut down. In her blog (http://dawnrowansaga.blogspot.com) the Commonwealth's actions against Dawn Rowan are described as 'shabby' by the eminent civil rights lawyer Julian Burnside. When will justice to be done in her case and why has it taken 24 years?
Jim Langdon, Ringwood Vic
*********
33
What are you going to do about the appalling Dawn Rowan case?
David Morland
*********
34
To Mr Tanner,
I thought that in Australia, if a person was declared innocent, then they were not held liable for court costs. How come The Australian government is pursuing court costs against Dawn Rowan? How come she has continually been denied full Justice in Australia for over 24 years?
Rev'd Richard Minol
*********
35
Dear Lindsay Tanner,
Are you going to waive court costs against Dawn Rowan as she has been judged innocent by the courts? Why has it taken so many years for this matter to be finalized? Julian Burnside has supported her case - why is the government not content to drop the matter which would seem to be a just outcome?
Paul Gormann, Melbourne
*********
36
To Lindsay Tanner
Why is it that the minister has not waived the debt of Dawn Rowan, a pioneer in the Women's Refuge movement, whose debt emerges from a successful fight to clear her name, which was muddied by unfounded allegations in a government report? She has waited for justice for 24 years. Minister Jenny Macklin has recommended this action... why the wait?
Bill Brown
*********
37
To: Lindsay Tanner:
Through a FaceBook group, I have learned of the extraordinary wrong that you can correct by waiving Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case?
Roger Hooker
*********
38
Sighting the ongoing injustice against Dawn ROWAN that has waged on for 24 long years. Other than overturning the unjust debt placed upon her by the Government appointed court: are measures being undertaken by the current Government to ensure future travesties of justice are not meted out on other unsuspecting innocent Australians?
Joshua Hudson
*********
39
Dear Lindsay Tanner,
I have been trying to understand the case of Dawn Rowan and see that you are the one who could help her out of her misery. Could you please show her some favour?
Kind regards,
Mrs Vani Houghton
*********
40
To Lindsay Tanner:
When will you waive Dawn Rowan's debt to the Commonwealth?
Dorothy Hatch, Strathmore
*********
41
To Lindsay Tanner,
Should Australian taxpayers have to foot the bill -millions of dollars - for a travesty of justice in the case of the Commonwealth against Dawn Rowan. Is Justice being done? Dawn is innocent of any wrongdoing: she's the victim of untrue, trumped-up allegations. At every stage in the Court proceedings she has been vindicated.
It is strange - to use the mildest word - that the innocent party has to pay any costs. It ought to be highly unusual that the guilty parties - particularly the two key individuals involved (Dr. Cornwall and Ms Judith Roberts) - can put together a bevy of lies, and not be liable for one cent! Similarly with people responsible for the five SA and Federal Governments' departments 'mislaying' a whole cohort of documents relating to the case!
Will Spann
*********
42
ADDRESSED TO LINDSAY TANNER:
One of the founding myths of the modern so-called democratic state is the equality of all before the majesty (sic) of the law. How can one reconcile the treatment meted out to Dawn Rowan - who, after many years of legal battling, obtained a totally justified compensation judgment in her favour against the government, only to have it appealed by the government, and overturned - with the astonishingly quick award of $250,000 EACH to Abbott and Costello, for a one-line asserted slur on the character of Tanya Costello, in a book by Bob Ellis with a limited readership and no particular social significance at all.
[When the democratic political representatives of the people assume the mantle of rulers, maybe they should remember what Robespierre instigated.]
[A subsidiary derivative question, that can be ignored in the interest of the media's need for clear, direct and finite questions: With the huge number of scandals associated with the legal system, is it time to scrap the entire operation, and start over - maybe with small councils of ten elders or some such? (We could begin by compiling a dossier of complaints, and manifest injustices, and go from there.)
Glynne Sutcliffe
*********
43
Wouldn't you agree that 24 years is way too long for someone to wait for justice, in this wonderful country of Australia? The right thing to do is to waive Dawn Rowan's debt to the Commonwealth. This woman has suffered long enough because of FALSE allegations levelled against her.
Mrs.Nancy Moyle
*********
44
Why is it that the minister has waived a taxation debt of a (well-resourced) former Governor-General, yet has not waived the debt of Dawn Rowan, a pioneer in the Women's Refuge movement, whose debt emerges from a successful fight to clear her name which was muddied by unfounded allegations in a government report? She has waited for justice for 24 years. Minister Jenny Macklin has recommended this action... why the wait?
Gary Heard, West Melbourne
*********
45
To Lindsay Tanner:
Dawn Rowan is innocent and was proven so in court, but the Commonwealth continues to pursue her for legal costs.
See Channel 7's Today Tonight: http://www.youtube.com/watch?v=BdJYo3iMJoA
Payment of these 'costs' would render her bankrupt, homeless and unable to earn her living (something she can barely do now with this agonising injustice hanging over her head).
Jenny Macklin has recommended that you waive this 'debt'.
Dawn Rowan has been attempting to clear her name for 24 years. Justice Debelle stated that those levelling allegations against her "...were guilty of malice..." and guilty of, "...shocking defamation...".
Civil rights lawyer Julian Burnside describes the Commonwealth's actions against Dawn Rowan as "shabby".
Why is it that here, in my home country of Australia, certain individual members of our government (when proved guilty in court) can hide behind the power and resources available to them and be 'let off'? leaving the innocent party (Dawn Rowan) to carry the can - to the point of homelessness and 24 years of psychological torture?
Rasili O'Connor
*********
46
To Lindsay Tanner,
You are aware that the case of Dawn Rowan has been around for some 24 years and that there has been a serious miscarriage of justice in her case. If you do not intervene, as has been recommended by Jenny Macklin, she will be bankrupt, despite top legal advice that the Commonwealth has acted shabbily in her case. Will you save this poor woman after all these years, whose only motive was to help save others?
Bruce Morey
*********
47
To Lindsay Tanner:
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case?
Bob Garbett, Nth Ringwood Vic
*********
48
To Lindsay Tanner:
Please waive Dawn Rowan's debt to the Commonwealth, just as your colleague Jenny Macklin has recommended. You know she's innocent and yet, the Commonwealth is still pursuing her for legal costs. Why should Dawn Rowan become bankrupt through such a travesty of justice? Dawn is the one who ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case? One only has to see her Blog - http://dawnrowansaga.blogspot.com/ to see how, and as one civil rights lawyer Julian Burnside describes it, the Commonwealth's action's against Dawn Rowan is 'shabby'. For Australia's sake, Justice must prevail!
Peter J. Coburn
*********
49
Dawn Rowan - a women's shelter manager - was badmouthed in Parliament and the shelter was closed down. She won justice against the government in court. But costs were awarded against her. A first mystery. This didn't happen under your watch, but the case was put to you early in this government's term. Surely the injustice is clear. Why the delay, especially when Jenny Macklin has already recommended that you waive Dawn Rowan's debt to the Commonwealth?
David Powell
*********
50
To Lindsay Tanner:
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan\'s debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut
down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case? See her Blog - http://www.facebook.com/l.php?u=http://dawnrowansaga.blogspot.com%2F where the eminent civil rights lawyer Julian Burnside describes the Commonwealth's action's against Dawn Rowan as 'shabby'.
Mary Barker
*********
51
Mr Lindsay Tanner:
Are you aware of the case of Dawn Rowan who has been pursued by successive Federal Governments for legal costs in relation to a court case in which false allegations were levelled against her? Dawn ran a Women’s Refuge in Adelaide. At every court appearance she has been vindicated of the charges brought against her. Why is Dawn still waiting for justice 24 years later? Your colleague Jenny Macklin has recommended you waive Dawn's debt to the Commonwealth. Will you?
Mark Francis
*********
52
To Lindsay Tanner:
Why won’t you give justice to Dawn Rowan? Your colleague Jenny Macklin has recommended you waiver the debt that has been hanging over her head for over 20 years. Why have you not done so?
She worked with battered women when it was very un-trendy to do so. She was slandered horribly. She took it to court, won, and then the judge awarded costs against her! She has been fighting it for 2 decades and faces losing her house now to pay it. You can waiver the debt. The eminent civil rights lawyer Julian Burnside describes the Commonwealth's actions against Dawn Rowan as 'shabby'. I can understand the previous Liberal government not helping a woman who worked with abused women. But I expected better from the current Labor Party. Jenny Macklin has recommended the waiver. Why
haven't you acted?
Jim Reiher, Springvale, Victoria
*********
53
To Minister Lindsay Tanner:
Minister, why is it that Ms Dawn Rowan can win a court case against the government, i.e. be declared innocent, but still have to pay the governments costs resulting in her becoming bankrupt and loosing her house?
Robin Perkins
*********
54
From Cape Town.
Ms. Dawn Rowan is the social worker who famously took on the government of South Australia, then the Commonwealth -- and won. Yet she faced financial and professional ruin when ordered to pay the
government's costs. The Hon. Minister Tanner has kindly devoted his personal attention to this matter. Does he foresee a benevolent outcome?
Rev. Thomas Scarborough
*********
55
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - causing her much suffering and financial hardship. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case?
Ninure Saunders
*********
56
To Lindsay Tanner
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. She has been found innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut
down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case? Eminent civil rights lawyer Julian Burnside describes the Commonwealth's actions against Dawn Rowan as 'shabby'.
Phil Heuzenroeder, Melbourne.
*********
57
Dear Mr Tanner,
How can any Australian have confidence in our system and its politicians when Dawn Rowan, declared innocent by the court, stands to be made bankrupt by the Commonwealth Govt? It really smacks of a despotic system, totally UNAustralian and as an ordinary citizen I am scared. It could happen to anyone. Reassure me.
Hilary Cook
*********
58
Dear Mr Tanner,
You currently hold sway over the fate of Melbourne woman Dawn Rowan who won legal cases against the South Australian and Federal governments. How can it be legal that she has never been paid the $500,000 ordered by the courts years ago? What is the procedure to make our government pay this outstanding debt, or is our government immune from Supreme Court and High Court ordered debts to citizens? Also, how can it be legal that she has now been instructed to pay the Government's
legal costs?
Bonnie Donehue
*********
59
Greetings Lindsay Tanner from America.
Your handling of the Dawn Rowan case is being watched by international observers.
Why has it taken so long (24 years) for the Australian government to make a judgement?
Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth but still your government is pursuing her for legal costs.
Dr Geoff Pound,
Jefferson City, Tennessee.
*********
60
Mr Tanner,
Why has it taken so long for justice to be given to Dawn Rowan? What do you intend doing about what Julian Burnside has described as "shabby" regarding the Commonwealths actions towards Dawn Rowan?
Craig Semple, Phillip Island
*********
61
Mr Tanner,
Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth that arose from defending the vexatious claims made against her, When are you going to finalise the issue and waive her "debt" to the Commonwealth?
John Alchin
*********
62
Tradition prevents the Crown from stooping to the level of recovering legal costs from an individual citizen; the Queen would never do it. Why is the Governor General hounding Dawn Rowan? Is Australia broke?
John Robertson, Clacton-on-Sea, England.
*********
63
To Lindsay Tanner:
In relation to Dawn Rowan - You are aware of her situation and the injustice and mistreatment done to her by the state and federal government. Why has it taken 24 years for her to get justice? All the
courts say she is innocent yet she is harassed and pursued for legal costs. Your colleague Jenny Macklin has recommended to you that you waive her (unjust) debt to the commonwealth - will you pardon her debt? Please have the courage to see justice get done in this situation.
Jarrod
*********
64
A question for Lindsay Tanner.
Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. It has been 24 years and justice is STILL yet to be delivered to her. Eminent civil rights lawyer Julian Burnside is on record as describing the Commonwealth's actions against Dawn Rowan as shabby. I myself am offended by what she has undergone at the hands of the Commonwealth.
Jenny Macklin recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know, Dawn has repeatedly been found innocent in the courts of any wrongdoing, but the Commonwealth is intent on ruining her further by demanding that she pay legal costs that will make her bankrupt. The Commonwealth does not NEED her to pay legal costs, nor is it morally acceptable that she should, when they brought her into such unfounded disrepute so unfairly. It's disgusting.
Will you do the moral and Australian thing by finally bringing justice to Dawn Rowan? It is in your power to do so, and you are the only one who can now return her life to her which was so shamefully taken from her so unjustly.
Matthew J Bevis, Melbourne
*********
65
To Lindsay Tanner:
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut
down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case? See her Blog - http://dawnrowansaga.blogspot.com/ where the eminent civil rights lawyer
Julian Burnside describes the Commonwealth's actions against Dawn Rowan as 'shabby'.
Rev. Dr. Rowland Croucher, Melbourne
*********
66
I would be interested in hearing Mr Tanner's comments on the Dawn Rowan Saga. Surely someone who has been vindicated should not pay the losing party's costs, especially where the losing party's conduct has been called into question? When will a decision be made?
M D
*********
HERE ARE THE QUESTIONS: THANKS EVERYONE!
Q&A
ABC TV
QUESTIONS RE DAWN ROWAN
1
Dear Mr Tanner:
Are you continuing to persecute DAWN ROWAN because she set legal precedents in the Westminster system by winning the tort of Misfeasance (abuse of public office) against the Minister for Health in the SA Government in 1987?
The SA Minister was found guilty of Misfeasance because he knowingly released a report containing shocking defamation and false allegations and thereby abused his public position.
(Rev.) JAN CROUCHER
*********
2
Minister Tanner,
I believe that you had the final decision regarding the case of Dawn Rowan and her legal fees. This is a woman who has been proven innocent by the courts of any wrong doing in her management of her women refuge yet is still suffering immensely with the injustice of government. Will you do what is right and waive her legal fees? Isn’t 20+ years of suffering as a result of government mistakes enough?
Beth Cooper
*********
3
Lindsay Tanner,
Dawn Rowan is a true Aussie Hero, standing up for battered women and abused children back in the 1980's, in a time that was very brave and dangerous for Dawn. Do we not owe Dawn that very same true Aussie compassion and end her persecution? Jenny Macklin's recommendation is a start of showing our Politicians have compassion and believe in justice. Justice must be carried out for Dawn Rowan, an innocent citizen of Australia!
Kyle Myrtus, Newcastle
*********
4
Lindsay Tanner,
After 20 year of fighting Dawn Rowan is has been proven innocent of any wrong doing yet she is forced to pay millions of dollars of costs to the government. What gives? How is this possibly fair?
Catherine Deveny
*********
5
There has been a 15-year legal campaign waged by the Federal Government and the South Australian Government, to defend themselves against charges of misfeasance (abuse of public office), defamation, negligence and conspiracy in regard to the Dawn Rowan case. What positive steps will the Minister, Lindsay Tanner, be taking to absolve this woman from all blame and give her the justice that she deserves?
Peter Wright
*********
6
Dear Mr Tanner
I do not know Dawn Rowan personally but I have taken an interest in her story because I believe she has suffered terribly at the hands of government, and only your government can now make things right for her. One came to expect cruelty and injustice from the previous administration, but we expect better of a government led by someone whose hero is Dietrich Bonhoeffer.
David Bell
*********
7
Minister,
Jenny Macklin has formally recommended that you waive Dawn Rowan's debt to the Commonwealth. Has the Commonwealth's decision to pursue her to bankruptcy, which will take her home and finish her already crippled livelihood as a counsellor, been made to conceal the fact that the precedents she successfully set as a self-represented litigant mean that politicians no longer have protection against deformation under parliamentary privilege?
Manninder Sekhon
*********
8
Lindsay Tanner,
It is your responsibility to make a final decision on the Dawn Rowan case. Will you accept the recommendation of Jenny Macklin thus exercising both compassion and justice? What possible justifiable reason could there be for sustaining this miscarriage of justice?
Newton Daddow
*********
9
To Lindsay Tanner,
I believe that you will shortly make a decision in the 24-year-old Dawn Rowan case as to whether the Commonwealth will waive the unjust legal costs debt imposed by a previous government. As you well she has been declared innocent by the courts of any wrong doing in her management of the Women's Refuge she used to run. Why is not justice being carried out for this innocent Australian citizen?
David Hardy
*********
10
To Lindsay Tanner,
Can you resolve once and for all, to waive the debt for Dawn Rowan? She has been through 20 + years of very bad treatment.
Enough is enough!
Please waive her debt.
Jim Owens
*********
11
Lindsay Tanner,
When are you going to waive Dawn Rowan's debt? Minister Fitzgibbon has confronted the "Sir Humphreys" of his Department, when will do the same?
Ministers of the previous & current government accept the accuracy of our campaign's listing of what has happened (I haven't inserted the link because Q & A won't accept it), and note that Dawn is the innocent party, a victim of both government & others. Eminent jurists find the government's behaviour "shabby".
Cedric-Wyndham
*********
12
Yet another question for Mr Tanner,
If he won't reply to questions put to his office about the Dawn Rowan issue PLEASE ABC, Please Q&A put him on the spotlight about this... Where is a fair go for a person who simply wanted to clear her name from a horrendous South Australian Liberal government libel?
Luke Whiteside
*********
13
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case?
Ian L Perry
*********
14
In the case of Dawn Rowan, she has been found innocent of the charges laid against her many years ago. Yet the Commonwealth is pursuing her for payment of legal; costs which will bankrupt her. Your colleague Jenny Macklin has recommended you waive this debt. I respectfully ask that this be resolved in Dawn Rowan's favour to allow her to re-establish her life, which has been disrupted for many years.
Greg Smith
*********
15
Good Morning
I write a simple question, and it is - Why has the Dawn Rowan Saga been dragged out for so many years!!?? It is very clear there has been a miscarriage of justice done to this woman, which has been proven in court. It is now time for fellow MP's to swallow their pride, think about how they would feel if this situation had happened to them, and let the whole thing go! Surely it is now time for an 'Act of Grace' to be granted and for Dawn's supposed 'debt' to the commonwealth to be wiped! It is also time for an apology to be given to her for the personal hardship that she has been put through because of someone’s own personal agenda, stubbornness and clash of personalities!
Colleen Ellis
*********
16
Why has the matter of the injustice meted out to Dawn Rowan not yet been addressed by the government?
John Fielder,
*********
17
Lindsay Tanner:
Given that it is within your power to see some moral justice done in the case of Dawn Rowan, what could you possibly have to lose from deciding not to push her into bankruptcy? Will you halt the proceedings against her?
Ben Williamson
*********
18
To Mr Tanner:
Advocate for abused women, Dawn Rowan, was pursued for years in legal proceedings by the SA and Federal Governments. Dawn has been cleared of all charges. But instead of awarding her compensation for over 15 years of trauma, the previous Federal Government demanded fees from Dawn which amount to the value of her home and which will bankrupt her. Has the current Finance Minister met with Dawn to hear her story, and what will it take for him to waive these fees?
Janice Anne Newham
*********
19
Dear Mr Tanner:
Are you continuing to persecute DAWN ROWAN because she set legal precedents in the Westminster system by winning the tort of Misfeasance (abuse of public office) against the Minister for Health in the SA Government in 1987?
(You do not come across as a vengeful type of person unlike some of your fellow politicians).
The SA Minister was found guilty of Misfeasance because he knowingly released a report containing shocking defamation and false allegations and thereby abused his public position.
THIS LEGAL DECISION HAS DESTROYED POLITICANS' UNBRIDLED ROTECTION TO ABUSE PARLIAMENTARY PRIVILEGE.
(See Constitutional Law Update 2002).
(Rev.) JAN CROUCHER
*********
20
Mr. Tanner I note on the ALP website under "objectives" the following: We value compassion and dedicate ourselves to social justice. We believe that it is the Australian way to work together to help alleviate suffering and disadvantage when we can. I would like to ask when this will occur for Dawn Rowan.
Craig Semple
*********
21
Question for Mr. Tanner
I'm the DAWN ROWAN you're reading about here. For 24 years my life has suffered intolerable cruelty, injustice and humiliation because of malicious lies, which, as you are aware, were a 'shocking defamation', designed to destroy my personal and professional reputation in Cowards' Castle, ie. the South Australian parliament. The defamation was perpetrated in collusion with the Commonwealth Government.
I'm completely innocent as established by all the court judgments.
The Commonwealth has spent millions of taxpayers' dollars paying lawyers and bureaucrats to continue this infamy.
Mr. Tanner: I am asking you for justice and restitution.
Dawn Rowan, St Andrews (Victoria)
*********
22
Why has it taken so long for Dawn Rowan's case to be even considered for the compensation she so obviously deserves? Over twenty years is another injustice to her.
Ray Zimmer, Burwood 3125
*********
23
Lindsay Tanner:
Why has Dawn Rowan's case, where the eminent civil rights lawyer Julian Burnside describes the Commonwealth's actions against Dawn Rowan as 'shabby' not been dealt with after 24 years? Are
you willing to right a miscarriage of government power against a good Australian woman and help her salvage the remnants of an extraordinary life?
Iain Watt
*********
24
For Hon Lindsay Tanner:
"Justice delayed is no justice". An opportunity exists to waive massive legal costs charged against Dawn Rowan of St Andrews. When will this long awaited act of justice take place?
Peggy Jones
*********
25
How is it that defending yourself against false allegations can lead to bankruptcy? Will you (Lindsay Tanner) agree to release Dawn Rowan from her legal fees as Jenny Macklin, amongst many others, has recommended?
Keith Dyer
*********
26
I'm curious to hear Lindsay Tanner's take on the plight of Dawn Rowan, a pioneer in the Women's Refuge movement. He has not responded to community requests to resolve this outrageous twenty-four year legal saga. Why is it that the minister has waived a taxation debt of a former Governor-General, yet has not waived the debt of Dawn Rowan, whose debt emerges from a successful fight to clear her name - muddied by unfounded allegations in a government report? When will he act?
Rudy Monaco
*********
27
Lindsay Tanner,
Does the Minister realize that the Dawn Rowan saga has continued for over 20 years. Could the Minister please say when he will make a judgement on this case.
Anne Page, East Doncaster
*********
28
Dawn Rowan was exonerated from any wrongdoing in 2002. Why did she have to pay the costs for clearing her name? Why have the debts the government claims she owes not been waived yet?
Diana Dow, Melbourne
*********
29
To Lindsay Tanner:
The previous Government took a hard line on Dawn Rowan, a person who has been pursued through the courts for years to pay the Federal Government's costs after being found by a South Australian
judge to have been wronged by unsubstantiated allegations. You can right a wrong, perpetuated by your Government since its election, by waiving her costs. What is stopping you from doing this?
ref: http://jmm.aaa.net.au/articles/4728.htm
Peter Page, ACT
*********
30
To Lindsay Tanner:
I understand you are familiar with the case of Dawn Rowan, who was the victim of false allegations in her work assisting battered women yet in the process of successful quest to prove her innocence was somehow saddled with the debt of the Commonwealth's unsuccessful defence. How has such a travesty of justice been allowed to be perpetuated in this country for 24 years, and what are you intending to do about it now?
Simon, Brunswick
*********
31
Lindsay,
You've just recently written off the debt of a previous GG who made a mistake with his tax. I can't understand why its so difficult to forgive the debt of someone like Dawn Rowan who has consistently been vindicated in the courts and is the victim of government bureaucrats maligning her based on false evidence. Can you please explain the justice of this situation to us?
Rob Kilpatrick
*********
32
The Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin, has recommended to you that you waive the debt that Dawn Rowan has to the Commonwealth. You know that she is innocent but if the Commonwealth pursuing her for legal costs will lead her to becoming bankrupt.24 years ago Dawn Rowan ran a women's Refuge in Adelaide which, because of false allegations made against her, was shut down. In her blog (http://dawnrowansaga.blogspot.com) the Commonwealth's actions against Dawn Rowan are described as 'shabby' by the eminent civil rights lawyer Julian Burnside. When will justice to be done in her case and why has it taken 24 years?
Jim Langdon, Ringwood Vic
*********
33
What are you going to do about the appalling Dawn Rowan case?
David Morland
*********
34
To Mr Tanner,
I thought that in Australia, if a person was declared innocent, then they were not held liable for court costs. How come The Australian government is pursuing court costs against Dawn Rowan? How come she has continually been denied full Justice in Australia for over 24 years?
Rev'd Richard Minol
*********
35
Dear Lindsay Tanner,
Are you going to waive court costs against Dawn Rowan as she has been judged innocent by the courts? Why has it taken so many years for this matter to be finalized? Julian Burnside has supported her case - why is the government not content to drop the matter which would seem to be a just outcome?
Paul Gormann, Melbourne
*********
36
To Lindsay Tanner
Why is it that the minister has not waived the debt of Dawn Rowan, a pioneer in the Women's Refuge movement, whose debt emerges from a successful fight to clear her name, which was muddied by unfounded allegations in a government report? She has waited for justice for 24 years. Minister Jenny Macklin has recommended this action... why the wait?
Bill Brown
*********
37
To: Lindsay Tanner:
Through a FaceBook group, I have learned of the extraordinary wrong that you can correct by waiving Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case?
Roger Hooker
*********
38
Sighting the ongoing injustice against Dawn ROWAN that has waged on for 24 long years. Other than overturning the unjust debt placed upon her by the Government appointed court: are measures being undertaken by the current Government to ensure future travesties of justice are not meted out on other unsuspecting innocent Australians?
Joshua Hudson
*********
39
Dear Lindsay Tanner,
I have been trying to understand the case of Dawn Rowan and see that you are the one who could help her out of her misery. Could you please show her some favour?
Kind regards,
Mrs Vani Houghton
*********
40
To Lindsay Tanner:
When will you waive Dawn Rowan's debt to the Commonwealth?
Dorothy Hatch, Strathmore
*********
41
To Lindsay Tanner,
Should Australian taxpayers have to foot the bill -millions of dollars - for a travesty of justice in the case of the Commonwealth against Dawn Rowan. Is Justice being done? Dawn is innocent of any wrongdoing: she's the victim of untrue, trumped-up allegations. At every stage in the Court proceedings she has been vindicated.
It is strange - to use the mildest word - that the innocent party has to pay any costs. It ought to be highly unusual that the guilty parties - particularly the two key individuals involved (Dr. Cornwall and Ms Judith Roberts) - can put together a bevy of lies, and not be liable for one cent! Similarly with people responsible for the five SA and Federal Governments' departments 'mislaying' a whole cohort of documents relating to the case!
Will Spann
*********
42
ADDRESSED TO LINDSAY TANNER:
One of the founding myths of the modern so-called democratic state is the equality of all before the majesty (sic) of the law. How can one reconcile the treatment meted out to Dawn Rowan - who, after many years of legal battling, obtained a totally justified compensation judgment in her favour against the government, only to have it appealed by the government, and overturned - with the astonishingly quick award of $250,000 EACH to Abbott and Costello, for a one-line asserted slur on the character of Tanya Costello, in a book by Bob Ellis with a limited readership and no particular social significance at all.
[When the democratic political representatives of the people assume the mantle of rulers, maybe they should remember what Robespierre instigated.]
[A subsidiary derivative question, that can be ignored in the interest of the media's need for clear, direct and finite questions: With the huge number of scandals associated with the legal system, is it time to scrap the entire operation, and start over - maybe with small councils of ten elders or some such? (We could begin by compiling a dossier of complaints, and manifest injustices, and go from there.)
Glynne Sutcliffe
*********
43
Wouldn't you agree that 24 years is way too long for someone to wait for justice, in this wonderful country of Australia? The right thing to do is to waive Dawn Rowan's debt to the Commonwealth. This woman has suffered long enough because of FALSE allegations levelled against her.
Mrs.Nancy Moyle
*********
44
Why is it that the minister has waived a taxation debt of a (well-resourced) former Governor-General, yet has not waived the debt of Dawn Rowan, a pioneer in the Women's Refuge movement, whose debt emerges from a successful fight to clear her name which was muddied by unfounded allegations in a government report? She has waited for justice for 24 years. Minister Jenny Macklin has recommended this action... why the wait?
Gary Heard, West Melbourne
*********
45
To Lindsay Tanner:
Dawn Rowan is innocent and was proven so in court, but the Commonwealth continues to pursue her for legal costs.
See Channel 7's Today Tonight: http://www.youtube.com/watch?v=BdJYo3iMJoA
Payment of these 'costs' would render her bankrupt, homeless and unable to earn her living (something she can barely do now with this agonising injustice hanging over her head).
Jenny Macklin has recommended that you waive this 'debt'.
Dawn Rowan has been attempting to clear her name for 24 years. Justice Debelle stated that those levelling allegations against her "...were guilty of malice..." and guilty of, "...shocking defamation...".
Civil rights lawyer Julian Burnside describes the Commonwealth's actions against Dawn Rowan as "shabby".
Why is it that here, in my home country of Australia, certain individual members of our government (when proved guilty in court) can hide behind the power and resources available to them and be 'let off'? leaving the innocent party (Dawn Rowan) to carry the can - to the point of homelessness and 24 years of psychological torture?
Rasili O'Connor
*********
46
To Lindsay Tanner,
You are aware that the case of Dawn Rowan has been around for some 24 years and that there has been a serious miscarriage of justice in her case. If you do not intervene, as has been recommended by Jenny Macklin, she will be bankrupt, despite top legal advice that the Commonwealth has acted shabbily in her case. Will you save this poor woman after all these years, whose only motive was to help save others?
Bruce Morey
*********
47
To Lindsay Tanner:
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case?
Bob Garbett, Nth Ringwood Vic
*********
48
To Lindsay Tanner:
Please waive Dawn Rowan's debt to the Commonwealth, just as your colleague Jenny Macklin has recommended. You know she's innocent and yet, the Commonwealth is still pursuing her for legal costs. Why should Dawn Rowan become bankrupt through such a travesty of justice? Dawn is the one who ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case? One only has to see her Blog - http://dawnrowansaga.blogspot.com/ to see how, and as one civil rights lawyer Julian Burnside describes it, the Commonwealth's action's against Dawn Rowan is 'shabby'. For Australia's sake, Justice must prevail!
Peter J. Coburn
*********
49
Dawn Rowan - a women's shelter manager - was badmouthed in Parliament and the shelter was closed down. She won justice against the government in court. But costs were awarded against her. A first mystery. This didn't happen under your watch, but the case was put to you early in this government's term. Surely the injustice is clear. Why the delay, especially when Jenny Macklin has already recommended that you waive Dawn Rowan's debt to the Commonwealth?
David Powell
*********
50
To Lindsay Tanner:
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan\'s debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut
down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case? See her Blog - http://www.facebook.com/l.php?u=http://dawnrowansaga.blogspot.com%2F where the eminent civil rights lawyer Julian Burnside describes the Commonwealth's action's against Dawn Rowan as 'shabby'.
Mary Barker
*********
51
Mr Lindsay Tanner:
Are you aware of the case of Dawn Rowan who has been pursued by successive Federal Governments for legal costs in relation to a court case in which false allegations were levelled against her? Dawn ran a Women’s Refuge in Adelaide. At every court appearance she has been vindicated of the charges brought against her. Why is Dawn still waiting for justice 24 years later? Your colleague Jenny Macklin has recommended you waive Dawn's debt to the Commonwealth. Will you?
Mark Francis
*********
52
To Lindsay Tanner:
Why won’t you give justice to Dawn Rowan? Your colleague Jenny Macklin has recommended you waiver the debt that has been hanging over her head for over 20 years. Why have you not done so?
She worked with battered women when it was very un-trendy to do so. She was slandered horribly. She took it to court, won, and then the judge awarded costs against her! She has been fighting it for 2 decades and faces losing her house now to pay it. You can waiver the debt. The eminent civil rights lawyer Julian Burnside describes the Commonwealth's actions against Dawn Rowan as 'shabby'. I can understand the previous Liberal government not helping a woman who worked with abused women. But I expected better from the current Labor Party. Jenny Macklin has recommended the waiver. Why
haven't you acted?
Jim Reiher, Springvale, Victoria
*********
53
To Minister Lindsay Tanner:
Minister, why is it that Ms Dawn Rowan can win a court case against the government, i.e. be declared innocent, but still have to pay the governments costs resulting in her becoming bankrupt and loosing her house?
Robin Perkins
*********
54
From Cape Town.
Ms. Dawn Rowan is the social worker who famously took on the government of South Australia, then the Commonwealth -- and won. Yet she faced financial and professional ruin when ordered to pay the
government's costs. The Hon. Minister Tanner has kindly devoted his personal attention to this matter. Does he foresee a benevolent outcome?
Rev. Thomas Scarborough
*********
55
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - causing her much suffering and financial hardship. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case?
Ninure Saunders
*********
56
To Lindsay Tanner
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. She has been found innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut
down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case? Eminent civil rights lawyer Julian Burnside describes the Commonwealth's actions against Dawn Rowan as 'shabby'.
Phil Heuzenroeder, Melbourne.
*********
57
Dear Mr Tanner,
How can any Australian have confidence in our system and its politicians when Dawn Rowan, declared innocent by the court, stands to be made bankrupt by the Commonwealth Govt? It really smacks of a despotic system, totally UNAustralian and as an ordinary citizen I am scared. It could happen to anyone. Reassure me.
Hilary Cook
*********
58
Dear Mr Tanner,
You currently hold sway over the fate of Melbourne woman Dawn Rowan who won legal cases against the South Australian and Federal governments. How can it be legal that she has never been paid the $500,000 ordered by the courts years ago? What is the procedure to make our government pay this outstanding debt, or is our government immune from Supreme Court and High Court ordered debts to citizens? Also, how can it be legal that she has now been instructed to pay the Government's
legal costs?
Bonnie Donehue
*********
59
Greetings Lindsay Tanner from America.
Your handling of the Dawn Rowan case is being watched by international observers.
Why has it taken so long (24 years) for the Australian government to make a judgement?
Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth but still your government is pursuing her for legal costs.
Dr Geoff Pound,
Jefferson City, Tennessee.
*********
60
Mr Tanner,
Why has it taken so long for justice to be given to Dawn Rowan? What do you intend doing about what Julian Burnside has described as "shabby" regarding the Commonwealths actions towards Dawn Rowan?
Craig Semple, Phillip Island
*********
61
Mr Tanner,
Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth that arose from defending the vexatious claims made against her, When are you going to finalise the issue and waive her "debt" to the Commonwealth?
John Alchin
*********
62
Tradition prevents the Crown from stooping to the level of recovering legal costs from an individual citizen; the Queen would never do it. Why is the Governor General hounding Dawn Rowan? Is Australia broke?
John Robertson, Clacton-on-Sea, England.
*********
63
To Lindsay Tanner:
In relation to Dawn Rowan - You are aware of her situation and the injustice and mistreatment done to her by the state and federal government. Why has it taken 24 years for her to get justice? All the
courts say she is innocent yet she is harassed and pursued for legal costs. Your colleague Jenny Macklin has recommended to you that you waive her (unjust) debt to the commonwealth - will you pardon her debt? Please have the courage to see justice get done in this situation.
Jarrod
*********
64
A question for Lindsay Tanner.
Dawn Rowan ran a Women's Refuge in Adelaide, which was shut down after false allegations were levelled against her. It has been 24 years and justice is STILL yet to be delivered to her. Eminent civil rights lawyer Julian Burnside is on record as describing the Commonwealth's actions against Dawn Rowan as shabby. I myself am offended by what she has undergone at the hands of the Commonwealth.
Jenny Macklin recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know, Dawn has repeatedly been found innocent in the courts of any wrongdoing, but the Commonwealth is intent on ruining her further by demanding that she pay legal costs that will make her bankrupt. The Commonwealth does not NEED her to pay legal costs, nor is it morally acceptable that she should, when they brought her into such unfounded disrepute so unfairly. It's disgusting.
Will you do the moral and Australian thing by finally bringing justice to Dawn Rowan? It is in your power to do so, and you are the only one who can now return her life to her which was so shamefully taken from her so unjustly.
Matthew J Bevis, Melbourne
*********
65
To Lindsay Tanner:
Your colleague Jenny Macklin has recommended that you waive Dawn Rowan's debt to the Commonwealth. As you know she's innocent, but the Commonwealth is pursuing her for legal costs - leading to her becoming bankrupt. Dawn Rowan ran a Women's Refuge in Adelaide, which was shut
down after false allegations were levelled against her. Why has it taken 24 years for justice to be done in her case? See her Blog - http://dawnrowansaga.blogspot.com/ where the eminent civil rights lawyer
Julian Burnside describes the Commonwealth's actions against Dawn Rowan as 'shabby'.
Rev. Dr. Rowland Croucher, Melbourne
*********
66
I would be interested in hearing Mr Tanner's comments on the Dawn Rowan Saga. Surely someone who has been vindicated should not pay the losing party's costs, especially where the losing party's conduct has been called into question? When will a decision be made?
M D
*********
Thursday, October 2, 2008
INDEPENDENT WEEKLY ARTICLE
The excellent article by graham Archer:
http://tinyurl.com/3jjjzb
May 30th 2008
http://tinyurl.com/3jjjzb
May 30th 2008
Sunday, April 13, 2008
A LETTER FROM MAL BROUGH
[Note: Below are Dawn's responses to a letter from a former Minister of the Crown, who wrote while still in office. It is an excellent example of the warped material the bureaucrats have fed to politicians, and presumably will still do so with the current government. Rowland Croucher April 13, 2008]
*****
A LETTER FROM MAL BROUGH – AN ANALYSIS
Brough’s letter (below) typifies the strategies routinely used by politicians to lie, obfuscate and totally distract the reader from the truth.
Brough’s letter demonstrates the ENTIRE history of this despicable abuse of Government power. Justice Debelle states in his 2002 judgement, when referring to the so-called ‘Independent Review Report’, that this Roberts review (see following **) consisted of OMISSIONS, MISLEADING STATEMENTS, HALF-TRUTHS, AND FALSE ALLEGATIONS.
Brough’s letter uses identical strategies to present an entirely untrue ‘summary’ of the whole twenty-two years of Government and legal abuses.
** THE ROBERTS “INDEPENDENT” REVIEW
Mrs Judith Roberts “AO” worked in close conjunction with Ms Wendy Heath, Acting Advisor on Women and Welfare (i.e. women’s advisor to the Minister, John Cornwall, who currently is employed training companion animals) who obsessively maintained a SECRET FILE on Dawn Rowan from 1981 to 1987(when Christie’s Beach Women’s Shelter was finally blown away).
This dossier contained repeated, baseless complaints from a half a dozen malcontents who each had a personal animosity to Dawn and who were ex-residents not eligible for some shelter services; ex-employees; and ex-management committee members. Heath repeated and repeated and repeated these baseless lies in various memos and reports held, in a Departmental file, without Dawn’s knowledge, from 1981 until 2001, when the trial was held, described by Justice Debelle as “… as shocking defamation…”
Justice Debelle’s judgement regarding Wendy Heath stated:
“She had assisted Ms Anderson in the preparation of a list of allegations against the Shelter. She had been present at a meeting with police and officers of the Corporate Affairs Commission on 2 June 1987 who had been appointed to investigate the staff of the Christies Beach Shelter and had then provided detailed information concerning the Christies Beach Shelter.”
The Crown Solicitor, Maria Panagiotidis, decided, during the trial, NOT to call Heath as a witness for the Government case. Justice Debelle states:
“Although Ms Heath was not a party, she was plainly an important witness. She had a particular knowledge of the allegations which had been made against the Christies Beach Shelter.”
And further states:
“I find that Ms Heath's evidence would not have assisted the case of the State (Government) defendants. In the absence of her evidence, I find that she and Ms Wighton were antagonistic towards the plaintiff.”
BROUGH’S OBFUSCATING LETTER
THE AVERAGE AUSTRALIAN CITIZEN, ON RECEIVING A LETTER WORDED LIKE BROUGH’S, WOULD BELIEVE IT TO BE THE TRUTH, SIMPLY BECAUSE IT CAME FROM A GOVERNMENT MINISTER.
DAWN HAS HAD TO ENDURE THESE DISGRACEFUL STRATEGIES AT EVERY POINT IN THIS SAGA FROM THE RELEASE OF THE ROBERT’S REPORT (UNDER PARLIAMENTARY PRIVILEGE) TILL THE PRESENT DAY … AND CONTINUING.
DAWN HAS NEVER RECEIVED ANY OF THE BELOW ‘JUSTIFICATION’ FROM:
• BROUGH (Howard’s Minister responsible for women’s shelters),
• RUDDOCK (Howard’s Attorney General),
• MINCHIN (Howard’s Finance Minister) or
• Hunt (Howard’s Federal Member).
Brough, Ruddock and Minchin NEVER even had the decency to reply to the extensive, detailed letter sent by Dawn requesting justice and compassion. All Dawn ever received was a simplistic, party-line, one paragrapher from Ruddock handballing it to Brough, at precisely the same time as Brough handballed it to Ruddock who then, handballed it to Minchin.
Why such a deafening silence?!!!!
Because they were always fully aware that this entire wickedness was based on misleading half-truths and outright lies and they were therefore unable to reply directly to Dawn who could, in an instant, expose the COVER-UP.
Brough’s letter deliberately uses carefully chosen language to disguise the shocking abuses they had perpetrated on Dawn already, for twenty-one years to 2007. The strategy used below is to deny, minimise, trivialise and shift blame in regard to an horrific and continuing execution, by Government, of a person proven innocent.
The uninformed reader is enticed by deliberate, careful deceit into believing that the Government has acted reasonably and responsibly when, in fact, their actions – at all times – continue to defend the indefensible, and with taxpayers money.
Following Brough’s letter, Dawn has added comments and facts that were deliberately omitted in this letter.
*****
02 Oct 2007
The Hon Greg Hunt MP
Parliamentary Secretary to the Minister for Foreign Affairs
Member for Flinders
P O Box 274
Hastings Vic 3915
Dear Mr Hunt (Hunt is crossed out and a hand written Greg is inserted)
Thank you for your letter of 14 August 2007 on behalf of Dr Tim Ealey of Coronet Bay about Dawn Rowan.
Ms Rowan's debt [1] to the Commonwealth arose as a result of her [1] taking legal action against a number of defendants [5], including the Commonwealth, alleging [2] that she was owed damages because of negligence, defamation, misfeasance and conspiracy. The allegations [2] were made in the context of a joint Commonwealth/State report on women's shelters in South Australia, the details of which were broadcast on television in August 1987 [3].
The matter was dealt with in the first instance by a single judge of the Supreme Court of South Australia [4]. However, the Commonwealth (and other defendants) successfully appealed [5] this decision to the Full Court of the Supreme Court of South Australia, who found that there was no legal basis [6] to support Ms. Rowan's allegations. The court made an in principle decision that costs be awarded against Ms. Rowan to compensate the Commonwealth (and other defendants) for reasonable expenses [7] involved in defending the matter [8].
Ms Rowan then applied for special leave to appeal that decision to the High Court of Australia. The High Court decided that leave should not be granted on the basis that Ms Rowan's case did not have reasonable prospects of success. The High Court emphasised that its role is to judge on untested general legal principles rather than to reverse a costs judgement in a particular case [9].
Generally, in circumstances where the Commonwealth considers that an applicant does not have reasonable prospects of success the Commonwealth can, in accordance with the Legal Services Directions 2005, invite the applicant to discontinue the legal proceedings in return for the Commonwealth not seeking costs against the applicant. The Commonwealth does this in the interest of avoiding the inevitable cost to all parties that are associated with the continuance of unjustified litigation [10].
However, as you would understand, an applicant has a right to pursue legal avenues, notwithstanding any views the Commonwealth might offer and this is a decision for the applicant to take. Where an applicant refuses to discontinue legal proceedings [11], and rejects such an offer, the Commonwealth is left with no alternative but to pursue the recovery of costs [12].
The issue of costs was, in this case, determined by the Full Court [8] of the Supreme Court of South Australia, in a separate judgement, after Ms Rowan had exhausted her avenues of appeal. The court awarded the Commonwealth $380,00 [13] in costs. In coming to its decision, the court stated:
"We think that there is sufficient information upon which the Court can
conclude that a figure of $380,00 is logical, fair and reasonable".
Under the Financial Management and Accountability Act 1997, the Commonwealth is required [12] to pursue payment of debts that are due to it, including debts that arise under costs orders of court. In such circumstances, the Commonwealth must take what ever steps [12] are appropriate to ensure that moneys due to it are paid to the greatest extent possible and returned to the Consolidated Revenue. While the Commonwealth may explore a range of options to obtain payment of a debt, in some situations this can only be done through legal action [12].
I am aware that Ms Rowan has made a number of public statements, including on her website, in relation to the Commonwealth's handling of this matter. For privacy reasons [14], I am not able to discuss the particular aspects of Ms Rowan's case which are not on the public record. However, I can say that in dealing with any matter involving the recovery of a debt, the Commonwealth is required to comply with [12] a comprehensive legislative and policy framework, which is designed to treat debtors in a fair and reasonable manner.
In particular, the Commonwealth is required to comply with [12] the principles set out in the Legal Services Directions 2005, including the requirement to behave as a model litigant [15]. In this particular case, the Commonwealth complied with those principles [15]. In accordance with the Legal Services Directions, the Commonwealth will, where-ever possible and appropriate, endeavour to settle matters without the need for court proceedings. However, where satisfactory resolution cannot be achieved, it is sometimes necessary to seek the determination of the courts [16].
Once again, thank you for writing on Dr Ealey's behalf. I trust my comments are of assistance. ????
Yours sincerely,
*****
[1] This implies it was Dawn’s fault and she caused her own problems.
[2] This deliberately omits the word ‘unsubstantiated’ which these allegations were described as AT ALL TIMES, even in the Robert’s Report and in Hansard. The effect Brough intended was to convince the reader of there was substance in the allegations to be proved.
[3] This entire paragraph utterly omits the fourteen-year legal battle to get this case to trial, the enormity of the five-month trial, the complexity and extent of the legal charges.
[4] Thus, in one simplistic sentence, Brough:
• utterly disguises the five-month, landmark trial after fourteen years of constant legal action and court hearings;
• ignores Debelle’s strong judgement which was highly critical of Roberts, Cornwall, Wighton and Blake;
• ignores Debelle’s findings of liability against the Commonwealth;
• utterly trivialises a five-month, landmark legal action, with 5,000 pages of transcript, 1,500 documents admitted as evidence to the trial,
ignores the fact that Dawn represented herself against four powerful legal teams and WON on every substantive issue.
[5] The use of ‘a number of’ or ‘other defendants’ is vague and implies, to the casual reader, that all other defendants ‘successfully appealed’. This is utterly untrue as the State Government and ‘other defendants’ were found guilty.
[6] This is deliberately misleading because, at all times, a legal basis has been proved “to support Ms Rowan’s allegations”.
[7] This is a lie and completely omits the Court’s initial order for Dawn to pay $690,000.00 (see also [13] below)
[8] Brough omits the fact that Dawn Rowan took action against the three judges who heard this appeal for undisclosed bias, upon discovering the undisclosed association Judith Roberts had with:
(a) the Chief Judge of the South Australian Court (Doyle), who appointed these judges to hear the appeal, and
(b) two of these three judges.
The judgement of these three judges regarding their alleged undisclosed bias was that, their appeal judgement was not influenced by their personal knowledge of Roberts. They made the appeal judgement releasing the Commonwealth and the two television stations from liability.
Even more curiously, their judgement ordered Dawn Rowan, the INNOCENT PARTY, to pay the costs of the Commonwealth, the television stations and her own costs of her successful appeal. This decision is extraordinary given the normal legal process whereby the guilty party (namely the State of South Australia) pays the costs of the innocent party (Dawn Rowan) and all other parties legitimately joined in the action.
[9] Brough deliberately omits the extraordinary difficulty in getting the High Court to hear any application. The litigant is given twenty-minutes to present sufficient evidence to interest the High Court. Only one in eight cases ever succeeds in this David and Goliath task.
[10] This is deliberately misleading because Justice Debelle, the only judge to hear and see all witnesses and read all documents, found strongly that the Commonwealth were liable and thus that Dawn’s proceedings against the Commonwealth can, under no circumstances, be described as unjustified, i.e. Dawn’s decision to include the Commonwealth in this case was completely sanctioned by Justice Debelle’s findings of Commonwealth liability.
[11] This is misleading for reasons stated in point 10 (above), and implies that Dawn is a difficult or belligerent litigant.
[12] This is utterly untrue and totally misleading. The Commonwealth is NOT obliged, under ANY Legal Services Directions or Financial and Accountability Acts or requirements to behave as a “model litigant”, to pursue an innocent person to destruction. The Commonwealth has, at all times, the option and the power to settle decently with any litigant, under any circumstances SHOULD THEY CHOOSE TO DO SO.
[13] The Commonwealth has, at all times, refused to answer questions in Parliament and from the public regarding the actual spending by them on defending the indefensible. It can be confidently assumed their costs would be in the millions of dollars, defending this case in court since 1990.
Curiously, the figure of $380,000 is exactly Dawn’s equity in her home and not a cent more - A HUGE COINCIDENCE?
[14] This is a lie because there were no privacy restrictions and the Commonwealth were always fully aware that this entire wickedness was based on misleading half-truths and outright lies and Brough is therefore unable to reply directly to Dawn who could, in an instant, expose the COVER-UP.
[15] This can only be true if a ‘model litigant’ is required to threaten, bully, lie, obfuscate, cheat and do ‘whatever it takes’ to win at any cost.
[16] This statement contradicts the common knowledge of the fact that we have a ‘legal system’ which is irrelevant to justice and decency.
DAWN ROWAN
APRIL 12, 2008
Monday, April 7, 2008
RUMOUR ABOUT DAWN AND THE COMMONWEALTH 'OFFER'
THE Adelaide Chinese Whisper RUMOUR machine has been in full ugly swing. (What’s new?)
Dawn has NEVER been informed or had ANY knowledge of the UTTER LIES being deliberately circulated by the guilty, and then continued by the uninformed OR lazy OR gossip mongers.
The RUMOUR:
*****'Dawn was offered a generous sum by the Commonwealth to cease all litigation on these matters, but she refused' *****
DAWN'S RESPONSE:
===>>> The Commonwealth Govt HAS NEVER OFFERED A CENT TO DAWN.
During formal Mediation, instigated by Dawn in 1998, with all parties over a period of 3 1/2 days, the Commonwealth REFUSED at all times to cooperate with the other 3 parties (SA Govt, ABC TV & Channel 10) who were trying to settle out of court at that time.
These parties were asking the Commonwealth to pay a paltry $20,000 as a small proportion of the whole offer – to get them on board. The QC representing the Commonwealth was on the phone to Canberra constantly, strongly advising them to agree. The Commonwealth belligerently refused.
FURTHER
During the five-month trial, the Commonwealth lawyers initiated an offer to Dawn that, if she released the Commonwealth from the action they would not pursue her for costs. IE. THEY HAVE NEVER OFFERED A CENT TO DAWN. Justice Debelle found the Commonwealth liable, so Dawn’s decision not to be blackmailed and threatened by the Commonwealth proved the correct thing to do at the time. Because of the strength of the judge’s findings, it was reasonable for Dawn to expect that any appeal would uphold this liability.
Three Supreme Court judges heard the appeal and overturned the liability of the Commonwealth and the 2 TV stations and, shockingly, ordered the INNOCENT PARTY, Dawn, to pay their costs. The legal precedent is that the GUILTY PARTY (Roberts, Cornwall, and the State of SA) pays the costs of the INJURED PARTY, AND THE COSTS OF ALL OTHER PARTIES LEGITIMATELY INVOLVED IN THE ACTION, ON EITHER SIDE.
Following this bewildering and unjust judgement, Dawn discovered that (a) two of the three judges had previous association with Judith Roberts (the Chair of the so-called “Independent Review”), who was found to be the “gross defamer”, and, (b) that the Chief Judge of the SA Supreme Court had sat on the Flinders University Council with Roberts since 1994 and so, in 2006, Dawn charged the judges with Undisclosed Bias but the judgement of these three judges was that they were not motivated by their previous contact with Roberts. Thus, their curious judgement on costs was upheld with the full knowledge that Dawn, an ordinary citizen, would be bankrupted and made homeless.
No other offer has ever been made by the Commonwealth.
Dawn Rowan
8th April, 2008.
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