UPDATE DECEMBER 2008

Dear friends,

If you're new to this story - one of the most pernicious miscarriages of justice against an innocent person in modern Australian history - please visit here for a quick summary, and/or watch the video on this page.

It's now up to Federal Minister for Finance, Lindsay Tanner, to use his powers to waive any and all of the Commonwealth of Australia's claims against Dawn Rowan. His colleague, Jenny Macklin (Minister for Families, Housing, Community Services and Indigenous Affairs) recommended that he do so.

Here's an email I've just received from Dawn:

*************************************************

Tanner’s Branch Manager sent a letter and file from Macklin’s Department to Dawn’s legal aid solicitor on 27th October 2008.

This File contained a letter from Macklin to Tanner dated 12th May 2008 (following the last email campaign from you all) strongly supporting that the debt be waived. It states, “The loss of a home is a significant final price to pay for defamation proceedings commenced in 1990 in relation to a report published more than twenty years ago. The long history suggests that there has already been considerable anguish and I fear that this will only be compounded by the Commonwealth finally recovering the money owed.”

Astonishingly, this file also contained a submission from Macklin’s Department totally OPPOSING the waiver, misrepresenting the facts of this case, with outright lies, half truths, omissions and misleading statements.

Astonishing because:

• It states “the debt arose as a result of the Commonwealth defending itself against UNJUSTIFIED court action taken by Ms Rowan.” [emphasis added]. Remember I was found completely innocent of all allegations.

• The cover letter WAS NOT SIGNED and no contact person identified – unheard of in any bureaucracy!!!

• Her department “does not consider that the non-waiver of the debt would result in ongoing financial hardship.”

• It then contradicts itself several times. For example:

(1). “that social security benefits are available for Dawn if she has limited earning capacity”

(2). “Ms Rowan has limited future earning capacity due to her age, mental health and damaged reputation.”

• MOST APPALLING: “Ms Rowan's psychiatrist considered that Ms Rowan suffers from ongoing poor health and constituted a suicide risk (psychiatric report from September 2005). However, FaSCIA [Macklin’s Department] does not consider there to be an ‘imminent’ risk, as there is no evidence of attempted suicide". !!!

QUESTION: If Ms Rowan is not under 24 hour surveillance by FaSCIA, how do they know whether suicide has been attempted?

QUESTION: With what psychiatric qualifications did FaSCIA bureaucrats arrive at this definitive assessment with no contact whatsoever with Ms Rowan or her psychiatrist?

*************************************************

We - Dawn's supporters - received advice that it would be good to allow Mr. Tanner to make a bold and compassionate judgment without his having to respond to many emails. It now seems that we were being too kind. Every week we have examples in the press of Commonwealth Ministers over-riding their department's recommendations when enough people raise a fuss about it! Remember, we Australians elect members to parliaments to make decisions. They can get advice from their departments, but in this case it is obvious that the advice these Ministers are getting is deeply flawed and lacking any compassion. Remember, my fellow-Australians, that millions of dollars of your taxes have been wasted by our Federal Government in trying to 'justify the unjustifiable' in this saga.

===>>> So please, everyone, in your own words write (again) to Mr. Tanner (lindsay.tanner.mp@aph.gov.au) asking him why it's taking so long? Please email copies of his response to me at rccroucher@optusnet.com.au.

Thank you everyone!

Happy Christmas!

(Rev. Dr.) Rowland Croucher

PS. From one of Dawn's supporters:

It was interesting to see that the Finance Minister waived the taxation debt of the former Governor-General last week... I mentioned this in an email just penned to his office, highlighting the more serious circumstances facing Dawn... Let's hope he gets the Christmas spirit in this matter.

IT'S TIME to resume lobbying Lindsay Tanner

Dear friends of Dawn Rowan (who are also friends of justice and compassion),

We've been withholding pressure on Minister Lindsay Tanner to give him 'space' to deal with this issue without the distraction of answering many emails...

Unfortunately, he and his department have obviously been gobsmacked by the financial crisis, and Dawn Rowan's file has probably slipped under a pile of others.

===>>> It's time to resume lobbying for Dawn. I've talked with her today, and she's increasingly devastated by the terrible weight of this protracted process. Her lawyer is doing a brilliant job of advocacy on her behalf. Two Sundays ago a group of us, her close friends, helped repair her home.

Dawn would dearly love to resume her counselling practice without all this hanging over her: her home is ideally suited for that purpose, and those of us who are in the counselling business know there's a great need for a helping hand-and-heart for those in dire need.

*****

So please write - in your own words - to Lindsay Tanner. His email address: Lindsay.Tanner.MP@aph.gov.au . You could emphasize that

* Justice and compassion demands a waiver of 'financial debt' to the Commonwealth

* Minister Jenny Macklin has - several months ago - sent him a recommendation to this effect

* All of the legal proceedings against Dawn have unanimously declared her innocent

* No doubt many of the people in the Canberra bureaucracy are being asked to reverse their stance on this matter: which would be hard for a minister to over-ride (unless he has real courage, and 'a heart')

* Please - soon - bring this matter to a dignified close and do the right thing by an innocent person, whose only goal throughout her adult life has been help people we call the 'underdog'.

*****

Thanks everyone!

This has surely been one of the most amazing miscarriages of justice by elected governments in modern Australian history.

More *here*, if you'd like to 'brush up' on this saga:

* http://dawnrowansaga.blogspot.com/

* TV Channel 7 video - http://jmm.aaa.net.au/

* The story - http://jmm.aaa.net.au/articles/4728.htm

===>>> PLEASE SEND THIS TO YOUR FRIENDS/NETWORK AND ASK THEM TO HELP!

On behalf of Dawn's many friends,

Shalom/Salaam/Pax!

(Rev. Dr.) Rowland Croucher

Justice for Dawn Rowan

******************************************************************

Here's one person's letter, fired off within minutes of reading this:

Dear Mr Tanner

I felt privileged this past weekend to be in Canberra for the National
Parliamentary Prayer Breakfast, and was especially encouraged by the
presence and participation of the leaders of the three main parties - Mr
Rudd, Mr Turnbull and Mr Truss.

We were challenged by the presentation of Mama Maggie from Cairo, and by
Imam Mohammed and Pastor James Waye from Nigeria, as we were confronted by
the injustices that are rampant in their parts of the world.

They made me realise that similar injustice is present in our own country,
and that is why I am writing to you about Dawn Rowan. I have had contact by
correspondence on the subject, most recently with Jenny Macklin who, I
understand, sent a recommendation to you to the effect that justice and
compassion really do demand the waiver of what has been called a financial
debt by Ms Rowan to the Commonwealth.

As you will be aware, all legal proceedings against Dawn have unanimously
declared her to be innocent, and I am aware that she continues to live under
great stress, and longs to return to her helping profession as a counsellor.

I realise the pressures you have been under in recent days with the global
economic crisis, and its consequence for your own portfolio, but I would be
so very grateful if you could do whatever is possible to see that justice is
done, and genuine compassion shown, in this sad case which has dragged on
for so long.

With grateful thanks in anticipation for your help, and with kind regards,

David Cohen
Rev David M.S. Cohen

Website: www.moringa.org.au

AUGUST 2008 UPDATE

Thanks to everyone for your interest in this case, and your support of Dawn...

She's still having a battle: especially when she gets a threatening letter from the Insolvency and Trustee Department. Fortunately she has a good Legal Aid lawyer who's helping...

No word yet from Lindsay Tanner, Minister for Finance and Deregulation. Probably there's a new round of bureaucratic 'toing and froing' again before he'll give his finding.

===>>> ACTION: Why not write a simple email, in your own words, asking Lindsay Tanner's people what's happening? Maybe remind him courteously that Dawn has suffered enough and a quick and compassionate resolution of her situation would be a kind/smart move! Email address: Lindsay.Tanner.MP@aph.gov.au

Thanks: and please email copies of responses to me...

--

Shalom/Salaam/Pax!
Rowland Croucher
Justice for Dawn Rowan - http://dawnrowansaga.blogspot.com/

LINDSAY TANNER'S REPLY TO MANY EMAILS

Thanks to all who wrote to Lindsay Tanner encouraging him to concur with Jenny Macklin's recommendation.

Here's his response:

16/06/2008, at 11:02 AM, Tanner, Lindsay (MP) wrote:

Dear _ _ _ _

Thank you for your email in support of Ms Dawn Rowan, requesting that I waive her debt to the Commonwealth.

I am aware of the history and circumstances of Ms Rowan's case and that a number of representations have been made on her behalf both to the previous Government and this Government.

There are a number of steps still to be undertaken before I can make a decision with respect to Ms Rowan's waiver request, including provision of advice from the relevant Government agencies and from Ms Rowan herself. Upon receipt of this information, I will be in a position to make an informed decision.

I appreciate your concerns and thank you for raising this matter with me.

Yours sincerely

Lindsay Tanner

*****

Rowland's comment: My instinct is that we now leave this with Mr. Tanner and (for those of you who pray) with God. The chances of a waiver? All we can say is that it would not be in the Government's interests for two of its ministers to publicly differ on this matter!

RESPONSE FROM LINDSAY TANNER

3rd June 2008

Dear friends (from Dawn),

I have now received correspondence from Lindsay Tanner's office consisting of an Application for Waiver of Debt (about 9 pages!).

This is a major step forward.

However here are some questions I'm working through at the moment:

* Does a 'debt waiver' legitimize the 'debt'? Justice would require that the notion of 'indebtedness' be removed from my records...

* Is a 'waiving of the debt' equivalent to an annulment of all record of bankruptcy, which I would need to have done to clear my name?

* And what about the million-and-a-half dollars I'm out of pocket as an innocent person, pursued brutally by the Howard Government, in particular, doing 'whatever it takes' to destroy me?

* I've been delighted with the kindness expressed by Jenny Macklin and her staff. In 22 years of personal agony I've never been treated with any respect and concern... until now.

* More good news: The Adelaide newspaper The Independent Weekly has published a brilliant article in last Friday's (30th June) edition on the whole saga. We can't find the story on their website yet: it will probably appear later this week. (Could someone please send it by email to me at dawn.rowan[at]optusnet.com.au and to Rowland at rccroucher[at]optusnet.com.au . Thanks. We'll get it on to the blog asap.)

* If you haven't written to Lindsay Tanner's office encouraging him in this process, please send an email to him at Lindsay.Tanner.MP@aph.gov.au .

We'll keep you all posted!

Regards

Dawn Rowan

LATEST DIAMOND VALLEY LEADER ARTICLE

Some good news about her bankruptcy battle has brightened Dawn Rowan's day. Picture: MARK FRECKER

Hope on the horizon for St Andrews counsellor

Will Jackson

21May08
Some good news about her bankruptcy battle has brightened Dawn Rowan's day.

Some good news about her bankruptcy battle has brightened Dawn Rowan's day.

ST ANDREWS counsellor Dawn Rowan has been given a glimmer of hope in her fight to stop the Federal Government seizing her home.

Jagajaga federal Labor MP Jenny Macklin has revealed she is seeking to have Ms Rowan's bankruptcy debt to the Commonwealth waived.

The Government has been pursuing Ms Rowan for $397,000 in legal fees incurred in a long-running defamation battle.

It won a bankruptcy order last September, allowing it to seize her home and assets.

Ms Macklin, the Families, Housing, Community Services and Indigenous Affairs Minister, has been reviewing the case after lobbying from Ms Rowan's supporters.

In a letter to Ms Rowan last week, Ms Macklin said while she had no power to halt the debt recovery, Minister for Finance and Deregulation Lindsay Tanner could waive such debts." "

"Accordingly, I am writing to (Mr Tanner) asking him to consider the waiver of your debt," Ms Macklin wrote.

Ms Rowan, whose only remaining assets are her house and car, told the DV Leader it was an enormous relief to "finally" be treated with kindness.

"I've never had anyone treat me as anything but a criminal for the past 22 years," she said.

Ms Rowan, 62, was named in a damning 1987 government report into a South Australian crisis shelter she helped run.

Shelters in the Storm contained anonymous claims of physical, sexual and verbal harassment of Christies Beach clients, as well as intimidation, inappropriate counselling practices, professional negligence and misappropriation of funds.

The allegations were proved false and Ms Rowan successfully sued two television stations and the federal and South Australian governments in 2002.

All but the State Government appealed successfully, but the Federal Government was the only party to pursue her for costs.

Ms Rowan said she believed Mr Tanner would agree to Ms Macklin's request, but there was still potential for the television stations to pursue her for legal costs.

Visit the Diamond Valley Leader website

GOOD NEWS!!!

(at least for now).

Dawn received a fax from Hon. Jenny Macklin's office today which says, in part:

'Even though I have no power to halt the debt recovery, you will be aware that the Minister for Finance and Deregulation [Hon. Lindsay Tanner] has the power to waive debts in circumstances such as yours.

'Accordingly, I am writing to the Minister for Finance and Deregulation asking him to consider the waiver of your debt.

'Please let me, or my Electorate Office, know if I can further assist you in this difficult time.

'Yours sincerely,

Jenny Macklin'.

****

I hope to talk with Jenny Macklin's Canberra office tomorrow (Thursday, May 15) to check about what else we can disclose.

But this is very good news. Hon. Lindsay Tanner has the final call (and he's a bit preoccupied at the moment with the Federal Budget).

There are still quite a few questions to be faced/answered. You'll hear from me again in a few days.

Jan and I are meeting with Dawn again tomorrow. To those of you who pray, let us give thanks for this milestone event, and pray for an uncomplicated positive decision by Mr. Tanner!

Thanks again to all of you for lobbying for justice for Dawn.

===>>> Why not email Jenny Macklin and thank her? (JMacklin.MP@aph.gov.au )

Rowland Croucher