The Morrison government never misses an opportunity to delay and draw out its persecution of Bernard Collaery, now into its third year without the specific charges against the Canberra lawyer being tested in court.
Attorney-General Michaelia Cash has inherited the malicious and cruel approach of her predecessor Christian Porter to the pursuit of a man who helped expose the crimes of the Howard government.
That’s why, tomorrow morning, Cash will again attempt to use secret, judge-only evidence against Collaery in an effort to sway the trial judge in his prosecution, despite the ACT Court of Appeal overturning the trial judge’s decision to keep secret other evidence offered by Porter. If the judge accepts the additional secret evidence, it will necessitate another appeal against the decision.
Meanwhile, in another Kafkaesque instalment of the saga, Cash is demanding that the court’s reasoning for its decision to reject the secrecy demands itself be kept secret, with a hearing last week to prevent the court from releasing its full judgment pending an appeal to the High Court.
There is little doubt about what the secret judge-only evidence is that Porter and Cash have tried to use against Collaery without him even being allowed to see it: an admission that John Howard and Alexander Downer ordered ASIS, then under the direction of David Irvine, to spy on the Timor-Leste cabinet, potentially in breach of Australian law given the purpose of the spying was entirely unrelated to Australia’s national interest, and purely about accommodating fossil-fuel giant Woodside.
Downer and the-then secretary of Foreign Affairs and Trade, Ashton Calvert, both later took positions with Woodside.
Throughout every stage of the prosecution of Collaery, Porter, and now Cash, have delayed and drawn out proceedings in order to damage the 77-year-old lawyer as much as possible, wrecking his Canberra legal practice — he now handles only relatively minor matters, and recently appeared before the ACT chief justice both as defendant and counsel in one week.
Three times, Porter has been chided by magistrates for delaying proceedings in the more than three years since charges were brought against Collaery and former ASIS officer Witness K.
The reason the Commonwealth has played such an active role in proceedings is that Porter sought to prevent any embarrassment to Howard, Downer and other Coalition figures and senior bureaucrats involved n the sordid betrayal of Timor-Leste — including current Liberal MP Dave Sharma, who was Downer’s legal adviser at the time the spying occurred.
As a consequence, Porter has sought to use the provisions of the National Security Information Act to keep Collaery’s trial out of public view, and to convict him using secret judge-only evidence Collaery is not permitted to see, challenge or subject to scrutiny — until the ACT Court of Appeal dealt Porter’s plans a blow.
Throughout this persistent abuse of both due process and the requirement that the attorney-general ensures that the Commonwealth is a model litigant, the Commonwealth Director of Public Prosecutions (CDPP) Sarah McNaughton — hand-picked by the Coalition after her role at the ill-fated Dyson Heydon royal commission — has stood silent while the trial has been stretched out by McNaughton’s employer first by 12 months, then two years, and now three, while never saying anything about the abuse of process or delays to the trial.
After three years and the short, suspended sentence given to K when he pleaded guilty, it is nonsensical that the CDPP still believes the prosecution is in the public interest.
What’s particularly ironic about Cash attempting yet again to use secret evidence to jail Collaery is that it comes just days after Prime Minister Scott Morrison’s own office leaked national security information — texts from the president of France relating to the Naval Group submarine contract — to friendly journalists to attempt to manage the political problem created by Emmanuel Macron revealing the truth about Morrison’s mendacity.
As has long been the case with national security prosecutions, governments only go after leaks that embarrass them — not the ones that serve their own interests.
In this case, the embarrassment is that of Howard and Downer. But as the Collaery trial drags through its third year, the embarrassment is increasingly that of Morrison, his various attorneys-general, and McNaughton, for letting this disgusting farce continue.
Reading your article simply makes my blood boil Bernard. In fact, it was an article you wrote some months ago on this very issue, that inspired me to take out a subscription to Crikey. The only regret I have about that decision is that I did not make it years ago. You and Crikey are the only media I know of that consistently bring this utterly disgraceful matter to the attention of the public.
It is also a reminder, not that any is needed, of why I have, since I was a teenager, taken the attitude that I would rather burn my ballot paper than ever vote for this so-called “Liberal” party. What an piece of Orwellian temerity and deception this party has to call itself “Liberal”. Of course, the so-called “opposition”, the ALP does not make this an issue with the electorate (please feel free to prove me wrong on that).
It is embarrassing to admit this but at the time that Howard played a major role in assisting the East Timorese gain their independence from the brutal and murderous Indonesian regime, I remarked to a friend (a history teacher) that Howard had done something positive. My friend replied to me that Howard had only done this so Australia could dud an Independent East Timor over the oil. How true all that turned out to be. How wrong I was.
Thank you Bernard and thank you Crikey for taking such a principled stand on this very important issue. As far as I am concerned both Witness K and Bernard Collaery deserve an Order of Australia. They are Australian heroes.
Yes, knowledge of the Timor Sea resources and their locations and extents was known for decades.
That information was known to Timor L’Este when negotiations began for the CMATS Treaty. Timor knew of Greater Sunrise oil deposits. What the bugging established was that Timor was still unaware of the gases including the $12bn of helium. The gases played no part in Timor’s bottom line for the treaty.
The CMATS mechanism was cute. The standard definition, deep in the defined terms, was amended to exclude the gases. The result was that the Treaty apportioned no gas to Timor. By design, that went undetected.
The ICJ is not a great fan of “cute”. So Brandis had K’s passport impounded. Brandis also personally issued the warrant to raid Collaery’s home and impound the documents the property of Timor Leste, engaged in ICJ action against the Commonwealth. Yes, the real story is utterly scandalous, and those are just the tiny elements already published..
Yes indeed. Kudos to both BK and Crikey for their diligence in continuing to report on this matter.
The secrecy surrounding the case is appalling in a country that likes to style itself a democracy. We all need to maintain our rage around this continuing “unconscionable prosecution”.
Totally agree, though I think one factor in Howard supporting East Timor independence was the huge public outcry at the time – I’ve never seen anything like it, before or since.
Thank you for your clear description of this national shame committed by the Howard government and ministers in the name of greed
“Is it in the public interest”?
No it is not. It is about intimidation. Australian Electorate. Our Institutions. And credible, principled individuals who find no alternative other than to stand against fascistic actions.
It would be more in the public interest to formally and publicly name, and if possible prosecute, the individuals responsible for this disgraceful behaviour. But we do have a prime minister very much in favour of looking after his “mates in the liberal party”.
The persecution of Bernard Collaery is a smokescreen. It is not he who hazarded the national interest, but those who ordered the bugging.
The party now suffering the greatest damage is not Timor but the Australian public. National resources, the gases from Greater Sunrise were given corruptly to Woodside and pals by those MPs sworn to manage them in our interests. That $12bn was ours to sell.
The plan for secret evidence is the attempt by then Attorney General Brandis (visited this year by Morrison) to suppress the evidence which would convict those members of the Howard ministry guilty of fraud.
The attempts to hide not only the critical evidence of graft but also elements of the court judgement are, as Keane points out, abuses of the machinery of justice in the Collaery case. It is true they cannot be reconciled with the Commonwealth duty to be a model litigant. The Court of Appeal has seen through the prosecution attempt to hoodwink it.
But the objective of the secrecy is not confined to the Collaery persecution.
Its greater objective is to hide the evidence of graft by those Howard ministers. And yes, that is presently Morrison’s role here.
Our treatment of the Timorese by both political parties has been a national disgrace and we should hang our heads in shame.
In WW2 many Timorese were executed by the Japanese for helping Australian soldiers who were conducting a guerilla campaign and providing information on matters including shipping that helped in restricting the Japanese advance towards Australia .
Move on to the Indonesian takeover and when the Timorese needed help we turned our backs .
After the departure of the Indonesians following years of occupation subjugation and slaughter we showed some compassion and Australian troops helped restore Timor Leste. And then our politicians moved in and our level of shame increased exponentially.
As Robert Reynolds and beachcomber have stated and clearly explained this persecution of the two whistleblowers is for the protection of current and past members of the Liberal party whose behavior shames any decent Australian and must be one of the greatest miscarriages of justice in recent years. Another reason for an ICAC with the power to prosecute the real criminals.
Thank you B.K ,Robert Reynolds , beachcomber, and others for again raising this national shame at election time . With some luck these lowlife politicians involved may still be called to answer for their actions and the whistleblowers are recognised as heroes of Timor Leste by a new government.
All true. We also gave away billions of dollars worth of helium.
Morrison worships Howard but does not have the same rat cunning. Two devout Christians who should be called out by their pastors for their hypocrisy, especially on refugees. Scotty was big on “on water secrecy” but we need to ask him about under water and underhand secrecy.
Do as I say not as I do…apparently. The Coalition is full of hypocrites.
My mail is it’s one of the selection criteria.
If this is just about avoiding embarrassment to Downer and Howard, it doesn’t explain why the matter was not dealt with by Rudd/Gillard/Rudd.
Perhaps there are broader interests being protected.
probably, the labor regimes were warned off by the 4 letter agencies (at the behest of 3 letter agencies from elsewhere) – that some of their (labor) activities would come to light via the evil Murdoch empire.. it’s all NTK and a matter of “NatSec” you understand…
Questions about why Labor did not cease abuses A, B, C etc ad infinitum suggest an astonishing credulity in the electorate.
Two cheeks around the same cloaca.
How much is Woodside donating to Labor?
Probably not as much as the stipend being paid to Lord Downer and the other LNP stooges.
Perhaps, but lets get rid of the current corrupt government, and then find out what a new Labor AG has the courage and decency to do.
Gnashing our collective teeth in the hope this current bunch of reprobates will eventually behave properly is an utter waste of emotional energy….