Adjudication No. 1298  (adjudicated September 2005)

The Australian Press Council has dismissed a complaint from former Perth City Councillor Vincent Tan against The West Australian for articles published in the Inside Cover column on 4 April and 10 May 2005.

The 4 April article headed Loose end can be tied up carried a head shot of Mr Tan and referred to evidence given before a Corruption and Crime Commission [CCC] hearing into the activities of Graham Burkett, a Western Australian Government minister's chief of staff. This was to the effect that a list of phone numbers found in Mr Burkett's wallet contained the names of two men with criminal backgrounds and that Mr Burkett said he thought Vincent Tan was also on the list.

Mr Tan complained that the use of his name in this context was no more than an attempt to discredit him based on nothing substantial. The publication of his photograph next to that of Mr Burkett showed further evidence of malice. Mr Tan said the article breached the Council's principles relating to accuracy and distorting the facts in text, headlines and pictures.

The newspaper responded saying the published article was based on the transcript of public hearings of the CCC. At the time Mr Tan was a prominent public figure, a Perth Councillor seeking re-election, and the mention of his name in the CCC hearing was a legitimate matter for coverage in the column. The photograph was published because Mr Tan and Mr Burkett were named in the column.

Responses from Mr Tan to questions about why his name and number were on the list were extensively published in the column.

The Council believes that these responses adequately balanced any adverse reference to Mr Tan and that the newspaper had a legitimate reason for using the photograph.

The 10 May article, headed Poll has last word in Tan power game, referred to Mr Tan being defeated in the Perth City Council elections and his previous "battles with IC [Inside Cover] over his so-called Northbridge Business and Community Association."

The article referred to Mr Tan's complaint to the Press Council concerning the NBCA and whether it had no members, kept no records and hadn't held meetings in years.

Mr Tan said this was inaccurate and that the NBCA was a 'non-incorporated organisation' set up as a lobby group and, while there were no paid up members, there were members who regularly contacted him.

The Press Council adjudicated on this issue in September 2004 and that adjudication adequately covers the questions on the NBCA raised again.

For the above reasons both complaints are dismissed.

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