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Attorney General John Quigley breaks silence on ‘silly little error’ in Palmer, McGowan defamation trial

Peter Law and Josh ZimmermanThe West Australian
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Attorney General John Quigley has apologised to Parliament for what he said was a ‘silly little error’ while giving evidence in the Federal Court.
Camera IconAttorney General John Quigley has apologised to Parliament for what he said was a ‘silly little error’ while giving evidence in the Federal Court. Credit: Danella Bevis/The West Australian

Attorney General John Quigley has apologised to Parliament for what he said was a “silly little error” while giving evidence in the Federal Court at Mark McGowan’s defamation trial with Clive Palmer.

Mr Quigley broke his silence one week after Justice Michael Lee said the court performance of the State’s first law office was “confused and confusing”, and he could not be relied upon as a witness.

Justice Lee said Mr Quigley — who requested a do-over to correct part of his testimony in the Sydney trial – “gave contradictory evidence” but rejected claims from lawyers for Mr Palmer that he had been intentionally misleading.

On the first day of Parliament since the winter break, the National-Liberal Opposition quoted the judgment as it ratcheted up calls for Mark McGowan to sack Mr Quigley over the episode.

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WA Attorney General John Quigley during question time at WA Parliament House.
Camera IconWA Attorney General John Quigley during question time at WA Parliament House. Credit: Danella Bevis/The West Australian

The Premier, however, again defended his colleague, saying Mr Quigley’s record of reform as A-G was “unsurpassed” and those in public life should not be sacked over “mistakes” and “errors”.

Asked by Nationals WA leader Mia Davies why he should keep his job, Mr Quigley told Question Time that Justice Lee had accepted he had made an “honest mistake”.

“I felt silly that I made an error under pressure. It was an honest error, and as soon as I had realised I had made this, I sought to correct it — I’m not perfect,” the A-G told Parliament.

He said his “silly error” was not an issue in the trial, that he “felt embarrassed” and offered an apology to the court and Parliament’s Legislative Assembly.

“When one makes an honest mistake, what should one do? Move immediately to correct it as soon as you realise that you’ve made an error, which is what I did,” Mr Quigley said.

“Of course, when we make errors we feel embarrassed, and I felt embarrassed that I made an error, and I apologise.”

Labor used its majority in the Legislative Assembly to defeat a matter of public interest moved by Ms Davies that called on the Premier to dismiss Mr Quigley from Cabinet.

“He is a liability to the Premier and to the people of Western Australia, and he needs to go, but instead of stepping back, the Attorney General is holding on for grim death,” Ms Davies said.

“Instead of showing leadership, the Premier is defending the indefensible. Historical loyalty, Premier, doesn’t cut it when there are so many other competent people in your backbench.”

In response, Mr McGowan attempted to turn the blowtorch back on the Opposition.

John Quigley, Attorney-General of Western Australia, arrive at Parliament House.
Camera IconJohn Quigley, Attorney-General of Western Australia, arrive at Parliament House. Credit: Daniel Wilkins/The West Australian

“If the Opposition is suggesting that every time — which appears to now be the standard — anyone makes a mistake in what they say they have to resign, well then you would have to resign every day,” he said.

“Every time you do a media interview, every time you come in this Parliament, you say something inaccurate, or you say something that’s incorrect ... none of us are perfect.”

Among the other Labor MPs to speak in defence of Mr Quigley was Finance and Aboriginal Affairs Minister Tony Buti, who has long been seen as Labor’s likely next A-G.

The corrected evidence related to the timing of when Mr Quigley became aware Mr Palmer had failed to register a damages award as part of an arbitration between the Queenslander and the WA Government over the latter’s refusal to assess his Balmoral South iron ore project.

That oversight created an opening for the McGowan Government to draft and rush legislation through Parliament that essentially killed off Mr Palmer’s right to pursue up to $30 billion in damages over the project.

Mr Quigley initially told the court he only became aware of Mr Palmer’s failure to register the award on August 12 or 13 – after Cabinet had approved the unprecedented Bill.

A month later, he conceded he had actually known about the oversight prior to the Cabinet meeting, blaming a failure of memory for the mistake, which came at a time when he was under “a lot of pressure”.

Earlier, Mr Quigley blanked reporters outside Parliament who attempted to quiz him about the proceedings and their fallout.

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