Ashby and his backers get an early and unwelcome Christmas present.
Wednesday 19 December 2012
The pain is not over for Brough, McArdle, Pyne, Entsch & the rest of Abbott's merry men
Ashby and his backers get an early and unwelcome Christmas present.
Friday 14 December 2012
Antipodean Watergate: What did Tony know and when did he know it?
ABC AM Staffer accuses Slipper of sexual harrasment
In a statement issues this morning the Opposition Leader, Tony Abbott, said it was "incumbent on the Prime Minister to require him to stand aside until the matters were concluded before the courts"…. [my red bolding]
"The time on the date stamp is 10 hours behind AEST due to a technical problem."
This limited explanation does not explain why it was only the PC of one particular staffer which was affected and only one particular media release among the multitude Abbott sent out in 2012.
Dennis Shanahan finally loses any grip on reality
In the face of what is set out below, one wonders in what alternative reality this political editor now dwells if he can seriously apply the term “victim” to this man.
Justice Rares findings concerning Mal Brough in his Ashby v Commonwealth of Australia and Peter Slipper judgment of 12 December 2012:
136 …..Rather, Mr Ashby’s and Ms Doane’s conduct at that point indicated that he and she were anxious to supply information to Mr Brough and Mr Lewis so that they could use it to assemble an attack on Mr Slipper, if they could find sufficient material to do so, using the diary entries and other evidence…..
138 I am also satisfied that Mr Ashby and Ms Doane by about 29 March 2012 were in a combination with Mr Brough to cause Mr Slipper as much political and public damage as they could inflict on him….
141 Mr Brough was unlikely to have been offering to assist Ms Doane and Mr Ashby in seeing Mr Russell QC for advice or looking for new careers out of pure altruism. Realistically, his preparedness to act for them was created and fed by their willingness to act against Mr Slipper’s interests and assisting Mr Brough’s and the LNP’s interests in destabilising Mr Slipper’s position as Speaker and damaging him in the eyes of his electorate…..
142…. Certainly, the nature of the allegations that Mr Brough, Ms Doane and Mr Ashby had provided Mr Lewis in about late March and early April 2012 would have suggested to a political journalist that there would now be more than one news story about Mr Slipper to pursue….
146 Mr Ashby and Mr Lewis had planned that articles about Mr Slipper’s use of travel entitlements would be published shortly before these proceedings were filed. They both knew that Mr Lewis would be able to publish further articles on the subject matter as soon as it was filed in Court in the originating application. Ms Doane and Mr Brough had also discussed the timing and sequence of publication of stories by Mr Lewis. So much is clear from Mr Ashby’s texts to Mr Nagle of 10 April 2012, Glen of 11 April 2012 and Ms Doane’s email to Mr Brough of 10 April 2012: see [82], [90], [86]. The planning reveals that Mr Ashby calculated how he would attack, and use the press to attack, Mr Slipper.
147 Mr Ashby had planned with Mr Lewis, and probably separately with Ms Doane and Mr Brough, the sequence of publications so as to raise the more serious allegations in the originating process, after the stories of 16 April 2012 appeared. The timing of those 16 April stories was linked to when the originating application would be filed. Once Mr Ashby began seeing Harmers and went into “lock down”, Mr Brough and Mr Lewis became anxious to know when the proceedings would be ready to be filed. Hence their strenuous attempts to contact Mr Ashby once he began to act on Mr McClellan’s advice to filter media contact through him. Mr Ashby had emphasised in his text to Mr Lewis on 10 April 2012 that “We need to act fast mate”. And Mr Brough told Ms Doane on learning that, eventually, Mr McClellan would meet Mr Lewis “Everything will be fine”: [94].
196 Having read all of the text messages on Mr Ashby’s mobile phone, as Mr Ashby’s senior counsel invited me to do, as well as the other evidence, I have reached the firm conclusion that Mr Ashby’s predominant purpose for bringing these proceedings was to pursue a political attack against Mr Slipper and not to vindicate any legal claim he may have for which the right to bring proceedings exists. Mr Ashby began planning that attack at least by the beginning of February 2012. As Mr Ashby and Ms Doane agreed in their texts of 30 March 2012 what they were doing “will tip the govt to Mal’s [Brough] and the LNP’s advantage”: [66]. It may be a coincidence that Mr Ashby suggested to Mr Slipper the idea of becoming Speaker just as Mr Brough began to move towards challenging Mr Slipper for LNP pre-selection for his seat and Mr Ashby ended up in an alliance in late March 2012 with Mr Brough to bring down Mr Slipper after he became Speaker….
* Photographs found at Google Images
UPDATE:
Justice Rares found that Mal Brough had known in early April 2012 that an application was to be filed by James Hunter Ashby. Court records show that it was filed on Friday 20 April 2012.
This is what Oppostion Leader Tony Abbott told the media on 13-14 December 2012:
'I think that Mal Brough was perfectly and properly endorsed by the Liberal National Party. He's been quite transparent and upfront about his involvement and, as I said, the matter is now subject to appeal,'
Thursday 13 December 2012
Harmers produces an exercise in the pathetic
Statement by Harmers Workplace Lawyers
Wednesday 12 Dec. 2012
"Whilst of course we respect the court's decision, we are shocked and disappointed by it. We will argue strongly on appeal that the conclusions in his Honour'sjudgment made about our conduct of the case are simply not justified by the evidence. Neither myself, nor this firm, are part of any conspiracy.
Harmers Workplace Lawyers has over many years assisted thousands of individual,corporate and union clients to access justice.
We have assisted James Ashby in that same way, as an individual who could not otherwise afford to run very expensive litigation in our courts.
This is the sole reason we took on James Ashby's case. Politics played absolutely no role in the decision to take on James as a client. As I swore in my affidavit, and as recognised by his Honour in his decision, my political views are notconsistent with the conservative side of politics. We are a law firm, consciousof our professional obligations, and take no role in politics.
As a firm, we will be examining all avenues to have this decision, and its comments, overturned through due judicial process."
Michael Harmer
Harmers Workplace Lawyers
Michael is not available for further comment.
MEDIA CONTACT Anthony McClellan
AMC Media
Mob. 0433 122 360
anthonymcc@gmail.com
T: antmac9
Wednesday 12 December 2012
Is this the end of Mal Brough's renewed political ambitions? ASHBY v COMMONWEALTH OF AUSTRALIA and PETER SLIPPER - 12 December 2012 judgement
Excerpts from JAMES HUNTER ASHBY v COMMONWEALTH OF AUSTRALIA and PETER SLIPPER judgment:
199...I am satisfied that the exceptional situation that enlivens the Court’s power to dismiss (or stay) proceedings as an abuse has been proved to the heavy standard required: Williams 174 CLR at 529. The duty and power of the Court to protect its own processes require that I give effect to the findings I have made by dismissing the proceedings under r 26.01...
Monday 8 October 2012
Taking to the air
Friday 27 July 2012
After reading the documents it's hard not to think of this as a political conspiracy
ABC TV 7.30 Report 26 July 2012:
Wednesday 25 July 2012
Ashby argues the Constitution made me do it?
Granny Herald carried this last Monday:
“Michael Lee, SC, barrister for Mr Slipper's former media adviser, James Ashby, told the Federal Court he intended to argue Mr Ashby was justified in leaking Mr Slipper's diary extracts under the freedom implied in the constitution to publish material discussing government and political matters.”
Have hours of fun finding this implied freedom to leak in the Australian Constitution here.
Tuesday 3 July 2012
Tuesday 26 June 2012
What Manager of Opposition Business Christopher Pyne doesn't want canvassed in the Australian House of Representatives
Update
The Australian 27 June 2012:
LNP president Bruce McIver has conceded that Howard government minister Mal Brough approached him, and possibly party donor and mining magnate Clive Palmer, searching for a job for a Slipper staffer, believed to be Karen Doane, who in April proposed launching a harassment case against the Speaker.
The Queanbeyan Age 27 June 2012:
NEWS Limited and one of its journalists were involved in an elaborate plot to bring down parliamentary Speaker Peter Slipper, according to documents filed with the Federal Court.
The documents expose private communication between News political correspondent Steve Lewis and Mr Slipper's former staff member James Ashby, including one in which Lewis says: ''We will get him.''
The documents also reveal that News - the Australian arm of Rupert Murdoch's media empire - paid for Mr Ashby to stay in a Sydney hotel and meet Lewis on April 10 this year. In one text, the reporter told Mr Ashby: ''I will sort out payment'', and: ''Just tell hotel to book u in again and News will sort''.
Saturday 26 May 2012
Growing dirt pile is getting closer to NSW O'Farrell Government Resources and Energy Minister, Chris Hartcher - Part Three
It would appear that the Ashby virus is spreading……………….
The Sydney Morning Herald 19 May 2012:
POLICE are investigating a claim Senator Bill Heffernan assaulted an employee of Chris Hartcher, the NSW Energy Minister, in an alleged homophobic attack at a fractious Liberal Party meeting on the central coast.
Ray Carter, 67, has accused Senator Heffernan of assaulting him and, according to sources, vilifying him over his sexuality at a gathering of party members in the federal electorate of Robertson.
Senator Heffernan was acting as an emissary of Tony Abbott at the Breakers Country Club at Wamberal on May 3. A Liberal source said the pair had been seen to physically clash on two occasions during the evening and also alleged that Senator Heffernan had aimed ''homophobic slurs'' at Mr Carter. In a statutory declaration, Mr Carter alleges Senator Heffernan hit him on his shoulder, causing him to fall into his seat, and later saying to him: ''I didn't know you were a poofter.''……..
Mr Carter, who has been suspended from Mr Hartcher's electorate office over a donation scandal, waited nearly a fortnight to report the allegation to Gosford police.
Part One here.
Monday 21 May 2012
James Ashby sends it all to Twitter and Scribd
The former 60 Minutes veteran is now one of the most respected crisis management specialists in the country. Tough and competitive, McClellan represented Kristy Fraser-Kirk in her legal battle with David Jones and mine managers during the rescue operation at Beaconsfield.
Sunday 6 May 2012
Christopher Pyne, Mal Brough & James Ashby - the plot thickens
Liberal Party frontbencher and Manager of Opposition Business Christopher Pyne protesting his ‘innocence’ in The Sydney Morning Herald on 2 March 2012:
After a Gillard government campaign to link federal opposition MPs to the court action that led Mr Slipper to step down as Speaker, Mr Brough yesterday revealed he was briefly a confidant to Mr Ashby, even organising him legal advice, in the weeks before the adviser launched his explosive law suit against his then boss.
Mr Brough, who is standing for pre-selection in Mr Slipper's Queensland seat of Fisher at the next federal election, rejected speculation the Liberal National Party turncoat had been snared in a "honey trap" set by Mr Ashby with the backing of senior Coalition figures.
The one-time indigenous affairs minister in the Howard government, who lost his seat in the 2007 election landslide, revealed his role in Mr Ashby's court action as Labor stepped up its bid to tie Tony Abbott and Liberal frontbencher Christopher Pyne into setting up the Speaker.
In an exclusive interview, Mr Brough outlined the chain of events that led Mr Ashby to file his legal claim in relation to the sexual harassment he alleges to have suffered at Mr Slipper's hands, as well as the veteran MP's alleged misuse of taxi dockets, now the subject of an Australian Federal Police investigation…….
Mr Brough, who waged a two-year campaign in the LNP branch to oust Mr Slipper as candidate at the next election, said he had had little interaction with Mr Ashby before the "distressed" parliamentary adviser approached him. ….
Mr Abbott yesterday admitted that Mr Pyne, manager of opposition business, had sent an email to Mr Ashby after the pair had drinks in the Speaker's office on March 19. But Mr Abbott said Mr Pyne had not made further contact with Mr Ashby.
The Yass Tribune on went on to state on 5 May:
Monday 23 April 2012
Abbott on Slipper in 2011 - "He's a mate of mine"
It is hard to see Federal Opposition Leader Tony Abbott's recent statements concerning The Speaker Peter Slipper as anything other than hypocritical manufactured outrage, given he was still supporting this member of parliament during periods when other serious allegations had surfaced, including those mentioned in current court papers.
UPDATE:
Note:
Although Coalition political operatives were involved in approaching the media after Slipper became Speaker, Tony Abbott offers a carefully-worded denial of any Coalition involvement in preparing the Ashby sexual harassment case:
Mr Abbott says he has no knowledge of any coalition personnel helping to prepare the case against Mr Slipper.
Further update:
Slipper on Abbott via Twitter in April 2012.....