Paul Pluta and Queensland Rail Thread

[Fattious]

I've been looking at the daily law lists since Tuesday and haven't seen it listed, possibly hasn't been heard yet.

[ozbob]

https://twitter.com/Robert_Dow/status/974745444805832704

Couriermail 17th March 2017 page 15

Cops out on rail fail paper trail

[ozbob]

https://twitter.com/Robert_Dow/status/974892587130634240

[ozbob]

Couriermail -->'Rail fail' whistleblower visited by police after CCC bungle

A PAPERWORK bungle involving the Crime and Corruption Commission has drawn police to the doorstep, three times in a fortnight, of the man who exposed the 2016 rail fail.

Professional YouTuber and self-described rail advocate Paul Pluta, 45, was earlier this month charged over releasing a confidential document relating to "star chamber" hearing.

The CCC has been investigating the leaking of high-level Queensland Rail documents that in 2016 left the Palaszczuk Government red faced over being kept in the dark about a chronic train driver shortage that sent the rail network into meltdown.

Pluta was charged by the CCC early this month with releasing a confidential document last June — an offence that carries a one-year-maximum jail sentence.

He is accused of telling another person of having attended a "directed interview" at the CCC.

But the case stalled when the charge was unexpectedly struck out at court on Wednesday.

Pluta said he turned up to the Magistrates Court to be told no paperwork had been lodged.

A CCC spokesman yesterday said the charge was "discontinued by the Prosecutor for an administrative reason, not due to the substance of the allegation."

The CCC expects to charge the subject of the investigation in the near future," he said.

Two detectives, a senior sergeant and sergeant, arrived at Pluta's home in the outer western Brisbane suburb of Jamboree Heights to reissue a notice to appear at court on April 8 on the same charge.

The apologetic detectives were back at Pluta's house for a third visit yesterday afternoon after it was pointed out to the CCC by The Courier-Mail that April 8 was a Sunday and the court would be closed. A third notice was issued for Pluta to appear on April 11.

Pluta said he had had a few celebratory drinks on Thursday night when told the charge had been struck out, only to awake to officers charging him with the same offence the next day.

"It's just wasting my time and costs a lot of money," Pluta said yesterday.

Pluta has publicly taken responsibility for releasing the damaging QR documents.

One document revealed QR was warned almost two years earlier of the problems, but Transport Minister Stirling Hinchliffe only learned of its existence after it was leaked to Pluta.

The crisis forced the resignations of Mr Hinchliffe and several QR executives and staff.

Pluta has labelled the CCC charge as "payback" for embarrassing the Government.

"I have revealed major inefficiencies. I have revealed gross incompetence," he said.

"I've made them look silly. They are coming after me with a petty administrative rule."

A CCC spokesman said the paperwork had been filed with the Department of Justice and Attorney-General and it was trying to establish why it was not transferred to the courts.

[ozbob]

[BrizCommuter]

So he's not in prison yet then?

[ArchieLuxury]

BE VERY CAREFUL IF YOU WANT TO BLOW THE WHISTLE........

https://www.youtube.com/watch?v=H_rEse2lsqM]https://www.youtube.com/watch?v=H_rEse2lsqM



http://www.abc.net.au/news/2018-06-26/inside-qld-corruption-watchdog-secretive-star-chamber/9894948

http://www.abc.net.au/news/2018-06-25/paul-pluta/9900346

[ArchieLuxury]

QR uses the CCC to silence anyone who makes a stink...... even if QR is the stink..... 



https://www.youtube.com/watch?v=a0JjKwikuik

https://www.youtube.com/watch?v=H_rEse2lsqM

[Fares_Fair]

https://twitter.com/Jeffrey_Addison/status/1011455571466207233?

[#Metro]

QR uses the CCC to silence anyone who makes a stink...... even if QR is the stink.....

Observation: CCC and "star chamber" would probably not be involved if QR was a private contractor.

CCC's jurisdiction is public sector only.

[Fares_Fair]

What part of this charter did #PaulPluta (@archieluxuryy) breach? https://t.co/XhfwO124GH

[#Metro]

If Queensland Rail was a private operator, would they have access to the CCC's state powers? Doubt it.

[Fares_Fair]

So he's not in prison yet then?

Trial set for early October.
Good RTI question.
Who requested the Crime and Corruption Commission to bring in Paul Pluta, a QR whistle-blower, before the CCC star-chamber?
It was an abuse of process.
It appears to be a vengeful response to Government embarrassment.
This is not organised crime, nor a heinous crime.
The CCC is being used for political payback.

[Fares_Fair]

Breaking..MAGISTRATES COURT NEWS

#QR whistle-blower #PaulPluta goes to #trial tomorrow Monday 8 October at 9am.

#CCC prosecution to go ahead.
A travesty of #justice.
He should never have been 'star-chambered' for embarrassing the Govt.

[Fares_Fair]

PRESS RELEASE by Paul Pluta

"My case against the CCC was dismissed today in the Brisbane Magistrates Court.  The prosecution offered no evidence against me.

I would like to thank my Barrister Levente Jurth for his excellent work.

I would also like to warn people about the dangers of being a whistle blower.  In the state of Queensland free speech only applies to things that support the government.   If you upset the government and make a minister look bad they will pursue you with petty and administrative rules."



I'm elated. Justice exists 😁

[Fattious]

Paul was interviewed today with Steve Austin, listen for it later this afternoon on ABC Brisbane.

[Fares_Fair]

Cheers Fattious
5pm's the go.

[ozbob]

I will try to chase down the interview tomorrow, meanwhile ..

Brisbanetimes --> CCC charge against controversial rail advocate dismissed

The case against rail advocate and controversial YouTuber Paul Pluta has been dismissed.

The charge was understood to relate to Mr Pluta's required appearance at a Crime and Corruption  Commission "star chamber" hearing related to Queensland Rail leaks.

It was alleged Mr Pluta told another person about his appearance for a secret interview in relation to a CCC investigation.

However, a charge of disclosure of a confidential document was dismissed in the Brisbane Magistrates Court on Monday morning after an application for an adjournment was refused.

The offence carries a penalty of up to one year in jail.

Mr Pluta, who never worked for Queensland Rail, has been an outspoken critic of the rail operator, and has previously spoken about leaking information obtained from sources.

"I don't work for Queensland Rail so I can leak what I like," he told Fairfax Media in December 2016.

Mr Pluta previously made headlines after he obtained a report prepared by consultants Indec, which warned of train crew shortage in a draft report in January 2016, well-ahead of rolling cancellations which began in October 2016.

Mr Pluta said he wanted to warn people about the dangers of being a whistleblower.

However, a CCC spokesman has previously said the body did not discourage people from making public interest disclosures.

"It is committed to the objectives of the Public Interest Disclosure Act 2010, and to the protections it provides for those who make public interest disclosures contained within that act and other legislation," he said.

[ozbob]

Interview on ABC Radio Brisbane Drive Steve Austin with Rail Advocate Paul Pluta

Subject: Matters concerning #railfail and CCC

Here > https://backontrack.org/docs/abcbris/abcbris_pp8oct18.mp3 MP3 19.5MB

[ozbob]

https://twitter.com/railbotforum/status/1049412681965289472

[ozbob]

[ozbob]

10th October 2018

PRESS RELEASE FROM RAIL ADVOCATE PAUL PLUTA

My case against the CCC was dismissed on Monday the 8th of October in the Brisbane Magistrates Court.
The prosecution offered no evidence against me.

I would like to thank my Barrister Levente Jurth for his excellent work.

I would also like to warn people about the dangers of being a whistle blower.  In the state of Queensland free speech only applies to things that support the government.  If you upset the government and make a minister look bad they will pursue you with petty and administrative rules.

I am available for interviews and followup comments.

Please feel free to phone me (please be aware the CCC may be monitoring/bugging my phone).

[Fattious]

As of around 4 weeks ago Paul had been publishing to a different channel called Queensland Rail Fail.

The channel is here : https://m.youtube.com/channel/UC9fVCe0jN1NeDe31KsBUtZw/videos?flow=list&view=0&sort=dd

[#Metro]

Check out the star chamber https://youtu.be/ySBkeB3ttSg

[ArchieLuxury]

PCCC slams CCC over Pluta matter - 19 October 2018 Qld Parliament House
https://www.youtube.com/watch?v=8yoCHMMQ76U&feature=youtu.be

[ArchieLuxury]

Disclosing confidential document charge against Paul Pluta dropped

[achiruel]

QR uses the CCC to silence anyone who makes a stink...... even if QR is the stink.....

Observation: CCC and "star chamber" would probably not be involved if QR was a private contractor.

CCC's jurisdiction is public sector only.

Any contract between the Government and a private operator could also be subject to CCC jurisdiction.

[#Metro]

Any contract between the Government and a private operator could also be subject to CCC jurisdiction.

I'm not a lawyer, but we can still have a look...

The contract and tendering might be, as that involves public employees.

However, subsequent information created and held by the private contractor about its normal activities (e.g. staffing forecasts) might not be.

If we look at the section 'Confidential Information' on the CCC website (not legislation, bolding added):
http://www.ccc.qld.gov.au/research-and-publications/publications/ccc/confidential-information-paper.pdf

Improper use of confidential information occurs when an employee of a public
sector agency accesses information held by the agency not to perform their normal
lawful duties but rather for a private use and benefit, either for themselves or
another person.

For example, would Gold Coast Light Rail, or Surfside bus lines management or staff be considered public employees? Doubt it.

But someone employed at TransLink, QR or Brisbane Transport would seem to fit that definition.


From BrisbaneTimes reports:

It would be alleged he told another person about the CCC appearance for a directed interview in relation to an investigation undertaken by the CCC.

Mr Pluta, who did not work for the rail operator, had previously spoken out about leaking information, obtained from sources, about Queensland Rail issues.

CCC charges YouTube whistleblower over alleged star chamber offence
https://www.brisbanetimes.com.au/politics/queensland/ccc-charges-youtube-whistleblower-over-alleged-star-chamber-offence-20180302-p4z2k1.html

If we look at section 84(2), we can see that a notice to attend an interview may constitute a 'confidential document'.

Crime and Corruption Act (2001) https://www.legislation.qld.gov.au/view/pdf/2017-06-05/act-2001-069

Division 5 Confidential documents
84 Notice may be a confidential document

(1) A notice given by the chairperson under this part may provide
that it is a confidential document.

(2) A person must not disclose the existence of a confidential
document to anyone else, unless the person has a reasonable
excuse.

Maximum penalty—85 penalty units or 1 year's
imprisonment.

Paul Pluta is not a public sector employee. From the definition earlier, the CCC's interest thus appears to be, simply, identifying if public employees are allegedly involved.

In a private operator, there are no public employees, hence the doubt over whether that chain of events could even happen.

[achiruel]

Any contract between the Government and a private operator could also be subject to CCC jurisdiction.

The contract and tendering might be, as that involves public employees.

That's the bit I was referring to. For example, say the ALP got a $2 mil donation from XYZ Trains, and then proceeded to give them a contract to run the SEQ rail network. That's definitely something the CCC could investigate.

[ozbob]

Couriermail --> Disclosing confidential document charge against Paul Pluta dropped

PROSECUTORS have dropped a charge of disclosing a confidential document against a colourful YouTuber credited with exposing the 2016 Queensland "rail fail".

Police prosecutor Bill Heasley officially offered no evidence in the case against Paul Pluta, from Jamboree Heights, in the Brisbane Magistrates Court this morning.

Pluta was facing a charge of "disclosure of confidential documents", which was laid by the Crime and Corruption Commission. It carries a one-year-maximum jail sentence.

Senior Sergeant Heasley made the decision after his "star witness", former Queensland Rail chief financial officer Norman Moller failed to appear in court for today's scheduled hearing.

Snr Sgt Heasley told the court Moller had told authorities he was shown a document Pluta was prohibited from showing him. The document was shown to Moller by Pluta in a park, the court heard.

Snr Sgt Heasley unsuccessfully applied to Magistrate Noel Nunan, asking to adjourn the case to a later date, because Moller failed to come to court, and the prosecutor who was set to run the case was unable to be in court because she was ill.

Snr Sgt Heasley argued the adjournment should be granted because it was in the public interest for the Crime and Corruption Commission Act to be enforced.

Pluta's barrister Levente Jurth said Pluta's defence was that he has a "reasonable excuse" for showing the notice to Moller, because he was "seeking legal advice".

The court heard Moller was "uncooperative" with authorities.

[HappyTrainGuy]

Any contract between the Government and a private operator could also be subject to CCC jurisdiction.

The contract and tendering might be, as that involves public employees.

That's the bit I was referring to. For example, say the ALP got a $2 mil donation from XYZ Trains, and then proceeded to give them a contract to run the SEQ rail network. That's definitely something the CCC could investigate.

You are entering a contract minefield. Especially when contractor and confidentiality agreements are in them. And depending on the agreement signed by the employee they may not be classified as a public servant but as a contractor who has entered into an agreement with the provider contracted by the state government. Who do not have all of the same rights as a public servants. CCC have the power to investigate many things and there are tools for workers to report this however employees of the private operator have legal actions - usually around the breaking of confidentiality agreements. But so to do public servants.