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August 8th, 2006: The Australian Wheat Board has agreed to release 20 documents relating to inflated wheat prices used to pay BHP-related Tigris Petroleum

The Cole Commission has been shown a sliver of light by the AWB in its attempt to view some 13,000 documents currently covered by legal privilege. The 20 documents now available relate to an $US8-million 'debt recovery' on behalf of former BHP employee, Davidson Kelly.

The deal, in which it is alleged the AWB inflated wheat prices which were then charged to Iraq's United Nations' held food-aid account, is described by council for the Commonwealth, Ian Harrison, as, "a fraud, sham or contrivance".

The Commonwealth used the allegation that the Tigris payment was in itself 'wrongful' to maintain that therefore documents relating to it cannot be covered by legal. The wording used in the written submission states baldy that, 'The transaction itself was a sham and wrongful so that no privilege can attach…'

That said, not all documents relating to the Tigris deal are to be released to Cole by the AWB. And the battle to allow more of the AWB's documents to be read into the Commission continues with both sides contesting exactly what should fall under legal privilege.

Specifically under scrutiny are documents and records relating to two internal AWB reports into U.N. sanctions busting: Project Rose and Project Water (which relates directly to Tigris).

Lawyers for AWB claim that because these internal reports were carried out by legal professionals, they fall under the mantle of privilege.

Ian Harrison for the Commonwealth derided this claim, saying, "It does not follow at all that just because the (Project Water) inquiry is in part being conducted by lawyers that what they are doing amounted to legal work let alone the provision of legal advice."

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