NSW North Coast police make mockery of traffic accident attendance criteria

On 15 October 2014 NSW Police changed its criteria for attending traffic accidents.

Traffic and Highway Patrol Command - NSW Police Force:

Police on the NSW North Coast have apparently refined this criteria further.

On the morning of 13 January 2015 a Yamba resident, reporting what was a head-on crash on a badly cambered bend in a town road was told by police that only accidents where a person was injured would be attended by officers.

Apparently this is how local police are interpreting the NSW Government’s so-called drive to reduce red tape.

Now this would possibly be a worry-free policy adaptation if all accidents on the North Coast occurred through no fault on the part of drivers due to adverse road/weather conditions, but there is a glaring hole in how this three month old directive is being implemented on the ground.

In effect it means that it there will be drivers who were speeding and/or intoxicated who will escape being held legally accountable for their unlawful actions and the property damage they inflict, because North Coast police are refusing to come to crash sites unless they are specifically told a person has been injured.

If the person contacting police fails to mention a suspicion that a driver may have been drinking or speeding or the police fail to ask that question at the time, then dangerous drivers will begin to feel invulnerable – which may eventually have fatal consequences.

What could possibly go wrong when the Abbott Government is creating Fortress Australia to protect us all from a veritable host of 'terrors'?

When the Abbott Government’s wider surveillance powers were passed by the Senate, the Australian public was being assured by both major parties that the sweeping ‘anti-terrorism’ legislation had built-in safeguards which would protect us all from over reach by intelligence agencies and police.

The good citizens of Tacoma in Pierce County, Washington, United States probably thought they were protected too. After all, didn’t the police need to get a warrant from a Superior Court judge?

The News Tribune article of 15 November 2014 shows just how easily a mockery can be made of surveillance laws:

Pierce County judges didn’t know until recently that they’d been authorizing Tacoma police to use a device capable of tracking someone’s cellphone.

Now they do, and they’ve demanded that police change the way they get permission to use their so-called cell site simulator.

From 2009 to earlier this year, the county’s Superior Court judges unwittingly signed more than 170 orders that Tacoma police and other local law enforcement agencies say authorized them to use a device that allows investigators to track a suspect’s cellphone but also sweeps cellphone data from innocent people nearby.

In August, the assistant chief of the Tacoma Police Department told The News Tribune that investigators never deployed the device — a cell site simulator, commonly known as a Stingray — without court authorization.

The newspaper since learned police never mentioned they intended to use the device when detectives swore out affidavits seeking so-called “pen register, trap and trace” orders allowing them to gather information about a suspect’s cellphone use and location…..

Neither the pen register orders nor the affidavits filed by law enforcement mentioned that police had a Stingray or intended to use it.

Instead, detectives used language commonly associated with requesting an order that would force a cellphone company to turn over records for a particular phone, and, where possible, the real-time location of the phone…..

The News Tribune 17 November 2014:

The Tacoma Police Department, which owns the Stingray, did not want to reveal it to the public. The FBI, which provided it, was leaning on the city to keep the technology secret. As a result, the judiciary that monitors investigations for constitutional abuses wasn’t aware of the kind of surveillance it was authorizing. However noble the motives, this was subterfuge….

But a Stingray — which employs technology known as cell site simulation — is so much more intrusive than conventional surveillance that it demands extra scrutiny. It pulls in cellphone transmissions from all callers in a given area and identifies the unique signatures of each phone…..

This could get spooky in a hurry. The Pierce County Superior Court now has another safeguard in place: Police must sign affidavits that they will not store data on people who are not targets of the investigation…..

Think this example of over reach is too far removed from Australia to matter? Think again…..

The Sydney Morning Herald reported on what is already occurring in Australia on 7 July 2014:

Australian federal and state police are ordering phone providers to hand over personal information about thousands of mobile phone users, whether they are targets of an investigation or not.

Fairfax Media has confirmed Australian law-enforcement agencies are using a technique known as a "tower dump", which gives police data about the identity, activity and location of any phone that connects to targeted cell towers over a set span of time, generally an hour or two.

A typical dump covers multiple towers, and mobile providers, and can net information about thousands of mobile phones.

The dumps are usually used in circumstances when police have few leads and can be a useful, powerful tool in tracking down criminals. But privacy advocates say that while they may be helpful to police, they also target thousands of innocent people and don’t have any judicial oversight.

In addition to no warrant being required to request a tower dump containing the mobile phone data of thousands of people to track down one or more criminals involved in a crime, privacy advocates also question what is being done to the data collected once an investigation is complete….

Sometimes NSW Police make me cringe in shame - Part 2

New Matilda 16 October 2014:

Four police officers will stand trial over allegations they bashed an Aboriginal man, who was originally falsely charged with assaulting a constable before CCTV footage cleared him during the incident on the NSW north coast in 2011.

Constable Lee Walmsley, Constable Ryan Eckersley, former Sergeant Robert McCubben and Senior Constable Mark Woolven will stand trial after waiving a right to a committal hearing at the Downing Local Court, the ABC reported today.

They have pleaded not guilty.

It follows an incident involving the then 23-year-old Corey Barker in Ballina on January 14, 2011.

Mr Barker was arrested after intervening in an altercation between two of his friends and police.

He was originally charged with resisting arrest and assaulting a police officer after being taken to Ballina Police Station, charges which were overturned when the restored CCTV footage, previously believed to be damaged, unveiled a different version of events.

Ballina Local Court Magistrate David Heilpern overturned the charges, ordered the NSW Police pay Mr Barker’s costs and referred the matter to the Police Integrity Commission.

The PIC handed down its report in 2013, recommending criminal charges for six of the officers involved. The ABC reported a total of 25 charges were laid against the officers. A fifth officer will also waive his right to a committal hearing.

The trial will start in 2015.

Sometimes NSW Police make me cringe in shame - Part 1 here.

I spy with my little eye.....

Apparently NSW Police has been spending part of its annual budgets on surveillance malware programs which will remotely infect the computers/mobile devices of its preferred target individuals.

In today’s money that is well over $2 million for the five licenses which are currently active.

Wikileaks Spy Files

The company FinFisher (part of the Gamma Group headquaqtered in Munich, Germany) obligingly supplies this description of FinSpy:

While FinIntrusion allows NSW Police to do the following:

The Australian Federal Police will neither confirm nor deny that is also using this malware.

On 6 August 2014 Netzpolitik reported that:

A hacker claims to have hacked a network of the surveillance technology company Gamma International and has published 40 gigabytes of internal data. A Twitter account has published release notes, price lists – and source code. Malware researchers and human rights activists welcome the publication, Gamma itself refuses to comment.

In November 2012 a public service announcement prepared by the US Government Internet Crime Complaint Center identified FinFisher as supplying malware and spyware capable of taking over the components of a mobile device. When installed the mobile device can be remotely controlled and monitored no matter where the Target is located. FinFisher can be easily transmitted to a Smartphone when the user visits a specific web link or opens a text message masquerading as a system update.

Gamma Group’s Martin Münch/Muench with exploit seller VULPEN’s CEO & Head of Research Chaouki Bekrar

July 2014 

Source: Netspolitik

Despite the police having accquired a number of new 'toys', Australian government requests for user data held by Google Inc continue:

"We now also know that long-suffering NSW taxpayers were going to be footing the bill to keep this industry alive, with no plans for Metgasco to be charged"

The Northern Star 23 July 2014:

Government documents have revealed up to 800 police officers were to be sent to Bentley from May 19 to "ensure public safety" and enable Metgasco to move its drill rig on to the site.

And Metgasco wouldn't have been charged for the police operation, scheduled to continue until June 7....

Senior government officials warned the safety risk to the public and police during the installation of the drill rig would be "high to extreme".

The situation was described as an "unprecedented public order challenge" requiring a "significant deployment of police officers".

The information was released under the Government Information (Public Access) Act….

A NSW Police Force briefing also identified "many risks", including a "catastrophic" risk of litigation.

Greens MP David Shoebridge said the documents showed the NSW Police force was to be "used as an exceptionally powerful and expensive private security operation for a resources company".

"Any accountable democratic government would take that as a sign the industry should not go ahead," he said.

"We now also know that long-suffering NSW taxpayers were going to be footing the bill to keep this industry alive, with no plans for Metgasco to be charged."

NSW Police & coal seam gas miner Metgasco Limited's response to the Glenugie protest revisited - judgment transcript

Excerpt from Magistrate Heilpern’s October 2013 judgment in Police v Rankin; Police v Roberts [2013] NSWLC 25 which decided prosecutions were permanently stayed:

Collateral Purpose

82 The defence contend at paragraphs 15 to 21 of their submissions that the prosecution has been instituted for a collateral purpose. They submit that a question arises as to whether the prosecutions are being pursued for a political aim, given the high profile issue of CSG in the community. The defence further submit that the prosecution may be as a result of embarrassment by "Sydney" over the visiting specialist unit police and their failure to comply with LEPRA.

83 It is correct that the courts will not usually look behind the reason for a prosecutorial discretion. However, this is an exception to that situation. The applicants have 'fair and square' laid out their concerns relating to these matters in their submissions. Two solicitors have prepared lengthy affidavits replete with attachments to support this application. The response from the prosecution is to simply point out that there is no evidence beyond mere conjecture. To an extent that is true - there is no smoking gun that proves political interference or specialist squad intervention. However, nor have the police chosen to dispel these suggestions with any evidence, or any alternative scenario that does not involve collateral purpose. The informant has not filed any evidence to explain why the new charges have been laid, and had they, any cross-examination may have shed light on this issue. There is nothing in submissions which dispel the applicants' contentions. In particular, there is nothing from the informant to explain why his superiors determined to withdraw the charges, and he then instructed another prosecutor to run a different matter.

84 In my view, the burden on the applicant relating to a collateral purpose may be shown by inference. In this case I find myself asking "what could possibly be the reason for continuing on with such an 'innocuous' charge in these circumstances?" Whilst suspicion is not enough, what else is the court to conclude when the prosecution offers no other alternative to the issues raised by the applicants? Why else would the police risk a costs order against them in the original matters which were withdrawn (which could run into the many tens of thousands of dollars), drive a prosecutor up from Sydney to run the matters, arrange police witnesses to travel from Sydney all for an 'innocuous' minor traffic matter.

85 The defence is correct that the CSG issue is political, to say the least. The arrests in this case are just one set of many, and the defendants who have come before me are generally over 50 years, well educated with a fair smattering of farmers and professionals. It is in that context that the realistic suspicion of political interference arises.

86 My mind has wavered on this issue. There is suspicion, and there is a lack of any other rational purpose. However, I have formed the conclusion that I am not satisfied to the requisite degree that the prosecution in the fresh matters has been launched for a collateral purpose. Accordingly, I do not take into account the matters raised by the applicants on this issue.

Full transcript can be found here.

Police Association appears to believe the that the NSW Police Commissioner's response to the Bentley Blockade is not carefully planned

Coal seam gas/tight gas miner Metgasco Limited's little helpers at  http://pansw.org.au/node/1942:

Circular No. 19 Operation Stapler (Bentley Gas Project)

7th May 2014
Circular No. 19

Operation Stapler (Bentley Gas Project)

Under normal circumstances an operation of this magnitude would require a considerable period of careful planning. Unfortunately, the planning for this operation is constrained by a far shorter timeframe.

Your Association has been meeting with the Northern Region Commander and his staff to ensure the Industrial and WHS conditions of our members are met. This is a work in progress and we are continuing to consult with the NSWPF.

Members should be aware of the following entitlements as per our Award Crown Employees (Police Officers- 2013) Award.

Accommodation:

Where available, members are entitled to be accommodated in three star/three diamond accommodation. The Association has been advised that this standard of accommodation has been sourced in Ballina, Lismore and Casino .If you are not accommodated in at least 3 star accommodation on this operation, please advise your Association ASAP.

Meals:
When members are required to perform duty at a temporary work location, you are entitled to be compensated for expenses incurred for meals and incidentals. The Association has been advised that you will be supplied suitable meals during shift and be paid a meal claim for off duty meals. If the meals supplied are not suitable or if you are not paid your meal or incidental claim, please advise your Association.
Breakfast: $22.30 Lunch: $ 25.45 Dinner: $43.85 Incidentals per 24 hours: $18.20

Hours of Duty:
Members are entitled to two rest days in seven or four rest days in fourteen. If you are not provided with this, you are entitled to the cancelled rest day penalty.
Members who work more than seven “b” shifts in a 21 day period are entitled to the excess “b” shift penalty.

The Association has been advised that members will be working eight hours shifts with travelling time and overtime. These shifts will be morning, afternoon or night shifts. We have been advised that members will work the same type of shift when deployed to minimise fatigue and rostering issues. The normal length of deployment is seven days in the field with travel either side. Please advise your supervisor if fatigue is an issue.

Facilities:
The NSWPF has obligation under WH&S to provide certain facilities even at temporary work locations.This includes facilities for decontamination, toilets, stand down areas, shelter, and appropriate uniform and personal protective equipment. The Association has been advised that these facilities have been sourced. Any WH&S issues should be raised with your supervisor in the first instance. If unresolved, please contact your Association.

Association Contacts
Your Association will have two Organisers at the Operation. They will be in attendance for the induction. Mobile numbers of the Organisers will be supplied at the induction. Branch Officials are asked to make themselves know to the Organisers as a point of reference in the field.

First Response and other duties:
The number required to be deployed on this operation may affect the capability of LAC to meet First Response Agreement. Please advise your local branch officials of any breach use the First Response Non Compliance Form available at our website or by calling the office to notify the Association of all first response breaches.

You can contact the Association on 9265 6777 or though the DOI outside normal business hours. Email: info.centre@pansw.org.au
 

Scott Weber

President

Quote of the Week

“A police operation is planned to take place at Bentley to both facilitate a lawful protest and ensure normal operations at the gas exploration site” [NSW Police spokesperson quoted in The Daily Telegraph on 30 April 2014 explaining the intention to use riot police against a peaceful demonstration at Metgasco Limited’s Bentley ‘tight gas’ drilling site]

Not good enough, Premier O'Farrell and Police Commissioner Scipione

A Freedom of Information application by Richard McDonald dated 20 January 2014 has revealed that NSW Police officers had six hundred and fifteen individual criminal convictions ranging from assault causing actual bodily harm, malicious injury, drug possession, motor vehicle theft, fraud, culpable driving, high range PCA drink driving, speeding, domestic violence and much more recorded against their names - either before joining, during training or once they were deployed as serving officers.

A shocking statistic, which ABC News calculates as 1 in every 40 NSW police officers having criminal records.

20 January 2014 GIPA Document Listing Criminal Convictions Held by NSW Police Officers

Metgasco Limited, then NSW Minister for Resource and Energy Chris Hartcher & Co, NSW Police and those missing letters

The plot thickens concerning the anti-coal seam gas protests at Glenugie on the NSW North Coast.

The Greens (NSW) Media Release

"Missing" letters from Metgasco finally released

12th March 2014 5:33 pm

Four "missing" letters from Metgasco Ltd to Government Ministers have finally been released indicating what Greens MP David Shoebridge has long been speculating, that a high level of political interference took place during police protest operations at Glenugie last year.

Metgasco CEO Peter Henderson wrote to the then Minister for Resource and Energy, now ICAC embroiled, Chris Hartcher as well as the Minister for Planning and Infrastructure Brad Hazzard, Minister for Police and Emergency Services Michael Gallacher and the Attorney General Greg Smith requesting "greater legal reinforcement" for their operations.

Henderson also expressed concern about the "excessively lenient legal system" and its "unwillingness" to harshly penalise activists with "anti-development agendas." Henderson's suggestion to the Government in how to deal with protesters was to impose mandatory sentences.

The content in these letters now raises questions as to why the Government failed to hand over these documents following numerous GIPA requests lodged by David Shoebridge.

Both former Minister Hartcher and Police Minister Gallacher advised in a GIPA (FOI) Notice of Decision that no information or documents existed relating to these protests, and upon further GIPA requests only one of the letters was released.

Greens NSW MP and Police Spokesperson David Shoebridge said:

"What we have now are documents being released that the Government bizarrely denied having any record of in the first place.

"These letters not only indicate a clear directive issued by the Metgasco's CEO, but that the Government actually obeyed.

"The charges against these protesters were thrown out in court and we see now were only laid following direct political interference.

"It is simply unacceptable for resource industries to be effectively directing the operational activities of police in NSW." Mr Shoebridge said.

Four letters and attachments dated between December 2012 and February 2013 are now available online which Metgasco Limited asserts are the missing letters.

In these letters (below) Metgasco Limited requests more police to secure its Northern Rivers drilling sites, complains that police were initially not prepared to arrest protesters, complains about the lenient legal system, and, requests mandatory sentencing of any protester arrested at its drilling sites and found guilty of an offence.

Letter bundle includes an unsigned statement by a contractor which has not been witnessed and is unverified.

Subsequent to the commencement of this correspondance the NSW Public Order and Riot Squad was sent north to attend Metgasco's Glenugie drilling site and, in total an estimated 159 local, regional and other area police officers worked approximately 3,234 hours during the protest operations.

Letters from Metgasco Limited CEO Peter Henderson to NSW Government Ministers between December 2012 and Feb...

Will NSW Police Commissioner Andrew Scipione risk another heavy handed political move against Northern Rivers anti-coal seam gas protestors in 2014?

Local landowners & others prepare for the arrival of Metasco at its Rosella-1 well site in early 2014

In 2013 Magistrate David Heilpern publicly took NSW Police to task over charges laid against coal seam gas protestors at Metgasco Limited’s Glenugie site.

Does NSW Police Commissioner Scipione want the world to see more media coverage similar to this because he was persuaded to do the bidding of a coal seam gas exploration company which to date has produced not a cent in profit for its investors or the State of New South Wales and is never likely to?

The Northern Star 6 November 2013

"In this case I find myself asking what could possibly be the reason for continuing on with such an innocuous charge in these circumstances? Why else would police risk cost orders against them, drive a prosecutor up from Sydney to run the matters, arrange police witnesses to travel from Sydney, all for an innocuous minor traffic matter. "It is in that context that the realistic suspicion of political interference arises," he said.....

Metgasco Limited is a mining exploration company which after fourteen years still has no social contract with local communities on the NSW North Coast, a spotty safety record and an unhappy shareholder base.

Sometimes NSW Police make me cringe in shame

The Sydney Morning Herald 11 September 2013:

Six northern NSW police officers are facing possible criminal charges and dismissal from the force after the Police Integrity Commission found they used excessive force against a young Aboriginal man at Ballina police station and then falsely claimed he had assaulted them.

In scathing findings tabled in Parliament on Tuesday, the commission criticised the officers involved in the January 2011 incident, finding them guilty of serious police misconduct and recommending a range of charges including assault, perjury and giving false evidence.

The incident began when Aboriginal man, Corey Barker, then 21, was arrested on Tamar Street, Ballina, for trying to obstruct police, and taken to the local police station.

The police officers involved claimed that when they attempted to move Mr Barker to a different cell he assaulted Senior Constable David Hill, punching him in the face.

However, the commission found that CCTV footage revealed there was no assault.

Rather, the commission found, the footage showed Mr Barker being slammed into a wall and a large metal object in the station's charge room by the officers, before they dragged him backwards by the arms along the ground into a cell.

Six of the officers who were either involved in the altercation or witnessed it, subsequently signed sworn statements accusing Mr Barker of assaulting police, statements which they then backed up with sworn evidence in court.

The case was thrown out by Ballina Local Court Magistrate David Heilpern, who referred the police's actions to the commission......

The commissioner found that Senior Constable Hill was a witness "of little credibility", and he and the other five officers had lied in their statements and in court.

The commission recommended Senior Constable Hill, Constable Walmsley, Constable Mewing, Senior Constable Mark Woolvern, and Constable Eckersley be considered for charges of assault, and that all but Constable Eckersley also be considered for charges of perjury....

Chris 'I thought politics was all about the paycheck' Gulaptis wants everyone to stop picking on him.....

NSW Nats MP for Clarence Chris Gulaptis is trying to distort collective memory and paint himself as the victim of a nameless plot, after being caught out fudging North Coast police numbers.

NSW Police at their worst while protecting Metgasco Limited's interests

Photograph of Gareth preparing to 'lock on' from EchoNetDaily

On 26 February 2013 an unnamed police officer used capsicum spray against a defenseless protester at coal seam gas exploration company Megasco Limited's Doubtful Creek test drilling site:

http://mpegmedia.abc.net.au/news/audio/am/201302/20130228-rnam-spray-protest.mp3

Excerpt from transcript:

TONY EASTLEY: New South Wales Police are investigating why an officer used capsicum spray on a protester who was chained to a truck.

The man was protesting against Metgasco's coal seam gas exploration site in the north of the state.

The Lock the Gate alliance which organised the protest says it will be lodging a complaint against the police.

A spokesman for the group says the use of spray on a passive protester amounts to assault.

David Mark reports.

DAVID MARK: A group of protesters have been attempting to disrupt test drilling by the company Metgasco at their coal-seam gas site near Kyogle since January.

On Tuesday one of the protesters, a 45 year old man named Gareth, locked himself to one of the company's trucks as it attempted to leave the site.

Scott Sledge, the president of the protest group the Northern Rivers Guardians, was close by.

SCOTT SLEDGE: They have a pipe which has a bend in it and both hands go into the pipe. And then it locks with clips onto a chain which is attached to the wrist so you can't actually pull that arm out of the metal sleeve.

DAVID MARK: Scott Sledge didn't see what happened next. He says he was on the other side of the truck. But he later spoke to Gareth.

SCOTT SLEDGE: He told me a policeman came under the truck and said, "Let go now and get out from under the truck or I'll spray you in the face." And he was holding a little canister, a spray canister. And he said, "I can't let go, I'm locked on".

And then he got sprayed in the face and it was burning. I heard him yell "I've been maced!" I yelled out then, "You can't do that, he's locked on, he's defenceless, that's torture."

DAVID MARK: New South Wales Police have released a statement confirming police did use capsicum spray on a 45 year old man while he was attached to a truck.

He was arrested but not charged......

DAVID MARK: Police guidelines say capsicum spray can only be used on three occasions: to protect human life; as a less lethal option for controlling people where violent resistance or confrontation occurs; or as protection against animals.....

The rolling blacklist is dead and our online privacy is once more protected - or is it?

 

The Age 9 November 2012:

 

Conroy has backed down but there's no shortage of people still pushing to invade our privacy and censor the internet.

It's almost five years since communications minister Stephen Conroy embarked on his crash-or-crash-through campaign to introduce mandatory ISP-level internet filtering for all Australians……

From the very beginning of the debate, outspoken filtering opponents such as Electronic Frontiers Australia and Mark Newton data retention to keep records of everyone's internet usage for two years. There's already a push to expand the scope of this plan.

Meanwhile anti-piracy lomade it clear that the real concern about the planned filter was its broad scope and veil of secrecy which left it open to abuse by those with an agenda.

It didn't take long for calls to expand the proposed filter. Family First Senator, Steve Fielding, called for the filter to cover legal hardcore pornography and fetish material, while Senator Nick Xenophon wanted it to encompass online gambling. The Australian Christian Lobby was also pushing to expand the scope of the filter to cover a wide range of sins…….

"Blocking the INTERPOL 'worst of' list meets community expectations and fulfils the government’s commitment to preventing Australian internet users from accessing child abuse material online," Conroy says.

"Given this successful outcome, the Government has no need to proceed with mandatory filtering legislation."

Only a politician could label such a backdown a "successful outcome", considering it's exactly what he should have done five years ago. Senator Conroy has been gradually backtracking on filtering for some time but only now does it seem safe to declare the plan officially dead. But that doesn't mean that free speech and privacy advocates can rest easy. Right now Australia is debating the proposal for blanket data retention to keep records of everyone's internet usage for two years. There's already a push to expand the scope of this plan.
Meanwhile anti-piracy lobbyists are threatening to bomb the internet back into the stone age with draconian plans which keep emerging under the guise of various proposals such as the Anti-Counterfeiting Trade Agreement (ACTA), Stop Online Piracy Act (SOPA), Protect IP Act (PIPA) and the Cyber Intelligence Sharing and Protection Act (CISPA)….

In November 2012 Australian citizens still struggle to get a definitive response from the Federal Attorney-General as to how law enforcement and intelligence agencies will ensure that they are not inappropriately gathering personal information on individuals when they wish to access to the following data without having to automatically apply for a warrant before each request to Internet Service Providers.

Definition of Telecommunications Data

From the Joint Parliamentary Committee on Intelligence and Security

 Inquiry into potential reforms of National Security Legislation

This type of unlawful behaviour by NSW North Coast police is not acceptable

One instance of NSW North Coast police assaulting a person in their custody has broken free from the hidden pool of local knowledge and made it into the full light of day.

Magistrate David Heilpern yesterday released the damning security footage of the attack, saying it clearly showed officers had lied about being assaulted by Aboriginal man Corey Barker.
Officers had previously told the court that the footage was unavailable as it was damaged - only for the court to ultimately ''repair'' it and play it to the hearing.


http://media.smh.com.au/news/national-news/police-bashing-in-ballina-cell-3541663.html

David Heilpern is to be commended for supporting the citizen's right to know how state institutions and their personnel conduct themselves.

Former Australian Prime Minister John Howard and his ministers have questions to answer

There always was a political stench attached to the Howard Government in relation to its handling of Wheat Board trade contracts, which saw Government fail in its duty of care and allow a breach of UN sanctions which aided Saddam Hussein by corruptly paying $300 million in kickbacks to the Iraqi regime.

Unease over the role of the Prime Minister and his ministers was apparent before, during and after the Inquiry into certain Australian companies in relation to the UN Oil-for-Food Programme

This article wafts that stench under voters’ nostrils once more.

In The Sydney Morning Herald, 7 June 2012:

THE man who led the Australian Federal Police investigation into the AWB scandal has alleged he was offered a promotion to shut down the inquiry.
In an explosive statement lodged with the Federal Court, the former AFP agent Ross Fusca said another senior officer told him that if he could ''make the oil-for-food taskforce go away, he would be appointed as next co-ordinator''.
Mr Fusca, a 30-year AFP veteran, has declared the inquiry into the wheat marketing body was never given enough resources and was shut down prematurely.
And he has alleged the police's AWB taskforce - which ran from late 2006 to August 2009 - had a high-level political informant who indicated that federal government officials were aware of AWB's payment of kickbacks.
In an interview with the Herald and ABC television's 7.30, Mr Fusca said he believed the offer of a promotion represented an improper inducement.
Mr Fusca's Federal Court claim also alleges that a day after the offer of promotion was made, another senior AFP officer pressured him into
Court documents state: "[The officer] insisted that the brief be completed by April 2009, claiming that the taskforce was out of budget. The applicant [Mr Fusca] maintained his position that an April 2009 deadline for the brief was unachievable" and that the earliest it could be finished was December 2009.
In a statement last night, the AFP said it was aware of Mr Fusca's claims, but that it could not comment.
The AFP shut down the taskforce in August 2009, handing responsibility for the case to the corporate watchdog ASIC………………..
The federal police-led taskforce was set up in late 2006 as a result of the Cole Royal Commission. The commission found that AWB Limited and some of its executives had corruptly paid $300 million of kickbacks to the Iraqi regime of Saddam Hussein, but that no Australian government officials knew of these payments. But Mr Fusca said a credible political informant had provided the AFP with intelligence that suggested ''senior government officials were aware … of the kickbacks''.

Opposition leader Tony Abbott, a Cabinet Minister in the Howard Government from 2001-2007, has set the I know nothing tone for Liberal Party and Nationals response:

"I'm just not aware of those reports, just not aware of them. [I'm] afraid I haven't yet read the newspapers, not aware of that report, so I just can't comment on it,"

Dodgy $20 notes doing the rounds in Lismore area

NSW Police Force media release 22^nd  April 2012

“Detectives on the state’s north coast are conducting inquiries after a number of fake $20 notes were found in circulation in the Lismore area.

A number of business owners contacted local police on Friday (20 April 2012) after the counterfeit notes were used to pay for good and services.

The phony cash was detected by staff at a Lismore kebab shop, pub, convenience store and fast food restaurant, and by two taxi drivers.

Detectives have launched an investigation in a bid to identify who’s responsible for producing them.

The counterfeit notes, totalling $240, have also been seized for forensic examination.

Richmond LAC Duty Officer, Inspector Robert Cairnduff, warned local residents and business owners to be on the lookout for the notes.

“I would encourage everyone to be extra vigilant when handling their money and if you do notice something odd or that doesn’t look quite right, please contact us immediately,” Insp Cairnduff said.

“The counterfeit notes that we have seized are not of great quality; however, in poor light or to the unsuspecting eye they could quite possibly be passed off as the real thing,” he said.

Inquiries by local detectives are ongoing.

Anyone with information that might assist investigators is urged to contact Lismore Police Station or Crime Stoppers on 1800 333 000.”

Steven Rhett Cansdell, retired NSW Nationals MP. The story so far....

In 2003 Nationals candidate Stephen Rhett Cansdell was elected to the NSW Parliament representing the Clarence electorate.

In 2005 he was caught on a Roads & Traffic Authority camera, driving in excess of the speed limit on the Pacific Highway at Woodburn NSW.

He subsequently made a false statement to a NSW Government agency in order to avoid losing his driving license. This false statement was made in a signed statutory declaration presented to that agency.

A part-time member of his electoral staff was allegedly induced to falsely agree that she had been driving the car when it was caught by the speed camera.

In 2007 he was elected to the NSW Parliament for a second time and in March 2011 he was returned as the Member for Clarence for the third time.

In between that time, he reportedly went on to lose his licence in 2009 after he was pulled over for doing 100kmh in an 80kmh zone at Clarenza. [The Daily Examiner,7 October 2011]

In April 2011 Cansdell publicly attacked a Local Court magistrate hearing charges relating to the Yamba riot, calling him pissweak and his decision a total travesty of justice. [North Coast Voices, 15 April 2011 and ABC North Coast NSW,13 April 2011]

On 16 September 2011 Steve Cansdell resigned his seat and, his position as Parliamentary Secretary for Police and Member of the Legislative Assembly Committee on Economic Development.

He left with the full financial benefits accruing to a Member of the NSW Legislative Assembly who had been in that position for eight years, five months and twenty-eight days.

On the morning of the day he announced his retirement, Mr. Cansdell was said to have attended Grafton Police Station and made a formal confession. Sometime later NSW Police commenced an investigation [The Daily Examiner,17 November 2011].

In the print, radio and television mediums Mr. Cansdell publicly admitted his wrongdoing.

He also admitted that he had avoided the driving license penalty because he wanted a "clean slate" in the lead up to the next election. [The Daily Examiner,7 October 2011]

He further admitted that he would probably never have confessed to his crime if a whistle blower hadn't drawn attention to it. [ABC North Coast NSW,22 November 2011]

So on one hand we have a former Member of Parliament who by his own admission broke the law and, as an undiscovered political miscreant twice successfully stood for re-election in part on a law and order platform. In the 2011 election campaign it was reported that Mr Cansdell said people were fed up with a system of law and order which failed to effectively demonstrate to people that actions had consequences. [The Casino Times,10 March 2011]

On the other hand we have an O’Farrell Coalition Government that did not suspend this government member when he confessed to the Deputy-Premier and, a parliamentary political party which did not expel him and continues to publicly support him despite his admitted wrongdoing.

A category of wrongdoing which is included in the Criminal Code and an act which a reasonable person might say brought State Parliament into disrepute.

Then in 2012 we have a NSW Director of Public Prosecutions who decides to ignore the fact that the false statement was made to a state agency in order to gain a benefit and refers the matter to the Commonwealth – because the statutory declaration form used was apparently one created under the C’wealth Statutory Declarations Act 1959 and not the NSW Oaths Act 1909. Mr. Cansdell apparently having elected not to use the form sent out with the NSW Office of State Revenue State Debt Recovery penalty notice. [NSW Attorney General and Minister for Justice in Hansard,7 March 2012 and NSW Office of State Revenue,2012]

According to The Daily Examiner on 7 March 2012; Late Wednesday the NSW Police Media Service released the following statement: "After receiving internal legal advice, the NSW Police Force will tomorrow hand over the brief of evidence in the Cansdell matter to the Commonwealth DPP. The office of the Commonwealth DPP declined to comment.

To be continued...........