IN LIMBO: NSW Independent Commission Against Corruption reports on Operation Credo & Operation Spicer investigations

To misquote a well known saying; the mills of justice grind slowly. So it is likely that voters in New South Wales will cast their ballots in the 28 March 2015 state election without knowing the Commission's recommendations regarding those politicians, political staffers and businessmen identified as having behaved in an allegedly corrupt manner.

These three media releases and one newspaper article encapsulate the legal difficulties facing current and possibly future corruption investigations by the NSW Independent Commission Against Corruption.

ICAC Operation Hale public inquiry

Friday 5 December 2014

Today's majority decision of the NSW Court of Appeal with respect to the NSW Independent Commission Against Corruption (ICAC)'s Operation Hale public inquiry fundamentally affects the scope of the Commission's powers to conduct investigations into corrupt conduct.

It is critical to the exercise of the Commission's powers generally that the construction of section 8 of the ICAC Act is settled.

Accordingly, the ICAC will seek leave to appeal to the High Court of Australia.

The Commission will be making no further comment at this stage.

Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801

Statement regarding Operations Credo and Spicer

Friday 5 December 2014

The majority decision in Cunneen v ICAC [2014] NSWCA 421 fundamentally alters the basis of the Commission's powers with respect to significant parts of Operations Credo and Spicer.

 The Commission is seeking special leave in the High Court of Australia as a matter of urgency.

 Until the proceedings are resolved, the Commission will not complete the reports in Operations Credo and Spicer.

 The Commission will be making no further comment at this stage.

Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801

HIGH COURT OF AUSTRALIA

COURTROOM, LEVEL 23

Law Courts Building, Queen's Square, Sydney

FRIDAY, 12 DECEMBER 2014

AT 2:15 PM

BEFORE HIS HONOUR CHIEF JUSTICE FRENCH

INDEPENDENT COMMISSION AGAINST CORRUPTION V CUNNEEN & ORS

Matt Grey

Deputy Registrar

The Sydney Morning Herald 12 December 2014:

The High Court is set to have the final say about whether the Independent Commission Against Corruption can investigate Crown prosecutor Margaret Cunneen over allegations she perverted the course of justice.

Chief Justice Robert French on Friday referred the commission's application for special leave to appeal a ruling shutting down its investigation into Ms Cunneen, SC, to the full court of the High Court, which will hear the appeal in March.

How much did Prime Minister Abbott's travel itinerary cost taxpayers in the first half of 2014?

Looks good doesn’t it? Nada costs for Tony’s domestic air flights and no plane charters according to the Summary of Parliamentary Expenditure for the first half of 2014.

Except that the gentleman in question often costs Australian taxpayers $1,000 plus for domestic flights in his VIP special purpose aircraft – and that’s by splitting the nominal (rather than actual) flight cost between him and every member of his entourage.

Then there are the ghost flights when an empty VIP special purpose aircraft has to pick up the Prime Minister, Ministers, MPs or the Governor-General away from Canberra or for an empty aircraft to return to its Canberra base.

These empty plane costs appear typical:
$14,520 Canberra to Perth
$12,540 Kununarra to Canberra
$12,540 Canberra to Tindal
$12,210 Darwin to Canberra
$11,220 Tindal to Canberra
$11,220 Pearce to Canberra
$6,270 Maryborough to Canberra
$5,610 Canberra to Maryborough
$4,950 Canberra to Adelaide
$4,290 Adelaide to Canberra
$2.640 Melbourne to Canberra
$1,980 Canberra to Sydney
$1,980 Sydney to Canberra

So when Abbott flies from Canberra to Sydney (with members of his personal staff in the 2013-14 end of year parliamentary break) for a total of $1,350 - it will cost taxpayers an additional $2,310 to fly the aircraft and crew back to Canberra.

Rather obligingly the Royal Australian Air Force makes its records public:

Schedule of Special Purpose Flights 1 Jan 2014 to 30 Jun 2014 by clarencegirl

Abbott Government's Clean Energy Future Plan expected to increase Australia's greenhouse gas emissions by 49-57% before 2021

This is what Australian Prime Minister Tony Abbott told The Guardian on 13 November 2014 when questioned about the Coalition Government’s Direct Action Plan and Emissions Reduction Fund (ERF):

“We are actually cutting our emissions and as a result of the Direct Action policy, which passed through our parliament in the last couple of weeks, I am absolutely confident that we will deliver on our target of a 5% cut by 2020. This is what we want – we want real action and that’s exactly what the world will get from Australia.”

This is Climate Action Tracker’s assessment of the Direct Action Plan on 11 December 2014:

In a world first for climate policy, the Australian Government repealed core elements of Clean Energy Future Plan, effectively abolishing the carbon pricing mechanism, sought to reduce the Australian renewable target, and block other clean energy and climate policy measures in Australia. The carbon pricing mechanism introduced had been working effectively, with emissions from the electricity and other covered sectors reducing by about 7% per annum.

Up until the time of repeal, the implemented climate policy was effective and was projected to have been sufficient to meet Australia’s unconditional Copenhagen pledge for a 5% reduction from 2000 levels by 2020. Our new, post-repeal assessment shows, however, that this target is no longer in reach and the currently proposed new legislation will result in emissions increasing by 49-57% above 1990 levels. Set against Australia’s pledge base year of 2000, the repeal of the climate legislation by Australia will likely lead to an increase of about 12-18% above year 2000 base level emissions, rather than the 5% reduction pledged….

Figure 1 - Historic emissions, Copenhagen pledge, Kyoto commitments, and current emission trends in Australia

Click on image to enlarge

Full Climate Action Tracker assessment here.

Something to think about as the fortunate among us tuck into festive season dinners and open presents

The Guardian 11 December 2014:

For all the slogans and military operations, over 54,000 people have boarded boats across the Indian Ocean this year, with around 20,000 in just the two months of October and November. As much as Morrison may gloat, the boats haven’t really stopped.

The point you won’t see on any media release or hear at a doorstop press conference is this: even if people haven’t drowned on the way to Australia, they’ve still drowned. Because people fleeing countries in the region are still getting on boats……

According to the UNHCR report on Irregular Maritime Movements in South-East Asia, over 50,000 people set sail just from the Bay of Bengal area in January-November 2014. The smugglers operating in the region move people who are trafficked as well as those paying for passage outside of legal migration channels. The latter includes people such as ethnic Rohingya who do not have any nationality (and therefore no official travel documentation) and have a long history of persecution and discrimination by the Burmese government.

The UNHCR estimates that around 21,000 people have departed from the Bangladesh-Burmese maritime border in the two months of October and November 2014. About 10% were women, and around one-third of arrivals interviewed by UNHCR in Thailand and Malaysia were minors. The numbers for October 2014 are a marked increase (37%) from the year before. 

And not all the deaths at sea are merely from drowning, according to the report:

“One in every three interviewees said at least one other passenger on their boat died en route; one in every 10 said 10 or more people died on board. Deaths were attributed to severe beatings by the crew, lack of food and water, illness, and heat.”

Globally, around 350,000 people have risked it all by taking a boat this year. On 10-11 December 2014, UNHCR is hosting a meeting looking specifically at protection at sea. The non-governmental organisations taking part have recommended, among other things, that to implement effective protection and ensure safety at sea, it is vital to “address ‘route causes’ and ‘root causes’ of forced and dangerous migration”. 

UNHCR notes that these reasons for irregular movement include: conflict and war, protracted refugee situations, statelessness, the absence or inadequacy of protection systems, family separation, poverty and economic inequality.

What is notably absent from all the recommendations to “stop the boats” from these experts is deterrence, which in Morrison’s parlance is also known as “taking the sugar off the table”. This was of course the honourable minister’s reasoning last month for reducing the number of refugees Australia would resettle from Indonesia and banning those who registered with UNHCR in Indonesia after 1 July 2014 from ever getting to Australia.

Sweet though that poison may be (and poisonous is certainly how one can characterise the way Australia treats those who come across the sea), no refugee is paying a people smuggler for any sort of benefit other than getting the hell out of the hell they were in. 

                        

At the opening of the UNHCR meeting yesterday, the High Commissioner for Refugees António Guterres said, “You can’t stop a person who is fleeing for their life by deterrence, without escalating the dangers even more”…..