FIVEaa morning presenter, Leon Byner, is back behind the microphone after an on air apology, ending an eight week suspension.

At 9am today, Byner told his audience he had “let everyone down,” and apologised for not disclosing his third party contracts. “I should have disclosed these and it was wrong of me not to do so,” he said.

Byner admitted he broke broadcasting laws by failing to disclose personal deals with several people including the city’s lord mayor. He said he could not explain why he failed to tell his station management or listeners of his private deals, but denied they were cash for comment arrangements.

The announcer said under ABA and FIVEaa rules, full disclosure was required. “I am deeply sorry that I have failed to comply with these requirements. I have let down FIVEaa, my colleagues here, myself and, most importantly, I have let down you, my listeners.

“An announcer who agrees to make favourable comments, or to refrain from making unfavourable comments about a particular business or person in return for cash, must disclose that arrangement to the station and to his listeners. These are sometimes called cash for comment arrangements.

“I have never entered into any such arrangement and would never dream of doing so,” he said, adding he had merely given advice. “Last year, I entered into some arrangements with other businesses and people but failed to disclose those arrangements to FIVEaa or to you, the listeners.

“Those arrangements were with businesses like ETSA and people like Lord Mayor, Michael Harbison. I should have disclosed those arrangements and I was wrong not to do so.

Byner said he had since cancelled all his personal deals except for two, which he detailed to listeners.

In making the reinstatement announcement, FIVEaa General Manager, Paul Bartlett, said a detailed internal review has been conducted in respect of these matters and information and documents have been supplied to the ABA.

“Leon has been able to convince us that he recognises that he should have disclosed those agreements to us and to our listeners, and he is sincere in his regret. He has
undertaken further retraining and has assured us that these issues will not arise again.”

Byner says he is delighted and relieved to be back: “I feel privileged to have the opportunity to be with you once
again. I would like to thank FIVEaa for agreeing to let me return to work, my co-workers for their patience and understanding, and my listeners, for tuning in today.”

Paul Bartlett concluded: “We believe Leon has a great deal to offer the people of Adelaide and, on that basis, we have lifted his suspension, effective immediately. However, given that the ABA is conducting its own inquiry, until its report is handed down, we are constrained from any further comment on the matter.”

Byner’s program falls within the definition of the term “current affairs program” in the Commercial Radio Disclosure Standard, requiring Byner and associated parties to declare third party interests. The terms of reference of the investigations revolve around various undeclared contracts and explore whether the station knew of the contracts and whether they affected Byner’s program content.

Last month, Paul Bartlett advised the ABA that the station had “undertaken extensive enquiries of Mr Byner as a result of the [Advertiser] article” and concluded that “Mr Byner in the past has entered into commercial arrangements with various people and entities (including [Lord Mayor] Harbison)” that he had not disclosed to the licensee.

Bartlett’s report to the ABA also “provided details of commercial arrangements that Mr Byner had disclosed to the station in the course of its enquiries, including arrangements with persons to whom he made references or interviewed while presenting the radio program.”

In Bartlett’s report, he included a document titled “Leon Byner Summary of External Arrangements,” listing those commercial arrangements, which was taken out of the ABA’s terms of reference public announcement at the last minute on legal advice.

The ABA’s investigation covers the period 1 January 2003 until and including 24 January 2004, and investigated:

(a) Whether, and if so in what circumstances, Mr Byner or an “associate” as defined in the Disclosure Standard, was a party to any “commercial agreement”, as defined in the Disclosure Standard.

(b) Whether the licensee has complied with the obligations set out in the Disclosure Standard in relation to any commercial agreement to which Mr Byner or an associate was a party.

(c) Whether the licensee has complied with the requirements of the Compliance Standard to formulate, implement and maintain compliance programs to ensure compliance with the requirements of the Act and the standards.

(d) Whether the licensee breached the condition of its licence set out at paragraph (b) of subclause 8(1) of Schedule 2 to the Act by failing to comply with the Disclosure Standard and /or the Compliance Standard.

(e) What action, if any, should be taken as a result of the ABA’s findings in relation to the matters identified above.

Since the controversy erupted, Paul Makin had been presenting the FIVEaa morning program.