AN appeal against a spent conviction order for a former West Australian public servant found guilty of passing on confidential information to former premier-turned-lobbyist Brian Burke has failed.
Former deputy director-general of the Department of Industry and Resources (DoIR), Gary Stokes, was in December found guilty of leaking a letter to benefit one of Mr Burke's clients in early 2006.
The letter was from then DoIR director-general Jim Limerick to then Department of Planning and Infrastructure director-general Greg Martin and related to rezoning land at Whitby, southeast of Perth, owned by residential property developer Urban Pacific, which another company wanted to mine for mineral sands.
The company, Bemax Ltd, estimated the value of minerals at Whitby at up to $134 million and said a three-to-six year mining operation could be established.
But Urban Pacific, which was promised royalties of $10 million, did not want to take part in such a joint venture.
For passing on the letter, Stokes was fined $1500 and granted a spent conviction after a protracted prosecution.
The state argued a spent conviction was not appropriate because the magistrate had erred in regarding the offence to be a minor example of its type.
It submitted that the gravity of the offence lay not in the size of the operation but in the breach of the duty of non-disclosure by a senior public servant, resulting in the potential conferral of an advantage upon one party to a dispute.
But on Wednesday, the appeal was dismissed.
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