Witnesses who speak out about the unrest in February will do so at their own risk, says clerk Rosemary Laing, who also raised concerns regarding the potential for threats from detainees and contractors.
In a letter to the Senate Committee on Legal and Constitutional Affairs dated March 21, Ms Laing said the government would not be able to protect witnesses outside Australia, even if they were to receive threats over their testimony.
She said witnesses would have to depend on the protection offered by the Papua New Guinea Government and authorities in other countries.
“The witnesses would rely on the law of Papua New Guinea to protect them against any adverse consequences of their giving evidence and of the content of their evidence,” she said.
“The committee could seek some assurance from the Papua New Guinea government that it would not treat any witnesses adversely in consequence of their evidence. Whether such an undertaking could effectively protect witnesses against any adverse action by other persons, for example, other detainees, contractors at the detention centre or local people, is another question.”
Ms Laing outlined further difficulties with the inquiry, including the government’s inability to take action on false evidence or threats to witnesses.
“The committee and the Senate would not be able to take any action against any witnesses if they committed any breach of the rules of the Senate,” she said.
“For example, if a witness were to give false evidence or threaten another witness, they would be beyond the reach of the Senate for any remedy, unless they subsequently come to Australia.”
The inquiry will attempt to establish the facts of the violent riots in February, which resulted in the death of Iranian asylum seeker Reza Berati and injured dozens more.
It will also investigate the involvement of contractors, subcontractors, service providers, local police and civilians.
