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(generated from captions) survivor who helped bring more

than a thousand war criminals to

justice. The very blunt and direct

man and he was not afraid of

expressing controversial views. Welcome to the program. political battleground Petrol has become the latest being pressured with the Prime Minister the motoring lobbies by the Opposition and to the escalating price. to find a solution Yesterday, the Government ditched in petrol excise of 0.6 of a cent a long-planned increase in January. which was due to take effect oil companies It was supposed to help cleaner fuel standards. meet the cost of

from somewhere else in the Budget. That money will instead now come a petrol summit Tomorrow, the NRMA will host all stakeholders. that intended to bring together The oil companies won't attend, the Government has decided it will. but at the 11th hour achieved from the gathering But just what is likely to be is uncertain to US $67 a barrel with crude oil prices jumping back in the Gulf of Mexico as workers begin fleeing oil rigs heads their way. as another hurricane reports. Finance editor Emma Alberici

I think it's undeniable that the

margins are as high as they have

ever been. I think the major oil

companies are taking the

to increase their profits. companies are taking the opportunity

Everyone knows that the reason

petrol is dear in Australia now is Everyone knows that the reason that

that the world price of oil has

up, and that's been aggravated by that the world price of oil has gone

Hurricane Katrina. The ACCC has

said there is something fishy about

the gap between the crude oil price

and the price at the bowser for

petrol. The dollars on the petrol

gauge whipped by that much quicker

these days, but there is no

the extra $12 it now costs the these days, but there is no blurring

averages family each week to fill

the tank. Incidentally with the

price loaded with Government taxes,

that's twice as much as the

Government gave Australians in tax

cuts on 1 July. Motorists want to

know the answer why are they paying

so much? What the Federal

doing with the windfall ref so much? What the Federal Government

newspaper from sthait tax. What.

From the GST increase in fuel.

addition are the refiners doing with the From the GST increase in fuel. What

additional margins they're now

doing? Just weeks after Hurricane

Katrina lashed the Gulf of Mexico,

Rita, a sister storm is on the

attack. Forecasters are predicting

that it will develop into a major

hurricane that could strike Texas

wees wees by the end of the week. hurricane that could strike Texas or

Shell is the biggest oil producer

the region. We are a standard Shell is the biggest oil producer in

practice of closing our production

in, evacuating our staff and

for the hurricane to pass by, and in, evacuating our staff and waiting

then going back and safely

where needs to be repaired, and then going back and safely repairing

starting up production. Hurricane

Katrina knocked out 2 million

barrels a day of global crude

production, and 1.5 million barrels

a day of refined oil. The

disruption to supply pushed the

global oil price up to US $70 a

barrel. Tim Warren is the chairman

of Shell Australia. Certainly

Hurricane Katrina clearly

demonstrated that the surplus

capacity that there was in refining

in the '80s and '90s has

disappeared. Overnight, OPEC

decided to pump and extra 2 million

barrels a day, nearly at spare

production capacity. The 11-member

nations say they will only bring on

the new supply for three months

because they believe the world

market has more than enough oil and

that the real problem lies with the

refineries. There aren't enough of

them to deal with the demand for

refined product. Oh OPEC is

the oil majors for the high price refined product. Oh OPEC is blaming

petrol around the world, claiming the oil majors for the high price of

the refinery is withholding profits

that should be spent expanding

refinery capacity. We take

advantage of our margin, as I say,

which has to generate sufficient

profit to keep our shareholders

happy as well as generate the

investment that our refineries need,

and I would remind you that we have

recently invested $130 million in

our refineries to produce cleaner recently invested $130 million in

diesel. Tomorrow, the NRMA will

host a petrol summit to discuss the

issue of the spiralling price and

what can be done about it. Having

initially labelled the exercise a

pointless talk fest, Prime Minister

John Howard this morning confirm

that had a member of his government

would attend. None of the oil

companies have accepted the

invitation which has only

the motoring lobbies

the motoring lobbies suspicion invitation which has only heightened

the industry. It seems they move the motoring lobbies suspicion about

their prices altogether. From July

through to now we've seen an

increase in the gross margin from 5

had-odd cents to about 27 cents.

seems veried that they shift up and had-odd cents to about 27 cents. It

down at the same time and the

margins always seem to be the same.

So whilst I'm not saying there is

collusion, boy, there is some

coincidence there. Prices across

the country today are generally

below the $1.40 levels some cities the country today are generally well

were seeing last week, and while

everyone is still feeling the pain

motorists in Darwin are paying the everyone is still feeling the pain ,

highest price to fill a Fang at an

average of nearly $1.60 a litre.

Shell says that's made up of the 2.

cents it costs them to buy the fuel, Shell says that's made up of the 2.5

then there's almost 50 cents in

taxes made up of excise and GST and

the profit margin of 14 cents that

goes back to the oil country.

Brisbane enjoys the cheaps price in

the country because the tax

component is the lowest. The

Queensland Government's rebate of 5

cents a litre means faexs in the

Sunshine State are paying just shy

of $1.20 a litre. Shell say tls is

nothing fishy about their pricing

which is dictated by the price of

petrol in Singapore. I think the

other reason why I think the

is unfair is refining has been a other reason why I think the comment

very sighcly kal business in the

past. We're enjoying a rich year

this year, but we do need rich

occasionally to be able to afford this year, but we do need rich years

the investments that we're making,

as we are making in clean fuels for

Australia, and in fact in making

refineries more efficient. The Australia, and in fact in making our

should be mandated again to deal refineries more efficient. The ACCC

with the situation of independence,

to put downward pressure on the

price of fuel. The federal

Opposition has been attacking the

Government over petrol prices for

weeks, focusing on beefing up the

pricing powers of the Australian

competition Competition and Consumer Commission.

Hank Spier was the chief executive

of the ACCC during the last petrol

price inquiry in 1996. It was

useful in exploring the issues, it

was useful in getting the parties

together and bringing out views,

together and bringing out views, but I have to say, at the end of the

day, I don't think it really

achieved much. One of the

commission's main weapons against

rising fuel costs is its power to

prosecute petrol companies for

collusion. It's an area where

evidence is extremely hard to get

and there hasn't been any really

successful action against the big

oil majors. With economic growth

oil majors. With economic growth in China still averaging 7 to 9% a

year, strong demand for oil is

likely to continue to push up the

price, regardless of any

price, regardless of any disruptions to supply. Still, the oil majors

will be nervous as Hurricane Rita

looms as a potentially destructive

force in the already battered Gulf of Mexico. Emma Alberici with that report.

As Australian Guantanamo Bay detainee David Hicks faces his fourth anniversary in captivity,

his captors have decided to constitute a new military tribunal to hear charges against him related to alleged war crimes in Afghanistan.

The establishment of military commissions to deal with detainees rather than US civil courts or normal military justice procedures has been heavily criticised by international jurists and is still under challenge in the US Supreme Court. Three weeks ago, the Pentagon announced it would change commission procedures to conduct trials more like the judge-and-jury process of civil courts. The Pentagon had ordered a stay of Hicks' and other trials pending the outcome of the civil proceedings, but has now decided to press ahead with Hicks' case alone. Australia's Attorney-General Philip Ruddock has welcomed the decision, saying after nearly four years, it's time to move the case along. Lex Lasry QC witnessed the first Hicks hearings for the Law Council of Australia and produced two reports highly critical of the process. I spoke with him from Melbourne late today.

Lex Lasry, just so we understand

how the Hicks trial by US military

commission is now likely to

proceed, how do you expect

proceedings to unfold? Well, Kerry,

they will have to reconstitute the

tribunal under the amended rules.

They will have to deal with a

They will have to deal with a number of motions which have been filed on

behalf of David Hicks. Most of

which or many of which are

preliminary motions and then once

they've been dealt with, then the

trial itself can start. So I

presume it is a three-stage process.

And that three-stage process, is

there any sense of how long that

whole process might take? It

depending on how complex the

depending on how complex the debates on the motions become. I think the

first stage will be quite quick,

first stage will be quite quick, but there are a large number of mosts

there are a large number of mosts to be heard, many which go to the

be heard, many which go to the basic rules in the military commission.

They have to be ruled upon and then

the consequence of those rulings

needs to be worked out so far as

needs to be worked out so far as the trial itself is concerned, so it

could be complicated. And at the

same time there is still an appeal

to be dealt with, a separate appeal

to be dealt with by the Supreme

Court from another Guantanamo Bay

detainee challenging the validity

detainee challenging the validity of these military commissions. Is it

possible the Hicks trial would be

completed before that Supreme Court

appeal is heard? Yes, if the Hicks

appeal is heard? Yes, if the Hicks trial is rushed through, bearing in

mind the Pentagon control this

process, it's quite possible that

before they hand an appeal in the

Supreme Court is heard and

determined, the Hicks case will be

heard and determined. Even though

that Supreme Court appeal could go

back on the Hicks case itself?

Yes, the other case is about the

effect of the Geneva Convention of

people in the position of hand

people in the position of hand done and Hicks, but it is an important

case and it does have an effect on

the outcome of the Hicks case.

Is it fair to say that the civil

Is it fair to say that the civil court proceedings in the US

related to the detinees in

Guantanamo Bay have come down

Guantanamo Bay have come down more in favour of the Pentagon than they

have the detainees? There have

have the detainees? There have been three cases, two of which were

determined in favour of the

detinees, one against, at first

instance, and the one which has

instance, and the one which has gone to the appeals court has been found

in favour of the US Government, so

naes basically the number at the

moment. There are some outstanding

to be heard. The Australian

Government has endorsed the ent

Government has endorsed the ent gone decision to fwri on the daift Hicks

trial because they say after four

years it does need to be progressed.

Is that fair comment? Well, I mean,

the Australian Government are now

endorsing an expedited hearing for

endorsing an expedited hearing for a process which the Australian

Government ought to recognise is

flawed. It's a bit late now to be

saying daift Hicks has been in

custody for nearly four years when

part of the reason he is there is

because he wants to challenge the

flawed process. But of course, the

fact he has been there for four

years is an injustice itself and it

will have, I suspect, a significant

effect on the ability to defend

himself. Why? Because time passes.

I understand from some of the

things that have been said by

people close to him, that he is

losing a sense of reality, having

been locked up in four years.

Memories fade. It is well

recognised in criminal law that

recognised in criminal law that the capacity of time affects people to

get a fair trial. That is just one

factor. The Pentagon has recently

changed the nature of the military

commission so that they would be

conducted, they say, more like the

judge and jury trials in civil

courts. Does that improve the

process of which you've been so

critical to date in two separate

reports? No, to call this is a

judge and jury type situation is

absurd. It's ACOSS metric change,

in my opinion, and the basic

in my opinion, and the basic problem was the military commission remain.

Mr Hicks is not going to be tried

Mr Hicks is not going to be tried by anything like a jury. He will be

tried by a military commission

tried by a military commission whose functions on that commission have

been slightly altered by the most

recent amendments. So the fact

recent amendments. So the fact that the President of the commission

would now make all the

determinations that go to law and

that the actual voting on guilt or

innocence and sentencing would be

done by the panel members without

the presiding officer who is

effectively, they say, acting as a

judge - you're not impressed by

those changes? It is an

improvement, Kerry, in itself, but

it doesn't change the basic problem

in the process. The basic problem

in the process remains that this

whole process is controlled by the

Pentagon. It still lacks the

independence that I and plenty of

other people say it lacks antd it

lacks a number of other procedural

protections that Mr Hicks won't

protections that Mr Hicks won't have the benefit of during his trial.

What are the key impediments to a

faires concern the lack of

independence of the military

commission. It is basically a

machine or a creature of the US

Government executive, the lack of

proper rules about the way in

which evidence is to be presented.

We are still in a situation where

evidence which has been the

evidence which has been the subject of coercion, physical or mental,

of coercion, physical or mental, and is also one or two parts removed

hearsay might yet be given against

David Hicks. The rules permit that

kind of process. They still permit

the kind of process that in any

ordinary respectable, independent,

objective criminal court would

objective criminal court would never be permitted. But will there be a

capacity to test the veracity of

that evidence, will there be the

capacity to test the veracity of

witnesses in cross-examination?

Well, there may not be. We have

Well, there may not be. We have to wait and see. But the rules

wait and see. But the rules provide for that kind of evidence, second

for that kind of evidence, second or third-hand to be given and

third-hand to be given and obviously that generates an unfairness if

witnesses can't be cross-examined.

What of the argue mebt that these

commissions are modelled on the

Nuremberg war crimes trials after

the Second World War and

the Second World War and therefore are as valid as they were? Well,

Nuremberg was, as I understand it,

new fen

Nuremberg was, as I understand it, a new phenomena Nah in the way in

which war criminals were treated.

Internat criminal justice has come

Internat criminal justice has come a long way since 1945 and 1946 and I

and others would point to processes

in The Hague, the way in which

people like Slobodan Milosevic and

others have been dealt with, the ra

want Dan war crimes tribunal, the

international tribunal itself.

There are proper processes where

these cases can be dealt with where

the sorts of citisms that I and

others have been making can be

accommodated. These people are

getting a fair trial. David Hicks

has been in prison, as we've said,

for four years. If he is found

guilty of that sentence, will that

sentence take account of the four

years he has already been in

captivity? No, the rules say that

time served doesn't count towards

the sentence, which is obviously

contradictory to what occurs in

contradictory to what occurs in most criminal courts. Lex Lasry, thanks

for talking with us. Thanks, Kerry. When allied troops freed Simon Wiesenthal from a Nazi concentration camp 60 years ago, it would have been understandable if he had tried to put his painful past behind him. Instead, the former architect dedicated the rest of his long life to keeping the memory of the Holocaust alive, and bringing those responsible for the slaughter,

who had escaped retribution, to justice. The man whose name became synonymous with the post-war hunt for Nazi war criminals has died, aged 96. conscientious and contentious life Jonathan Harley reflects on a contains some confronting images. and, not surprisingly, his report

He was an extraordinary man, a man

who devoted most of his life

attempting to bring alleged war

criminals to justice. He went into

the concentration camp system and

saw the machinery of mass killing

first-hand, so he was a living saw the machinery of mass killing at

connection between the survivors

the perpetrators. connection between the survivors and

They're images that will forever

haunt humanity. Simon Wiesenthal

lived through the horrors of the

Nazi occupation and several

concentration camps. He was within

5 or 10 seconds of having his

blown out by a Ukrainian axillary 5 or 10 seconds of having his brains

policeman serving under Nazi

when morning tea was called and he policeman serving under Nazi command

saw the blood-splattered remains of

the dozens of Jews who had been

killed before him. Those memories

haunted Simon Wiesenthal that he killed before him. Those memories so

devoted his life to tracking down

the perpetrators and putting them

trial. I was looking for me the perpetrators and putting them on

personally for an answer, why?

Whether or not he found an answer,

Simon Wiesenthal did help bring an

estimated 1100 Nazis to justice.

From his modest office in Vienna he

combined a photographic memory were

meticulous detective work to take

where the post war Nuremberg trials meticulous detective work to take up

left off. A section of the group

that was gruelling in the centre. left off. A section of the group of

Professor Konrad Kwiet of the Sydney ju

Sydney Jewish Museum met Simon

Wiesenthal in the 1960 when the

Nazi-hunter legend still had a

way to go. By then he did not have Nazi-hunter legend still had a long

this kind of worldwide image as the

icon of professional, what you

call war crimes hunter. I found him icon of professional, what you could

very sympathetic. It's easy to

forget that through the 1950s, '60s

and even '70s, the term holocaust

had not gained currency. It

a point where he had to shut down had not gained currency. It reached

his first research centre because

there was no interest. There were

no governments interested in

tracking down war criminals.

But Wiesenthal was unrelenting

informed all the while by his own

wartime memories, according to

author Mark Aarons who exposed

former Nazis living in Australia.

When he served with US intel jnce former Nazis living in Australia.

in the immediate aftermath of

War II that he got a vision of the in the immediate aftermath of World

duplicity and dishonesty of Western

I will intelligence attitude

war crimes and war criminals of the I will intelligence attitude towards

Nazi era and it provoked in him a

deep passion for justice and a

meticulousness of wanting to prove

the details of individual crimes.

In Jerusalem, the triem of al dofl

eek man begins. Adolf Eichmann,

the he was kidnapd in Argentina by

Israeli agents and taken to Israel

where he was tried and hanged, but

just how much Wiesenthal was

responsible for finding Eichmann

an open debate, and the controversy responsible for finding Eichmann is

does not end there. Simon

Wiesenthal was a very blunt and

direct man, and he was not afraid

expressing controversial views. direct man, and he was not afraid of

Most contentious is the case of

former US Secretary-General Kurt

Waldheim who served in the German

Army in World War II. The world

Jewish Congress accused him of

taking part in atrocities against

the Jews, but Simon Wiesenthal

refused to condemn him as a war

criminal. Waldheim went on to be

elected Austrian President.

Wiesenthal went into battle with

the World Jewish Congress. In

typical style, he insisted on his

right to speak and he insisted on

the voracity of the information

he collected. There is continuing the voracity of the information that

controversy about the voracity of

his veracity about his information,

but I think like everything he did

in life, if he made his mind up

a cause was worth fighting, then he in life, if he made his mind up that

fought it to the end. The fact

he attracted - being controversial fought it to the end. The fact that

does not defract from the fact that

he was doing an excellent job. The

job needed to be done. Child

Holocaust survivor George Sternfeld

lost more than 100 members of his

extended family at the hands of the

Nazi. I think of him in terms of

notin terms of humanity and justice

for humanity. And justice has been

dealt to the increasingly frail.

1987 Karl Linnas was deported from dealt to the increasingly frail. In

New York to face a court having

convicted in absentia. Despite his New York to face a court having been

years Karl Linnas fought to the

last. To Simon Wiesenthal it was

crucial that age be no barrier to

justice. This is a warning for the

murderers of tomorrow, maybe they

will murder today, but they will

never rest. Simon Wiesenthal

eventually returned to Mauthausen,

the death kampb from which

the death kampb from which the

Americans liberated him, but he

would never be free from Nazi

perpetrators. If we forget or deny

the past, we are unable to build

future, and that also means that we the past, we are unable to build the

have to bring those who perpetrated

the crimes have to be brought to

justice. This was, I think, his

mission, his idea, and he followed

it more than half a century.

Jonathan Harley with that report. to the cane toad, From the prickly pear even to feral cats, the rabbit to the fox, history of introduced pests Australia has a long and unfortunate overrunning the countryside. to add to that unfortunate list - Now there is another name from across the Tasman an unwelcome migrant called the New Zealand screwshell. The exotic shellfish the eastern seaboard is now smothering parts of a major threat to native marine life and scientists warn it poses seafood industry. as well as the commercial Jocelyn Nettlefold reports. All may appear calm south of Hobart... in the Dentrecastreaux Channel is an ecological war, ..but raging underwater waged by a foreign invader. like dandelions They're sort of dispersing and we suspect that their impact to something like rabbits. is probably closer noticed on this side of the Tasman The New Zealand screwshell was first back in the 1920s, but in recent years into plague proportions, its population has exploded from Tasmania to New South Wales. stretching along the sea floor are worried Both scientists and fishermen is swamping native marine species that the screwshell invasion in its path. for space and food The screwshell probably competes on the bottom. with a very large number of species into a mass of shells, It just transforms the sandy bottom

and other kinds of effects so the competition are likely to be quite high. Zoologist Craig Johnston leads a team of scientists investigating the screwshell's prolific spread. Up close, it's difficult to tell if a screwshell is dead or alive. So that one there, if you look in there now, I've just irritated it, and it's sucked itself right back down into there. But one thing is for concern,

it's going to be tough slowing down the nation's most invasive species. REPORTER: Does the screwshell have a natural predator? They may as planktonic larvae, little tiny, little specks floating around in the water column but the shells like this,

we don't actually know of anything that eats them. How much of a concern is that? Well, you can see that there is no shortage of shells. There certainly isn't any predator control in this part of the world. And how hardy is the screwshell? The accumulation of shells at densities of up to 2,000 per square metre of sea floor is ringing alarm bells for fishing and aquaculture industries. We are doing some work with commercial scallops. Again that work is in its infancy, but the preliminary data that we have certainly suggests some impact on the growth rate of scallops. While sea currents seem set to take the screwshell further north towards Queensland, breakthrough genetic work by the CSIRO has detected that screwshell larvae can easily hitch a ride in ship ballast water. All the currents from southern Australia go from west to east, so there is no really way that the screwshell by itself will move into the Great Australian Bight, move into Western Australia. It's only through our own help that the screwshell can move to those areas. Currently, ships arriving from international waters must exchange ballast water

in a bid to keep out marine exotic pests like the Pacific Sea star and the black-striped mussel. Negotiations are under way between the states and Commonwealth for similar controls on domestic ballast by the end of next year. But Teresa Hatch from the Shipowners Association says

its unrealistic to expect ships to stop and exchange ballast during short runs interstate. It's very difficult to give a financial impact to those sorts of delays but an example could be that for a large tanker, you could be looking at upwards of US $60,000 a day. Oyster grower Col Dyke says industry and government ballast water management measures in the past have been ad hoc. He's trying to protect his business from more exotic marine pests. Well, what we've got here is a European shore crab, one of the introduced marine pests. They certainly give the oysters a touch-up. We've got a situation where this basket was holding a thousand oysters. Now all we've got is crushed shell, European shore crab. simply through one is planning to spend $40,000 In the short term, Col Dykes on crab-proof cages, about exotic pests, but he's confident more research like the New Zealand screwshell, the longer-term outlook will improve under siege. of businesses and environments and know what we're dealing with. We need everybody to be focused but we can minimise it. We're never going to have zero risk, can hope for Right now, the best scientists marching west is to stop the screwshells across the Great Australian Bight. is here to stay. But elsewhere, the marine plague Jocelyn Nettlefold reporting there. And that's the program for tonight. tomorrow, but for now, goodnight. We'll be back at the same time International. Captioning and Subtitling Captions by