The managers of a multi-million-dollar trust operated by one of Western Australia's largest native title organisations say they have nothing to hide amid ongoing state government and independent inquiries.
The ABC has confirmed that the State Solicitor's Office (SSO) has made inquiries into the Kimberley Sustainable Development Charitable Trust.
The Kimberley Land Council (KLC) is the substantive shareholder of the Kimberley Sustainable Development Trust (KSTD) via its holdings in trustee the Kimberley Sustainable Development Company, which administers mining royalties on behalf of the region's native title holders.
"On instruction from the Attorney-General, the SSO has been making inquiries of the trustee of that charitable trust and others in respect of certain issues raised in a letter of April 2021 from a KLC director," a state government spokesperson told the ABC.
The KSDT became embroiled in controversy last year after the dismissal of former Land Council chief executive Brian Wilkinson sparked questions around the trust's transparency.
Mr Wilkinson's sacking prompted a number of KLC's directors to take their concerns to WA Attorney-General John Quigley.
Mr Wilkinson's departure also prompted the KLC to commission a separate investigation into the trust by high-profile barrister Tony Power, the findings of which are expected to be tabled in coming months.
Trust embroiled in sacking
In the weeks prior to Mr Wilkinson's termination, the KLC received legal advice urging it to remove the trust's board, replace them with council staff, and conduct a forensic audit of the trust's operations.
But the KLC eventually sacked Mr Wilkinson, who had been in the role for less than three months.
At the time KLC chairman Anthony Watson rejected suggestions the former police superintendent had been obstructed or penalised for making enquiries about the trust.
In a wide-ranging interview with the ABC, KSDT's representatives said the controversy had arisen as a result of internal disputes and that it was fully cooperating with the Power review as well as the SSO.
Trust manager Anne Sigley said she was right to be cautious about handing over sensitive information that could have breached an expectation of confidentiality with native title holders.
"We consider the trust money is the mobs' own business — their business isn't the Kimberley's business," she said.
"We went back to individual groups and asked for their permission to release that information, and a couple of groups said under no circumstances is that information to be released."
'We've got nothing to hide'
Trust director Rob Powrie said the KSDT was continuing to co-operate with both inquiries.
Mr Powrie said the trust had provided the SSO with a detailed response to its questions in July last year.
"I responded and gave a full explanation of what they asked and heard nothing back," he said.
"We've got nothing to hide.
Mr Powrie said the trust welcomed any recommendations into how it could improve its governance and took pride on extensively consulting with traditional owner groups.
"I have been to countless meetings [with native title holders] where we stand up, give a PowerPoint presentation, we explain how it's set up and who's on the committee," he said.
Mr Powrie said the trust was set up to reduce costs for native title holders and that the director positions were not paid.
A KLC spokesperson said a final report from Mr Power's review was expected to be presented to the board in the coming months.
"The KLC welcomes any recommendations on how the operation and management of the trust can be further strengthened," the spokesperson said.
