Mood:  chatty

 
Theatrical release poster for The Dark

“Our boy” is what Neil Armfield is supposed to have said on the cutting floor analysing rushes of  Candy starring Heath Ledger. It’s a movie I’ve avoided because drug use is too disturbing for the son of a son of an alcoholic. The implication though is clear – the guy had a sliver of genius amongst we 6 billion or so.

We also avoided Ledger in the emo/gay favourite Brokeback Mountain. But we did catch a DVD of Lords of Dog Town on the foundation of the 1970ies skateboarding sport craze. Based on a real life Aussie character.

Sliver of genius cutting across the wave face of life … and wiping out as some do.

Heath Ledger played chess well they say and worked at his subversions of the Establishment. He spoke against the Iraq war on a chat show in 2003. He hated the celebrity press, some of whom hated him back and shame on them.

Damn, damn, damn, we wrote sincerely on the news of his premature death amongst acclamations and dissension over his arguable importance.

Recently Andrew Bolt, a professional right wing contrarian claimed Dark Knight was a paean to Dubya Bush's stand against terrorism. Mmm. We expressed doubt from ignorance but now we have seen the whole 3 hours worth and can offer some serious reflections.

Yes it is a movie that leaves you thinking some days later. That’s a good sign.

The saying ‘good art doesn’t preach, it’s nuanced and let’s the audience find and prefer their own meanings’ seems to genuinely apply here.

There are some very obvious references to grim movie No Country For Old Men

(a) the coin flipping, references to fate, you lose the toss you die

(b) the dog attack on Batman early on.

These are maybe ripoffs - leveraging a better crafted story for a narrower audience into a blockbuster mass one - or maybe a compliment. Depends on your cynicism perhaps.

‘Our boy’ does his craft and his colleagues and himself proud. If method acting preparation didn’t’ screw him up then nothing would. He comes over so real. The Joker is capital B bad. Audiences drink up a complex villain the way we never quite get why children die no matter how many ‘facts’ about poverty, illness, madness, genetics, criminality.

Some stand out line for this writer:

(a) “Some men just want to see the world burn” observes Michael Caine as the butler; and

(b) “It’s not about money, it’s about sending a message” as The Joker puts the flame to a multi million dollar pile of dough;

(c) “What doesn’t kill you, makes you … stranger” by you know who.

The movie descends into the blockbuster staples of car chases and shoot outs but it’s The Joker that grounds the narrative as Ledger did in Dogtown playing Skip the drunken entrepreneur. My companion who despises ‘mindless Hollywood violence’ wanted to walk out bored, contemptuous. But that would be a 1% audience reaction proving the rule. Even she was impressed by the pencil trick.

We noticed some curious echoes in the show too – Gotham General Hospital gets blown up. A cliché but the falling bricks somehow reminds of the Canberra hospital demolition tragedy. The allegedly beautiful love interest was fairly plain by movie star standards but I got to like her for her savvy and guts which is what you want in a lawyer after all. Not least her sad foreknowledge.

So what about the politics? Well it’s there, post 9-11 with all this crazy destruction an obvious echo, and sinister duality of authority figures in the age of rendition, but what it means is up for grabs. Pick your angle in the kaleidoscope of imagery and buttons being pushed. In the end it is a cartoon of life.

Harvey Two Face could be the USA national character – handsome, strong, smart with madness in his soul from love lost. Or just a plot line.

Batman could by Dubya or more likely the national USA psyche – the running hero who is resilient enough to take false accusations for the greater good. Or Batman could be Osama depending on which side of the corruption soliloquy in Syriana you prefer.

The Joker could be Osama the terrorist “who just wants to see the world burn” as per World Square destruction, or he could be Dubya - seeking Christian evangelical Rapture meaning a world burnt to a crisp initiated out of a conflict in the Middle East. Or so they say. And what is the shock and awe bombing of Iraq on a false pretext other than a desire to see something burn – if only for revenge.

But here is what I conclude the politics of the movie is about – that fear and pain leading to revenge results in madness and chaos and misery. And that’s an accusation pointing in many directions.

It’s a movie that is almost certainly an hour too long but then any chance to see more of ‘Our boy’ is fine by me. Good one Heath, wish you could have stayed.

Posted by editor at 3:56 PM NZT

Updated: Tuesday, 19 August 2008 5:01 PM NZT

Share This Post

Post Comment | Permalink

Mood:  silly

Again today we read of a rescue "on Mt Cook" which is false. These lucky folks were no where near Mt Cook in mountaineering terms or even common sense terms. Is it because all the real sports journos are in China for the Olympics?

Is it a desperate attempt by the Telegraph to get value for cheque book journalism? The great irony is this writer called their office on Saturday to tip them off about the error of geography. They said no staff for the Daily Telegraph on Saturday. So I asked to go to their website and told those folks presumably using the same text.

Then they made the same error again on the Sunday Telegraph so I blogged on it here:

Talking Turkeys in the Big Media: A case study on how Mt Sealy became Mt Cook
Mood:  incredulous
Topic: big media

Now the error just runs on again to Monday 18th August 2008. These folks should consult the "independent trustworthy" SAM micro news website more often!

We don't know why the error kicks on but we do know that the 6 Aussies rescued thankfully last weekend were not "on Mt Cook" but rather the Sealy Range/Mueller Glacier some 5 to 10 km south, or if close to Barron Saddle then as much as 12 km south of Mt Cook.

Take a look at our Google map from yesterday with Mt Cook at top to the north, Mueller hut and Mt Cook Village like YHA in the middle, and Mueller Glacier and foothills to the dominating Mt Sealy in the south:

That's a long way from Mt Cook - in fact a whole urban  village separates Mt Cook from Mt Sealy. Those silly folks at News Corporations Sydney Daily Telegraph. The real story today covered in both newspapers is this sad story:

 Three die in NSW snowfields An avalanche in the Snowy Mountains killed one man, and two others died in freak skiing accidents.

Posted by editor at 9:53 AM NZT

Updated: Monday, 18 August 2008 12:26 PM NZT

Share This Post

Post Comment | Permalink

Mood:  chatty

Author’s general introductory note (skip this bit if you know this regular weekly column):

“..newspapers are only a shadow of reality; their information is important to a freedom fighter not because it reveals the truth, but because it discloses the biases and perceptions of both those who produce the paper and those who read it.”

           

Media backgrounders

 * Take out the Trash #1? Iemma shelves his secret $5B tollroad tunnel under Marrickville? Such a little story, such huge political-economy implications. Is it really true? Is it the policy bribe to get Carmel Tebbutt back in the Cabinet going south in the polls fast? She wouldn't cop ventillation stacks in her electorate so push it all back on Cranky Franky Sartor at Rockdale with the M5 East x2? Big winners and losers in this story hardly commented on in Big Media.

* Emancipation anyone? League stakeholders wisely decide to cut a deal before Australia's double headed answer to Mohamed Ali gets a replay here.

* Simon Marnie refers to ex federal treasurer Peter Costello having a friendly chat with Nelson on his return from OS – on his own in a report pre 7 am Sat 16 Aug – is this true?

* Take out the trash #2? Federal Environment Minister Peter Garrett delays verdict on expansion of Beverley U Mine until 29 August 2008 "the government does not anticipate any further delays".  (from News Corp The Oz 14/8/08 p31). The mine is owned by US based General Atomics via local subsidiary Heathgate Resources. Beverley uses in situ leaching which is bound to impact the local environment.

* Sunday Telegraph goes big on the latest cheap junk from China - $12-18K cars/utes

* TB - a debilitating illness that destroys ones mucous linings, also known as Tim Blair - in the Sydney Saturday Telegraph goes on another of his fanciful diatribes alleging lack of efficacy in the green energy sector. Like Gerard Henderson it's what he leaves out that matters. For example UK citizen Allan Jones OBE visit recently after results Woking in UK:

Woking Borough Council in Surrey England reduced CO2 emissions by 77.5 per cent from 1990 to 2004 by installing 81 decentralised energy systems - nearly 10 per cent of the UK's total number of photovoltaics.

TB then ignores the other immensely effective green technology with a proven efficacy - the off switch for easily 20% conservation. And the odd $1B solar energy first step in a potential further 33 rollout by those well known 'greenies' BHP Rio Tinto and Woodside and other big business joint venturers. TB hasn't got a clue nitpicking about long life light globes. More reportage on that huge solar energy play including TB's own News Ltd sister paper here:

13 Aug 08 Australia as a solar energy leader, says WorleyParsons | The ...

 

13 Aug 08 Worley weighs up $1b Pilbara solar plant | brisbanetimes.com.au

 

13 Aug 08  [press date but curiously posted on the web as 16 Aug] Big guns turn their sights on solar | The Australian by John Durie in Martin Collins column - formerly Chanticleer back page Australian Financial Review i.e. a sharp cookie]

* Take out the trash #3? Meanwhile the WA Liberals in state election mode blow the whistle on poor gas pipeline safety in their north west sector - as we stated on a string on Crikey.com.au last Wednesday: 

Here's another political angle of interest - the Libs in WA expose poor ALP governance on gas pipeline safety (Australian p14 yesterday, today p12) - but doesn't this also demonstrate that the gas pipeline sector itself are a risky proposition for potentially catastrophic effect of leakage from a large scale carbon capture sequestration pipeline? In the gas explosion on the Apache Energy Varanus Island pipeline in north west WA it was 'only' billions of dollars in lost economic production. But in a populated area it would be thousands of deaths from asphyxiation from a lethal CO2 cloud bleeding out - say overnight - colourless, odourless, soundless [tasteless] ... and oh so fatal. Even the CEO of local Exxon subsidiary Mobil Australia said on the Kohler ABC business show that the he didn't want CCS to "sour" any current oil fields till at least 2020-2025 when they are finished. The implication is very clear - if it's not safe for over lying oil fields, its NOT SAFE FOR PEOPLE.

I bet the Barnett Liberals didn't realise they were also blowing the whistle on CCS? Or maybe we should give 'em credit? Notice too BHP etc joint venture on $1B solar potentially x 33 rollout if the economics stand up. Maybe they know something about CCS that Mobil already talked about with Alan Kohler ? - it's a crock. Someone should tell Martin Ferguson too. 

 * Curious allegation in The Oz Media last Thursday about ABC and Ch9 "colluding" on sharing footage. This follows Crikey getting spanked and for posting an ABC film of the National Press Club (for being a commercial operator using tax payer funded materials without permission). Max Uechtritz used to work for the ABC and is now a chief nob at Nine, or was but who really knows these days.  Just saying. Nothing personal Big Max - we've seen you swinging those fists against the dark forces of organised crime on tv.

* Another cracking story about Fijian local press reporter, pregnant and all, being harrassed by the dictator Bainimarama. Which doesn't sit too well with Jocelyn Scutt 'cleared' to work for the same dictator as reported in the same News Corp newspaper. What a mess.

* Same excellent The Media with some more chapter and verse from Rowan Callick on dictatorship control games at the Olympic for visiting journalists.

* Meanwhile the big miners like BHP leverage their PR with advertising spin with many full page colour adverts about how they mined the metal for the medals at the Olympics - only the Gold one looks in their pic looks like uranium from their Olympic Dam U mine. Radiation like Coca Cola fizzy drinks is not a good health product.

* someone called www.ForTheNextGeneration.com runs a full pager in the News Corp broadsheet about a disputed island between Japan and Korea. The black blocking must have been murder with the printers. Who is it?

* Can't be sure but sharp axe Christian Kerr (Thurs 14th Aug) possibly echoes our SAM line about Senator Xenophon leveraging other issues to push saving the Murray river - in a comment by moi as riposte to Bernard Keane sledge of X on crikey last week Wed 13th (dates check out).

* Take out the trash #6? MP Dr John Kaye on the hunt still over Tillegra Dam blowing out in cost for Iemma AND maybe being unsafe too for poor geology. Has the ingredients of another big stuff up? p12 14 August The Oz.

* Everywhere angst about new statutary 'tort' of privacy in the Big Media. Plenty of traffic both ways on this. Ackland in SMH says it's another attack on free press. ALRC says its needed due to technological change

10 Meet the Press:  8- 8-30 am

Press round up conspicuously avoids the dumb mistake story about mountain rescue in NZ.

Andrew Robb, shadow foreign affairs. Skate over Russia and China authoritarianism. Something about illegal foreign workers.

Out take footage of Rudd hiding behind children for a picfac. [So shallow. Should stop doing this manipulative stuff or the Big Media should.]

First adbreak Teachers Union effective advert about teachers in wrong subjects.

Panel is smart with Fran Kelly and Glenn Milne

Robb sledges Rudd “embarrassing” regional security organization.

FK asks great question about uranium exports to “tinderbox region” bad idea. Robb takes a lifetime to answer and weave his spin why we should.

Footage of Nelson [in nightwatchman job] at 17% going backwards. Milne tough question –

Robb political rhetoric resonates about 1996 5% swing to Govt in Lindsay. Compare Gippsland and NT tone set big swing against govt.

Robb skates away from Costello leadership story.  Go to second adbreak with cartoon about Dubya and Putin cold war standoff.

Whining teachers federation advert – but effective.

Paul Howes AWU unionist in dirty industry sector. [Wants to weaken climate change policies.] Starts off on Work Choices.

 Howes wants strong regulation on illegal foreign workers regarding bad treatment of same – rife in the agriculture sector. Not worried about criminal elements. Talks up harmony and welcoming country. Is worried about industries collapsing under labor shortages while not welcoming per se wants to engage and be proactive.

Free pollution permits until level playing field for overseas – says it will export jobs with no greenhouse cuts [– a do nothing policy in fact when we can leverage our preferred location and buyer market geo political economic advantages to make that playing field – walk and chew gum]

Riley Diary 7, 8.35 am

After the Olympics.

Insiders 2: 9- 10am

Press round up, Gerard Henderson looking chuffed at his front page story and feature yesterday [not realizing it damages Coalition by living in the past?] but instead refers to Iemma sleaze employment and wages policies plundering the public purse for mates.

Meglo refers to letter to witness – is it interfering with a witness? Referral to police under crimes act.

Much wry amusement about just how bad the Iemma Govt is – consensus. Public just want the trains and hospitals to work, not amazing lateral thinkers on high wages.

Talent is Treasurer Swan – rusted on loyalty to Fuelwatch. Believes in competition.

Bracks report $1.5B to car industry. Always been transitional assistance. Says it’s all normal, lifts innovation. Long term assistance – 65K employees he says.

 All the usual segments - refer website

Home page is http://www.abc.net.au/insiders/

Posted by editor at 12:51 PM NZT

Updated: Tuesday, 19 August 2008 11:45 AM NZT

Share This Post

Post Comment | Permalink

Mood:  incredulous

Yet they got it wrong on abc 7am bulletin following morning! As did Sydney's Sunday Telegraph today, as did abc tv 7pm news bulletin last night as did the Fairfax SunHerald today.  As have Ch9 Sunday news hour at about 8.35 refering to rescue on NZ highest mountain. Au contraire.

The slopes of Mt Sealy are as far away from Mt Cook as Bondi Beach is from the Opera House/Sydney CBD. They are both in Sydney but that's about it. It's like saying a person was rescued on Mt Kosciuszko because they were on Mt Franklin which is also 'in Mt Kosciuszko National Park'. It's like saying they were rescued on Everest when they were on the footslopes of basecamp ... .of K2. Are these folks in the Big Media living in a fantasy or what?

If they can't be trusted on this basic fact what else do they get wrong on much more serious domestic and geopolitical issues? God only knows.

To restate what every trained mountaineer in probably NZ or Australia, including the bushwalkers rescued, can tell you, and which makes Australia look like a laughing stock to the New Zealanders - Mt Sealy range on the Mueller Glacier is about 5 km south and west of Mount Cook Village (shown ambiguously as 'Mt Cook' in the SunHerald grahic - which is bullshit). Aoraki/Mt Cook is 7 km north of the Mt Cook Village.

Nothing here detracts from the excellent rescuers, or the good effort of the rescued to protect themselves with good survival measures when they realised they were in real trouble. The bitter cold and fatigue can be as dangerous as an avalanche. No need to vandalise the map of the Mount Cook National Park or invent the facts.

Here's a google earth with the relevant location labels in the story so far (just ignore the little squares which indicate photos available at that place): It looks like they went from the village (eg YHA) to the foothills north west to Mueller Hut, then south along the ridge lines or up Mueller Glacier to get to Barron Saddle Hut. The dominating mountain in this area is Mt Sealy. If they wanted to go to Mt Cook they would have had to go up Hooker Glacier, or another northerly valley or ridge route. Conclusion: It's not a Mt Cook story even if it's in Mt Cook NP:

Posted by editor at 9:34 AM NZT

Updated: Sunday, 17 August 2008 12:44 PM NZT

Share This Post

Post Comment | Permalink

Mood:  d'oh

It's no big deal but we have noted that both SBS tv (6pm promo)and Channel 9 (6pm news) have misreported the story of the rescue of the Sydney Bushwalkers putting it on "New Zealand's highest Mountain".

(It's bullshit - they were rescued on the slopes of Mt Sealy about 12 km south and west of Mt Cook, and to similarly rescued 5 km south and west of Mt Cook Village. Mt Cook is about 7 km NORTH of Mt Cook Village. Why the media even on Sunday morning press are persisting with this cliche and dishonesty is becoming quite a study for ABC Media Watch now.)

We missed Ch7 and 10 while out and about.

We flicked this email to Mountain Recreation at Wanaka and the principal Geof Wyatt responds as follows:

From: ecology action australia
Sent: Saturday, 16 August 2008 2:45 p.m.
To: mountainrec
Subject: Dear Mt Recreation

 You may be interested in this blog post with pics commenting on how far Mueller Glacier is from Mt Cook despite the press reportage here in Australia today that they were rescued "halfway up Mt Cook" at 1,800 metres:

 http://www.sydneyalternativemedia.com/blog/index.blog/1834556/rescued-australian-climbers-actually-12-km-south-of-mt-cook-unlucky-or-stupid/

 Glad they were rescued all the same. Interested to know what affect any climate change might be having as per this post too from a climbing festival in Blue Mountains in Sydney last year:

 

http://www.sydneyalternativemedia.com/blog/index.blog/1671145/australian-climbing-festival-gorgeous-risk-agreeable-people-on-a-full-diet-of-personal-exploration-friendship-humour/

 

Cheers Tom McLoughlin, editor SydneyAlternativeMedia.com/blog

 

tel. 0410 558838, 02-9558 9551

 (Summer school 1988-9 Mountain Recreation)

 PS who was the guide in those days? I've forgotten his name. dark hair, skinny fit as hell medium height. It wasn't Geof Wyatt on our course.

Sent: Saturday, August 16, 2008 5:12 PM

Subject: RE: Dear Mt Recreation

Agreed – media here doing it too. Brian Weedon was the likely Instructor/Giuide.

Rgds, Geoff w

 

Geoff Wayatt

Mountain Recreation Ltd

183 Warren St.PO Box 204, Wanaka, New Zealand

Ph/Fax (03) 443 7330  Geoff's Mob: 0274 344 786

www.mountainrec.co.nz

Posted by editor at 8:24 PM NZT

Updated: Sunday, 17 August 2008 11:18 AM NZT

Share This Post

Post Comment | Permalink

Mood:  accident prone

We took a walk up Hooker Glacier in 1989 in Mt Cook National Park north toward the awesome Mt Cook itself. This was after doing the moutaineering course with Geof Wyatt's climbing school at Mt Aspiring* National Park near Wanaka in another part of the New Zealand south island. Including a climb of Mt Aspiring soon after.

The reports in the press today refer to 6 lost Aussie climbers (more like trekkers?) "half way up Mt Cook" (p3 Sydney Daily Telegraph) in the vicinity of Metelille Glacier, travelling from Meuller Hut to Barron Saddle Hut.

Here are the Mt Cook Guidebook images showing these risky or unlucky 'climbers' are just outside the urban village on a grade 1 minus 'doddle'. That's on a scale of 1 to 7 in the guide book with 7 being hardest (though higher off the scale is said to be possible).

That's not to say dangerous weather can't be life threatening even close to home just like Thredbo here, but this is not an intrepid Mt Cook ascent adventure story. For a start Mt Cook is a good 12 kilometres north of here (based on the 1 km scale in the diagram above, at bottome right corner). At first we thought it was even more but realise that was just our very old memories of fatigue, apologies for any confusion.

Here are a few more revealing images regarding location and geography - all within the 'Mt Cook National Park' hence I suppose the confusion in the general media.

Posted by editor at 10:32 AM NZT

Updated: Saturday, 16 August 2008 1:56 PM NZT

Share This Post

Post Comment | Permalink

Mood:  chatty

The ABC in Sydney needs to review this segment giving a platform to the Establishment parties Labor and Coalition: Some thoughts:

- ABC charter for inclusive balance but 1/3 of voters who don't vote that way being shut out?

- 40% of voters in the NT didn't vote for either major party, in fact didn't vote

- Wendy Machin (ex National Party) got away with a grotesque assertion today that its 'easy to be popular as an independent' for lack of responsibility to actually govern. In reality Independents have very little money, don't get moral or financial support of Big Business, and usually sidelined by Big Media (this segment being a prime example on abc). Her Lab-Lib colleague John Brown who is known to help out Macquarie Bank at times (as per Dempster NSW Stateline) was quite silent at this point. It's a duopoly.

- Same radio slot Brown pushed his (likely correct) line about Downer - Liberal Party- knowledge of $300M bribery of Saddam, while completey ignoring his own Party of ALP federal Governmnet under Rudd endorsed Downer recently as UN envoy to Cyprus. A third independent voice would have been at him over that incongruity in a flash.

- The segment is indeed informative and valid and worthwhile but it needs to be reviewed to address the evolving 'segmentation' of politics and the very real 3rd layer wearing a completey different colour code - Niether ALP black, Liberal blue, National Party brown. Call it green, red, orange or whatever but it's not being heard on our ABC and it's not good enough.

 - Brown in particular spoke too long at times and ran the real risk of sounding condescending over female emancipation - here's the drill John - professional women don't really need your encouragement and they can be as ruthless meritorious or dishonest as the next politician. Practical example - Reba Meagher widely regarded as a failure in her health portfolio, is praised by Brown as "very bright" with a premiership baton in her handbag. No one who saw her  trembling and gibbering in front of Quentin Dempster about 12 months back would believe that - she was a wreck and quite out of her depth with potentially fatal consequences for people dependent on that health system. That's a 'third party' point of view anyway.

Posted by editor at 11:30 AM NZT

Updated: Monday, 11 August 2008 11:57 AM NZT

Share This Post

Post Comment | Permalink

Mood:  chatty

[under construction, more pics to follow]

Author’s general introductory note (skip this bit if you know this regular weekly column):

This is not a well packaged story. It’s a contemporaneous traverse of the Sunday television free to air political talkies indicating the agenda of Establishment interests: Better to know ones rivals and allies  in Big Politics and Big Media.

Indeed it’s the tv version monitoring task similar to what Nelson Mandela refers to here in his book Long Walk to Freedom (1994, Abacus) written in Robben Island prison (where he was meant to die like other African resister chiefs of history in the 19C), at page 208

“..newspapers are only a shadow of reality; their information is important to a freedom fighter not because it reveals the truth, but because it discloses the biases and perceptions of both those who produce the paper and those who read it.”

Just substitute ‘Sunday tv political talkie shows’ for "newspapers" in the quote above.

For actual transcripts and/or video feeds go to web sites quoted including Riley Diary on 7. And note transcripts don’t really give you the image content value.

Media backgrounders

There is some kind of event sponsored by fizzy drinks and other multinationals over in China.

High quality interview by ABC 702 Simon Marnie with Brett Solomon of Get Up over rolled gold censorship by Channel 7 at the opening ceremony coverage (of advert Australia Tibet Council and Get Up). Made me righteously angry to see our democracy insulted [compare 10 Meet The Press this morning which ran it] Solomon was tired and eloquent – a quality effort on his part.

Alan Ramsey does what he does best – memories of older Australia, a real tear jerker in the SMH yesterday.

The Sphere Laurie Oakes pushes a line in Saturday Tele, or does he, re Costello sticking around for mere entertainment value if nothing else. Likens him to failed PM Keating. Speaking of which I noticed Rex Conner’s understudy in this pic at bottom of this collage from The Dismissal of 11 Nov 1975.

Tim Blair is irrelevant in the same paper on page 103 yesterday. Good.

Woolworths lose the big Grocery Inquiry and are hiding behind innocent children in tv slots and GW colour supplement. Chinese dictatorship similarly hides innocent children of the world for the sentimental vote to hide their ruthless murderous human rights abuses. How many children oppressed? How many hungry children? There is no shame.

NT swing against the ALP echoes the Gippsland byelection swing. Stay tuned for big changes in govt policy towards the browns? Or the right wing? Or what?

Reba Meagher new squeeze is a media spinner.

NRMA sprung for $225K undeclared political donations? Alan Evans on $300K a year – rich folks cooking and fixing society p15 Sun Herald Sydney.

Profound picture of chick magnet Sonny Bill Williams in bruvverly solidarity with Anthony Mundine – Mohomad Ali replay – the story is emancipation.

Paul Gilding is talking his book in the business and conservative press for Ecos Corporation.

Conservative press still tying itself in knots over climate change policy realities – big play is Geof Carmody founder of Access Economics, on Doogue Radio National yesterday along with Baker & McKenzie guy, big splash by Paul Kelly in The Oz pushing his line too, and Greg Sheridan. (Thesis is about tax consumption not exports. That is try and delink our economic satellite status as supplier to big developing industrial countries like China and India, but also to Japan which is a bigger customer again.) Other commentators desperate to be heard in The Australian like Dr Strangelove – Ziggy Switkowski. Others are Bjorn Lomborg, sophist editorials

Exxon Mobil breaks it’s own profit record in second quarter of US$11.68 profit.

Smoker and master of condescension Roger Wilkins in personal profile 8 Aug 08 The Oz p33 - 2nd last paragraph Carr praises Wilkins driving 2002 'tort reforms' which actually gave insurance industry a windfall and hurt working people as judges and academics well know. Says it all really.

Solicitor prosecuted for allegedly promoting phoenix companies to avoid legal obligations - likely to see more of this trickey as the two speed economy kicks in.

Organic food sector is growing Aug 9-10 Australian p37.

Pulled an editorial attacking unions by same newspaper constantly ignoring coverage of union awards (high numbers) for membership (relatively low).

Asa Wahlquist The Oz  decries political failure on protecting the Murray Darling – no Labor votes in it is my cynical view – they want to trash the National/Country Party.

Black developer Gerhardt Pearson looking fat like his famous brother Noel Pearson up Cape York way as Qld Govt makes a deal with traditional owners and urban environment groups like ACF and The Wilderness Society. No accident this is after Howard Govt and Mal Brough have been turfed from Parliament..

Paul Keating talks his book (?) on increasing super on 7.30 Report and The Oz full of puffery about 15%

Airline boss says high oil price of $145 a barrel will put 25% if carriers out of business in 12 months – bring it on!

Phillip Ruddock ex A-G and ex Immigration Minister is getting quietly sledged and trashed in many different sections of the Big Media.

Reactor leak at Lucas Heights in dodgy brothers.

Iemma incredibly does a forest PR line on Millers Point via SMH yesterday – what about Eden Chipmill 2,500 trees killed every day.

Imre Saluszinsky gets it wrong back page of last week’s weekend’s Rear View  about NSW Power public ownership – says it’s a battle between unions and Parliamentary party. No – it’s a battle between People with unions as their proxy versus Big Business with craven MP’s on donation drip as their proxy. Repeats hoary chestnut about low membership when it’s high coverage by union awards that really counts.

Weird story in Sun Herald about crippled sports shooter – killed 60 feral animals with absolutely no scientificly valid reason to claim “conservation” benefit. Even worse says he gets others to flush animals out for him to shoot – safety anyone? This is govt gone mad. They should be thrown out.

Rob Oakshot talks up the Green economy in the NSW seat of Lynne. After NT lets see.

Geof Gallup on Doogue agrees environment is a “narrative” both sides should improve on [refer stuffed Insiders scheduling today, below]

10 Meet the Press:  8- 8-30 am

Chris Bowen re grocery inquiry. Press round up – Georgia – Russian war over South Ossetia. Press round up

Bowen excuses NT result – not a federal related result. “Very dangerous” might be the word but not the way he means. On groceries – leads on planning laws.

First adbreak Get Up and Australia Tibet Council advert for Beijing Olympics – strong.

Panel is Jennifer Hewitt and Mal Farr. 2^nd guest is Olympic stager Konrads talking up the apolitical brand. All circus rubbish.

Meet The Press - Watch Political Video Online - Channel TEN.

Riley Diary 7, 8.35 am

After the Olympics.

http://www.seven.com.au/sunrise/weekend

Insiders 2: 9- 10am

Press roundup with panel Lenore Taylor, Fran Kelly, Piers Akerman. Rudd pic front page with Opals women basketball – but he looks like a wanker to me.

Guest is Julia Gillard. In person as Melb based. Not a fan of “narrative” term.

Bangs drum on work choices. BC skips NT result? Skips Costello leadership? Prefers grocery watch.

Everyperson young mothers re grocery prices.

Kelly says Rudd “misled” electorate about shopping prices. System not one of gross exploitation “at all”. [All these rich folks are totally unqualified on this subject.] Rudd in picfacs in Beijing – enjoying himself, exploiting it.

Talking pictures with Minister for Sport  Kate Ellis – charming, youthful, any good as a minister or just decoration as ‘the silver lining’ in 2004 election? Who would know from this segment.

After mostly dross finally talk about lower lakes salt water ‘solution’ to the Murray. Peirs Akerman says there is enough water to release, can buy back water rights as per ACF plan.

Topic greatly guillotined should have been much higher, weighty coverage. Fran Kelly predicts major problem for govt if lower lakes die. Taylor says govt does need a narrative (exactly – like green economy as per Rob Oakshot piece?).

Akerman makes a curious prediction with meaning Quentin Bryce can’t be leading while she is being investigated – meaning what scandal from Qld is new Governor General at risk from?

[Here it is, long running Heiner scandal – Akerman story back of today’s Sydney print copy of the Sydney Sunday Telegraph and online:

Mr Lindeberg said in his letter that the Australian Constitution vested reserve powers in the Governor-General, including the right to dismiss a prime minister or minister who acts unlawfully.

 

He said those holding the office of Governor-General must do so without any suspicion that their integrity might be in doubt as sufficing to impinge on their capacity to exercise those reserve powers impartially.

 

The exercise of those reserve powers may be brought into jeopardy after September 5, he claimed, unless the Heiner affair is properly resolved.

 

A spokesman for the Governor-General would not tell The Sunday Telegraph how the investigation into the Heiner affair was being conducted.10 August 2008 12:00am Heiner affair shadows Bryce | The Daily Telegraph 

 Home page is http://www.abc.net.au/insiders/

9 Sunday 7.30 – 9.30 am

Finished forever replaced by Maxwell Smart adverts? Laurie Oakes interview still on with reporter from 60 Minutes namely Tara Brown with a Bladerunner haircut.

LO with Foreign Minister Steven Smith – re South Ossetia etc softly spoken boring safe etc. Jim Hacker with a make over? All very important issues where safe is likely good. After Iraq especially.

NT election result – “tide turning against the ALP”.

http://sunday.ninemsn.com.au/sunday/default.asp

Posted by editor at 12:17 PM NZT

Updated: Monday, 11 August 2008 12:03 PM NZT

Share This Post

Post Comment | Permalink

Mood:  sharp

(a)  prohibiting bulk tanker exports of water and

(b) rehabilitation of the natural waterway.

(a) council lawyers of additional evidence available to them;

(b) local community stakeholders concerned about the issue;

(c) other non govt groups concerned about sustainable food production close to Sydney.

1.Council's report of 5 Feb 2008 doesn't address a suggestive letter by DWE officer De Silva dated 10 Dec 2007 to the GM of GCC that CCA has not been carried out to the 66ML/YR level as required by Moore C in 2005. This letter is attached to the David Kettle/CCA Reply to Statement of Facts and Contentions filed in the court pleadings dated 23 May 2008.

DWE/De Silva writes [bold added]:

"The report [by CCA consultant] states that a volume of forty four (44) megalitres of groundwater was extracted during the trial period though the Land and Environment Court's Determination allow the licence holder to extract up to 66 Megalitres a year during two year trial period."

2. Despite this tip off from DWE/De Silva at point 1, Council officers' report 5 Feb 08 failed to address whether the 44 ML rate of pumping legally complied the trial term. Yet the Council was squarely on notice of non compliance with the consent condition;

3. Council's main report 5 Feb 2008 (reversed 7 days later) has another serious omission - it does not cross refer or indicate consultation with the chief hydro-geologist for Gosford Wyong Water Authority. By contrast the local water authority is quoted extensively in the Council report dated 14 April 2005 around page 9 considering the original application for 66 ML/YR which was refused by Councillors. The Water Authority advice was adverse to CCA in 2005 and likely to be so again in 2008;

4. A reasonable observer would be surprised that council's officers reversed their recommendation in another report after only 7 days to recommend refusal for non compliance with the trial.

5. In that refusal of 12 Feb 2008, an express resolution reads:

D. The objectors be advised if the applicant appeals to the Land and Environment Court.

This was not done. The GM - Peter Wilson - writes to Diamond dated 6 May 2008 that this was "an oversight". The problem with this generous interpretation is that the lawyers for CCA and GCC were sufficiently alert to the potential of a third party objector joining the proceedings (as happened in litigation in previous years) to file jointly signed "Short Minutes of Order" drafted by Donnellan & Co  filed in the court on 17 April 2008 agreeing to the CCA preferred single parties expert (Anthony Lane from Melbourne by clause 3), and seeking to exclude any other expert opinion from say an objector 3rd party in the future. For instance clause 8 of the Order co-signed by lawyers for both parties reads:

"If the Court has ordered that a parties' single expert address any issue, no expert report addressing the same issue other than the report of the parties' single expert may be relied upon at the hearing, without leave."

In other words the lawyers were careful to shut the gate on third party objectors by first not notifying them, then ramming their own preferred expert in place. It was well understood local objectors did not have confidence in expert Anthony Lane based in Melbourne, having travelled with and relied on CCA's Dr Beck for analysis in 2006 litigation. He wasn't trusted. Objectors wanted a hydro geologist expert based in NSW with experience of the complexity of Sydney Sandstone aquifers. Pain J echoes the same concern by her judgement of 4 July 2008 that

"a Sydney expert rather than one based in Melbourne would have been preferable" (at page 2 of the decision).

This context and extensive litigation history including local feeling against Lane suggests that council officers avoided notifying objectors to lock in the CCA preferred expert before the choice could be contested by any local objector third party in the litigation. If this was a deliberate breach of the council resolution and/or aid to CCA then it would be a breach of council's code of conduct and potentially ICAC guidelines.

5A. The "Agreed brief" to the single parties' expert Lane is very narrow (described in Lane's 18/7/08 report at page  2) and very tendentious of an approval to CCA:

To assess whether the hydrogeological monitoring data supplied since March 2006 provides sufficient evidence to make the 66ML licence permanent including determining whether the impact of removing 66ML can be extrapolated from the supplied data, and whether the data supports such the [sic] permanent increase."

The brief should have included in line with Council's refusal decision more about:

Is the missing summer 2005-06 data for that high use dry period a problem for CCA?  Has the trial actually been implemented at 66ML/YR level as per the terms of Moore C. 2005 decision given DWE say it hasn't? Is the trial indeterminate in light of fast changing climate change evidence and the precautionary principle? What does the local water authority advise with their local hydro geological expertise? Has the Peats Ridge area already been seriously over allocated due to other extensive unlicensed water users? Is there any study available of rainfall recharge rate to base a measure of sustainable water extraction? [no] Are there Sydney Sandstone expert hydro geologists like Adjunct Professor Brian Marshall or Chris Jewell based in Sydney who have alternative theories of narrow semi confined aquifers of much less available volume?

6. The legal officer Alan Ford is responsible for instructing council's solicitor Robert Byrd of Donnellan & Co (as confirmed by Mr Byrd at the LEC on two different ocassions 4th and 29th July 2008 to Diamond  pers. comm.). The problem here is that GCC it's own external auditor's report by consultant Alan Delaney of Internal Audit Bureau. We are advised by sources within Council that this IAB report addressing all issues around GCC management of the Pace/Coca Cola Amatil Peats Ridge Springs site over the years may/may not be adverse to Ford. If IAB is adverse and this is known to Ford/and (or others in GCC), they would be obliged under Council's Code of Conduct to disqualify the relevant officers including themselves from giving instructions in this matter. The fact council keeps the IAB report under wraps has crueled the community's confidence in the situation.

7. Council's lawyers - in what appears direct contradiction of the decision of Councillors to refuse the CCA 

s.96AA application - vigorously opposed the community based Intervenor Diamond at every turn in our notice of motion first to the Registrar and then before Justice Pain. They similarly argued against our suggested new conditions being applied to CCA about ban of bulk tankers or rehabilitation of the water way. We are left to ask the GM on whose instructions and on what basis was this opposition against a third party objector? Why did GCC's lawyers echo CCA's opposition? We believe this aggressive opposition to us given we were moving with the goodwill of community objectors has greatly damaged the trust of the community stakeholders. This greatly under cuts the Councillors sincere solidarity with objectors. Why is there such a disjunction from the elected representatives to the staff implementation? This bares much more scrutiny.

8. There has been some serious omission of documents for consideration by the single party expert Lane. For instance 

(a) there was no intention to provide perhaps the most comprehensive report to date being the Alkhatib-Merrick (UTS) Report of Nov 2006 until we submitted this in our list to the court and other parties. The report features significantly in the Lane report; 

(b) A CSIRO study of drought frequency increasing from 1 in 20 to 1 in every 2 years released in early July 2008 was ignored. We do not have the CSIRO research report but with Council's help it could have been obtained for this case as to the precautionary principle: More here 6 July 2008 Climate change fuelling drought - CSIRO | NEWS.com.au

(c) Similarly a meteorologist report of May 2008 verifying this was the driest month ever on record was also rejected. As here: 31 May 2008 Weather News - Driest May on record for Sydney - Weatherzone

(d) Similarly expert advice of retired adjunct professor in hydro geology Dr Brian Marshall was rejected. Marshall in particular has a compelling explanation of why complex semi confined narrow multiple aquifers in Sydney Sandstone are much more constrained in volume than has been acknowledged to date by CCA or its preferred experts (or indeed others on Mangrove Mountain). 

This willful blindness evidenced by the letter of Byrd/GCC to Intervenor of 18 July 2008 rejecting these materials was very puzzling and suggests a biased attitude; To quote Mr Byrd as GCC's lawyer:

We refer to the documents submitted to us by email and web link on 15 July 2008.  We advise that our instructions from Council are that whilst Council considered the documents would not be of great relevance or assistance to the parties’ single expert, that Council would not oppose these documents being submitted.    As you are aware, however, Mr Lane is a joint expert whose costs are being met by both parties and we, therefore, must also have the consent of Coca Cola to the provision of the documents.

 

We are advised by Coca Cola that due to the lack of relevance and the additional time factor that the submission of these documents will involve, that they oppose the provision of them to Mr Lane.  We will, therefore, not be submitting the documents to Mr Lane for his consideration. 

 

We note that we have also received a number of links to other documents since that date.  A number of these documents were links to newspaper articles.  It is our view that newspaper articles are not of a sufficient quality of document to submit to the expert.  Such articles are second hand accounts of matters and include interpretation by the journalist and we are, therefore, of the opinion that it is not appropriate for these to be forwarded. 

 

In relation to the further documents submitted today, we are again of the opinion that the documents are not directly relevant to the parties’ single expert’s role in these proceedings.  Some of the documents contain general information and information regarding the aquifer system in the Blue Mountains.  It must always be remembered that Mr Lane is a highly qualified expert in his field and it should, therefore, be assumed that he has an awareness of the general issues and the background in his area.  There is also, of course, an issue of time in relation to these documents. 

9. Of special concern was rejection of evidence in 'the Green Folder' of documentation which had gone missing for 2 years after being in the hands of Donnellan & Co in late 2005 (wrongly provided to them by the court Registry). We relocated the folder after complaint to the Judicial Commission of NSW. Council's lawyers declined to provide any material in this folder including scientific study by Margaret Pontifix of lost groundwater dependent flora, and several colour aerial photos over the last 20 years which Lane himself had requested in the 2006 litigation/site inspection. Strange given that we are advised that it was this folder that caused Moore C in the hearing of Sept 2005 to remark from the bench to the effect of:

'Your community evidence makes me concerned/hesitant to approve this without a trial. I'll have to think about this some more'

Further we are advised that Moore C took possession of the Green Folder from Pontifix giving her evidence in the court. Further we are advised that barrister for Coca Cola Amatil - Mr Tomasetti was most concerned about the folder of evidence. It was then returned after judgement late 2005 by mistake with other exhibits to Donnellan & Co and then went missing in the court archive for 2 years. It was always clear who owned the folder from it's contents, and it should have been returned to Pontifix back in late 2005, early 2006.

10. Solicitor Byrd has advised Diamond in the precincts of the Court he has no intention of calling any representative of the DWE to explain how they assessed CCA should have a permanent 66 ML/YR extraction when it is clear that the whole Mangrove Mountain is over allocated and no other land holder has been given an increase comparable despite applications since 2005. Even Moore C said in the pivotal 2005 hearing the relevant State Dept should be called;

11. Solicitor Byrd has always been agnostic and deferred to Coca Cola in failing to support extra time to comply with the very demanding court timetable on the Intervenor in order to collate our evidence and submissions while holding down a full time job elsewhere. At one point the Green Folder was discovered and another box of documents 2 feet thick had to be processed in 7 days. This was oppressive and the Intervenor's agent lost 2 weeks paid employment to undertake the task. The truth is we were never meant to get across the material or influence proceedings and were being treated like Banquo's ghost through the whole proceedings. So much for the people's court, or the public interest under s.38 of the Land & Environment Court Act.

12. We understand that draft conditions by consent wtih Coca Cola have already been drawn up by GCC lawyers, though these are not on the court file as yet. We are advised these have been provided by solicitor Robert Byrd to local objector Peter Campbell (6 August 2008) and that these draft conditions capitulate to CCA pre emptively by accepting an approval by the court in favour of CCA prior to the hearing;

13. In the court on Friday 4 July 2008  barrister for Council Matthew Fraser undertook to supply the 170 page expert report by Alkhatib and Merrick of Nov 2006 by the following Monday 7 July 2008 to the expert Lane to consider. The 'Merrick Report' was known to be adverse to CCA's case in that it finds an over allocation of water at Mangrove Mountain generally suggestiing a permanent 66ML/YR extraction was unwise (as per local press early 2006). Lane was due to report by 21 July 2008 so haste was in order to receive such a substantial report. Yet Lane admits (at page 11 "Although I have not had time to review the report in detail (it was received on 14 July 2008) ...."  in his 18 July 08 with 4 only days to analyse it. Adjunct Professor Marshall has indicated to us a proper consideration would take much longer than 4 days. Lane effectively admits in his final report he didn't have enough time to properly study it. 

Lane had twice postponed his availability to do this expert report. On the third deadline in this rush Lane admits (at page 5 of his report under heading "3.3 CONSULTATION") that he discussed interpretation of the report with one of two authors, Merrick, directly verbally before signing off on his report on 18 July 2008, even though Merrick is not a hydro geologist at all:

"I have consulted with Dr Noel Merrick of UTS , co-author of the report "Groundwater Simulation and Optimisation Modelling of the Kulnura-Mangrove Mountain Aquifer Systems" November 2006, in relation to interpretation of sustainable resource in the area. The report seemed to infer the sustainable resource had been over estimated by the Kulnura Mangrove Mountain Water Sharing Plan (KMM-SWP".

Merrick according to Lane sought to retreat from the findings of his Nov 2006 report and Lane adopts a 30% stream baseflow reduction of local waterways instead of 10% as per the UTS study of Nov 2006. Lane has thus effectively compromised the independence of his report because he may not have known

- that since the Nov 2006 Report Dr Merrick has proposed a joint project to be financed by CCA to carry out studies in Peats Ridge area (Yvonne McKay/Coca Cola email letter to Margaret Pontifix/MMDCG dated 1 May 2007 - see attached): A clear potential financial conflict of interest on Merrick, and not an independent source of advice for Lane.

- that Merrick is not a hydrologist by training but a computer modeller only who cannot advise on the critical question of increased baseflow extraction from 10% to 30% that Lane relies on Merrick for. There is no environmental assessment of a 30% reduction in stream baseflow, which is huge reduction.

14. Currently both GCC's lawyer and CCA both oppose the Intervenor having copy access (as distinct from read access which we have) to the court file in order to properly prepare for the court hearing. CCA might be expected to be hostile. But why GCC's lawyer?

15. Most recently Robert Byrd as lawyer for GCC has advised the wrong dates in writing of the site inspection and hearing dates to the numerous objectors. This could well have the effect of dampening the attendance and therefore evidence of public interest and concern in this case if not promptly corrected. We have written to Mr Byrd to request such a correction and re-issue of the letter on 5 August 2008 (as per Attachment 1 below)

1. remove any staff member who is compromised from any involvement or participation in progressing this litigation or similar in the future, and especially excluded from any role in giving instructions to Council's lawyers;

2. Council direct it's lawyers to consider the content of the Outline of Submissions on behalf of the Intervenor Diamond otherwise outside the scope of the ruling of Pain J - that can help Gosford CC actually win the case. We refer especially the perceived financial conflict of interest of Dr Merrick, a computer modeller, on whom parties single expert Lane relies ;

3. Council instruct it's lawyers, especially barrister Fraser to vigorously cross examine expert Lane on his bogus and/or rushed assumptions and reliance on verbal advice of Merrick with his potential financial conflict of interest;

4. Refer this correspondence to the external auditor IAB for a follow up report;

5. Council's lawyers be instructed to withdraw any draft approval conditions by consent until the case is actually contested;

6. Release the secretive IAB report commissioned by Gosford City Council already completed so that it's contents can be considered by the electors of Gosford according to normal democratic principles;

Posted by editor at 5:08 PM NZT

Share This Post

Post Comment | Permalink

Mood:  a-ok

Picture:  Huge sandmine hole next to Wollemi World Heritage national park on one side and Yengo NP/McDonald Wilderness on the other, 40 km west of Sydney next to the Singleton Road. The sand "pulled out" goes into the ALP controlled construction sector. The mine by Birdon Contracting Pty Ltd was illegal 1986-96 then given retrospective approval by Hawkesbury River Shire Council, and proceeded without valid development consent from 1996-2007 according to Environmental Defenders Office written legal advice. It is due for takeover by Adelaide Brighton Pty Ltd and most likely will be expanded to 270 ha and approved by Minister Frank Sartor in due course. It is killing the water flow in Tinda Creek into Wollemi natural heritage area. There is no real restoration of these huge sand mine sites. They are usually left as quicksand slurry pits (called 'lake' in the spin). Photo by SAM editor 14th March 2007.

SAM's editor has been assisting an objector take legal action against the above sandmine. Hawkesbury City Council got a rude letter recently from lawyer for the sandmine which reads in part:

and also here and note paragraph 6

However the business paper for council meeting of 29 July 2008 with a 40 page report and answers to questions on notice from Greens Councillor Leigh Williams has the following recommendations by the officers:

Recommendation:

That:

1.The application under s.96 .... be refused as, due to non-compliance with Condition 4 of the original consent, the consent has lapsed and Council is unable to consider the application.

2. A Notice of Intention to serve an Order be issued on the operator to cease operations due to there being no current consent for the operation. [etc]

If a majority of councillors were flirting with approving the sandmine's extension for another 1.3 million tonnes of sand regardless of the officer's report (which has been rumoured), then this 3 page fax received mid afternoon the same day gave them pause:

 

The council on their own legal advice decided to defer the whole matter until deliberation of the Land & Environment Court.

At these proceedings an affidavit of some 150 pages of evidence will be considered as per the front page here filed and served at the council meeting on the council and the operator Birdon Contracting Pty Ltd, prepared by community objector Diamond, complete with corrections and edits. Adelaide Brighton Cement as the purchaser might be in for a long wait yet.

 

 

 

 

 

Posted by editor at 4:51 PM NZT

Updated: Tuesday, 26 August 2008 2:04 PM NZT

Share This Post

Post Comment | Permalink