Haneef “Not Uninnocent”

Haneef “Not Uninnocent”

 

The materials available to me

While there are inferences that are available from the material I have, I am of the view that they are not sufficiently strong to exclude reasonable hypotheses consistent with innocence.”

– Damien Bugg, DPP

Did the Government interfere in any way with the investigation of Haneef, the charges brought against him and the withdrawal of his visa?

I am advised to aver that there are inferences that may be drawn from the material that is available and that such inferences are not inconsistent with any number of hypotheses, including that Mr Howard may have jumped up and down with glee when Dr Haneef was apprehended at the airport, that Mr Ruddock lit the black candle, donned his black hood, rubbed his skeletal hands with grim and cold satisfaction and began practising his hangman’s knot, and that Kevin Rudd said, “Shit! another wedging attempt! Memo to troops: say nothing and do nothing!” However, I am also bound to assert that whilst such hypotheses may not be inconsistent with the materials available to me, the material is at the same time not inconsistent also with other hypotheses which are themselves not inconsistent with innocence and which a reasonable person may think do not exclude the possiblity of lack of guilt.

You mean they were probably all over the Haneef affair like a rash but you can’t prove it?

Your hypothetical distillation of my exposition of the matters pertinent is unable to be confirmed by the person standing before you.

Why not?

I am not unconstrained by the requirement to utilise linguistic circumlocutions characterised by the passive voice, double negatives, arcane concepts and elaborately constructed sentences designed to confuse and obfuscate thereby ensuring that recipients of such communications are not unmistaken as to the purport of the communiqué.

You have to bloviate.

It may be not incorrectly hypothesised that a reasonable person might form the inference that the proposition which has been put by my interlocutor is sufficiently persuasive as to have a reasonable prospect of securing a conviction.

Meanwhile, Kevin Rudd is reported¹ to have commented,

“Fuck! Fucking fuck! How the fuck can I fucking well claim a fucking moral victory now? Who’s the fuckwit who told me to say nothing, do nothing? Why didn’t the fucking bastards tell me they were going to fuck the whole fucking business up! Cunts!”

¹Whilst there are inferences that may be drawn from the material available, we are of the view that they are not sufficiently strong to exclude reasonable hypotheses consistent with Mr Rudd’s innocence of the use of the quoted expletives.

Just Checking our MASSIVE STUFF-UP

Just Checking our MASSIVE STUFF-UP

A note about the Haneef debacle/fallout…

 

The police and the government — notably Howard, Andrews, Downer and Ruddock (all of whom would have purple dye on their hands if they stole a briefcase instead of hijacking the brief on Haneef )  — have been constantly calling for the public and the law fraternity to “back off”, “take a cold shower”, “leave the legal process to run its course”, etc. etc.

They have been saying that the attacks on the police, the DPP and the government have been unethical, despicable and improper and compromising due legal process and the possibility of Haneef receiving a fair trial.

WE WUZ RIGHT all along and THEY WUZ SO WRONG.

There was sufficient error in the process and the handling of the case to cause serious disquiet to the very people who were calling for non-interference.

The case against Haneef is being reviewed by the DPP and the visa cancellation is being reviewed by the police.

It can’t be overstated, really, that the cancellation of Haneef’s visa by Kevin Andrews was a guilty verdict before any evidence had been tested at all, let alone in a court of law. And in fact, as Andrews said, the verdict of a court was irrelevant to his personal determination of Haneef’s guilt (by association, in fact) on the hearsay evidence of the police.

Haneef could not have had a fair trial.

If everyone had followed the police and ministerial advice, warnings and threats not to interfere, the police case would have gone unchallenged. Even in a court the purported ultra-secret police “evidence” would have gone unchallenged by the defence. We would have trusted our government’s “integrity” and meekly believed our politicians when they swore they did not have their hands in the legal till.

We were right not to trust them.

Not because Haneef is innocent – that hasn’t been tried – but because such people must never be allowed to get away with the kind of sloppy, political, vested-interest, dishonest subversion of the law in general and a bad law in particular.

Not for me. Not in my name.

DIC to the Rescue!

DIC to the Rescue!

Life-Hack: How to satisfy yourself!

  

We reported yesterday [Black Breath of the Nazgûl] that the terrorist legislation implicitly requires you to satisfy yourself that anyone to whom you provide a service, item or product of any kind —

 which might conceivably be deemed at some future time to be a “resource” which might conceivably be used in a terrorist act by a terrorist or a terrorist organisation, or what might conceivably be deemed a terrorist organisation, at some indeterminate time in the future –

 you are required, as we say, to satisfy yourself that the person or organisation to whom you provide such a “resource” is not, or may not in the future turn out possibly to be, a terrorist or terrorist organisation.

 It is of no interest to the AFP, the DPP, the Minister for DIC, or the Nazgûl, whether you provide the resource in Australia or overseas, or whether the ‘terrorist act’ is, or may, occur in Australia or some other, crappy, country (like England).

 Nor do you have to be an Australian citizen.

 If you are in Australia now, whatever crappy other country you came from, you can be charged with anything you did anywhere in the world which resulted in an unfortunate and unforseeable outcome  — again, anywhere in the world.

 Naturally this has alarmed many people who wish to carry on business, and normal social and commercial intercourse with their other human beings including family, with the least amount of disruption.

 How, for example, in the event that you are ‘visited’ by the AFP, can you convince them that you were not “reckless” concerning the terroristic nature, dark inner thoughts, connections and intentions of everyone to whom you give or sell something?

 How, that is, are you expected to satisfy yourself that someone to whom you give or sell anything is not a terrorist or a member of a terrorist organisation? And how are you to satisfy yourself that the person could or would not find some nefarious way to put your innocent “resource” to some dastardly use?

 Well…

 It is apparent that the Govermint has been taking heed of the warnings of Values Australia!  The Department of Mateship has come to the rescue! It has produced the simple Form 1984 which you can give to your prospective giftee or customer to fill out while they wait.

DIC understands that this may result in some delays at, say, Bunnings checkouts but points out that it’s all for your own good and that safety and security are far more important than your personal sense of entitlement to such trivialities as freedom, liberty and other so-called “rights”.

 The government will keep you safe no matter what it costs you!

 This form is all you need to ensure that you cannot be charged with being “reckless” as to whether the person is a terrorist or a member of a terrorist organisation. Never mind whether the person lies on the form. The form itself is sufficient. A bureaucratically measurable tick in a box beats reality hands down every time.

 Ideas: Put a pile of Form 1984s on your counter, pre-ticked for efficiency.

And if you’re travelling overseas on a working holiday, take a bunch of Form 1984s  with you just in case.

 View Form 1984 here

Black Breath of the Nazgûl

Black Breath of the Nazgûl

AKA Phillip Ruddock  AKA ‘Dock Vader

How dare ordinary ‘people’ have “views!” 

 

Asked on Southern Cross radio whether the case was a mess, he replied:
“No, what I think has happened is that people who have views about the nature of the law are determined to try and bring it into disrepute. That’s what I think is happening.”

Yes, that is exactly what is happening in some quarters.

Those who believe that they own the law and that the law is a tool for re-election, or for legal validation of unethical and immoral policy, or for the pursuit of personal agendas, are certainly bringing it into disrepute.

Elsewhere, what is happening is that — by revealing information about the way the law is being used and abused, and by debating processes and procedures — people who care about the law and its already tenuous relationship with “justice” are illustrating how the law is a bad law, how the law is being used disreputably and how the law in general is being debauched by the government and its stooges.

For your interest, if any, here are the relevant sections of the Crimes Act that relate to Haneef’s charge:

102.7 Providing support to a terrorist organisation…..

(2) A person commits an offence if:

(a) the person intentionally provides to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in this Division; and(b) the organisation is a terrorist organisation; and(c) the person is reckless as to whether the organisation is a terrorist organisation.

Penalty: Imprisonment for 15 years.

_________________
terrorist organisation means:

(a) an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act occurs); or
(b) an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2), (3) and (4)).

_________________

“member” of an organisation includes:

(a) a person who is an informal member of the organisation; and

(b) a person who has taken steps to become a member of the organisation; and

(c) in the case of an organisation that is a body corporate–a director or an officer of the body corporate.

_________________

terrorist act means an action or threat of action where:

(a) the action falls within subsection (2) and does not fall within subsection (3); and

(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and (c) the action is done or the threat is made with the intention of:

(i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or

(ii) intimidating the public or a section of the public.

_________________
(2) Action falls within this subsection if it:

(a) causes serious harm that is physical harm to a person; or

(b) causes serious damage to property; or

(c) causes a person’s death; or(

d) endangers a person’s life, other than the life of the person taking the action; or

(e) creates a serious risk to the health or safety of the public or a section of the public; or(

f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:

(i) an information system; or

(ii) a telecommunications system; or

(iii) a financial system; or

(iv) a system used for the delivery of essential government services; or

(v) a system used for, or by, an essential public utility; or

(vi) a system used for, or by, a transport system.

(3) Action falls within this subsection if it:

(a) is advocacy, protest, dissent or industrial action; and

(b) is not intended:

(i) to cause serious harm that is physical harm to a person; or

(ii) to cause a person’s death; or

(iii) to endanger the life of a person, other than the person taking the action; or

(iv) to create a serious risk to the health or safety of the public or a section of the public.

Note that the law clearly requires you to satisfy yourself  that any person to whom you render a service or a “resource” which may conceivably assist a member of a terrorist organisation to perform, or conceive, or plan, or prepare, or assist a terrorist act — a packet of nails, say, or a bottle of Ammonia, or a map, or a tank of petrol — is not a member of a terrorist organisation. And the evidentiary burden that you took sufficient steps to satisfy yourself of this probably rests with you.

Luckily for the government, it could be argued (although we don’t) that the Government itself would be guilty of a “threat made with the intention of advancing a political, religious or ideological cause”, “coercing, or influencing by intimidation”, “intimidating the public or a section of the public” if it weren’t for subsection (3).

On the other hand, it could also be argued, surely (although we don’t), that the government’s invasion of Iraq was intended “to cause serious harm that is physical harm to a person and to cause a person’s death, and to endanger the life of a person, other than the person taking the action” (who was safe in Canberra), and “to create a serious risk to the health or safety of the public or a section of the public” (at least the Iraqi public).

The SIEV X-Factor

The SIEV X-Factor

“A Certain Maritime Incident”

 

Richard Fidler interviewed  Tony Kevin on ABC’s Conversation Hour  last week.
Tony Kevin is an activist who was one of the driving forces behind the campaign to uncover, and especially to tell, the truth about the sinking of the SIEV X in which approximately 353 children, women and men drowned.

He was a highly commended and respected Ambassador, including to Russia, and to Cambodia in the 90s. He has written a book, Walking the Camino, about the experience of travelling the pilgrim route from Andalusia to the north of Spain.

However, his reputation as a diplomat was no defence against the vitriol which was spat at him when he dared question the government’s morality and border protection policies.

  I guess I identified very closely with the human rights of refugees and Australia’s obligations… I was denounced in the parliament as a person of no credibility; I was abused by three senators in a senate committee…”

But Tony Kevin said some things that really struck a chord with us.

  In a democracy every citizen is responsible for the conduct of their government and if their government behaves in unethical or even criminal ways every citizen has a responsibility within their capacity to challenge that and that’s why I was one of the forty-three former diplomats and former senior military personnel who signed the statement condemning the Australian involvement in the war in Iraq, which I believe was a criminal activity. And I guess you’ve just got to basically, sometimes, stand up and be counted. That’s the entry ticket we pay for continuing to enjoy a democracy.

And he says something about the illusion in which we all, journalists and pundits included, live and take for granted – that while most of us are decent and reasonably honest and fair-minded we assume politics and politicians are also.

Many of us have assumed that what has been going on in Australian politics has been business as usual with a right-wing twist. We have been in denial, in our complacency, that what has been going on in the past eleven and a half years has in fact been a shift to the extremist right and the debauching of basic Australian political and civil service standards. Surely there could not have been such a shift, not in our country.

Tony Kevin saw it clearly.

  What I’ve tried to do myself is to challenge the idea that the last eleven years have been years of normality. I don’t believe they have. I believe they’ve been years of moral dysfunction in Australia and to the extent that I can continue to convey that, without blaming people, without pointing fingers at people, I plan to continue to do that.

In fact, in a speech at the Manning Clark House Weekend of Ideas in April, Kevin spoke about the fragility and transparency of our illusion about our system and our way of life.

  Confronting the SIEV X cover-up forced me to look down into the abyss that lies beneath our “presumption of regularity” – the phrase is Jack Waterford’s – a presumption that we rely on in our daily lives in society.

I understand now that my exposure to this abyss was a full grief trauma…Walking through Manuka, seeing people enjoying themselves in restaurants, I wanted to scream — “Wake up to the horrors of what our government is doing to defenceless people in our names! How can you still pretend that we live in a normal decent country”? It is hard to look into that abyss for a long time without damage, without succumbing to depression or self-destructive rage.

In this speech he also described what happened to him as a result of his outspoken dissent and activism.

  These are the refugee dissent suppression strategies I encountered:

 

1. Put out claimed facts that are actually untrue, relying on the public’s presumption that governments normally do not lie to the public, except in grave national security emergencies.

2. Force truth-seekers into the roles of advocates or activists. Blur debates about the facts in specific cases of abuse of human rights, by trying to move the debate into unresolvable discussions about values.

3. Drive wedges to weaken the solidarity of dissent. Use frightener words to marginalize and discredit passionate or influential dissenters, words like “extremist”, “fanatic”, “conspiracy theorist”, “Howard-hater”, “disloyal”, “un-Australian”.

4. Workplace or NGO-funding sanctions. Implied threats against those in government or government-funded employment, or threats to cut off funding to NGOs that support refugee activism.

5. Guilt trips. Accuse dissenters of prolonging victims’ distress through holding out false hopes, or of undermining national security. Play games with dissenters’ minds, aimed at undermining their belief in the justice of their causes. Seek to make them feel more isolated.

6. Never give credit to dissenters when they succeed. Always pretend that any decisions to soften the system were not taken under pressure.

 

On point 1, the SIEV X public history is full of examples of false and shifting stories put out by government:

 

On where the boat sank: First, that it sank in Indonesian waters. Later, that “we don’t know where it sank”. Then, an admission that it sank in international waters. But then, a later reversion to “we don’t know where it sank”.

 

On what we knew about the voyage. First, that we knew nothing till we saw the TV news of the sinking. Then, that we knew the boat was coming, but we did not know when or from where. We cannot tell you what we knew, because it’s intelligence; or, because it is the subject of an ongoing investigation. Or a variant from Mick Keelty: that you will just have to take our word for it that we did not know about the boat until it was too late to save the passengers. Because it’s “operational”, we cannot offer proof of this claim.

 

Were we expecting the boat? Yes, we were expecting the boat at Christmas Island on 21 October and that is why we sent a distress message to Indonesian Search and Rescue when it failed to arrive on time. But later – no, we did not put out a distress call to the ADF or to all shipping, because we then assumed that the boat had never left or it had turned back.

 

Did we ever look for the boat? No, we didn’t. Yes, we did – and here to prove are the RAAF surveillance maps and records of boat sightings, plastered all over the front page of the Weekend Australian on 29 June 2002, when media concern about SIEV X was at its peak But later – Yes, we did fly over the area, but only as part of routine RAAF surveillance patrols, because our aircrews were never tasked to look for a missing boat. And the flight charts and sightings data we tabled in the Senate and that the Senate accepted as fact were really just approximate flight paths. No, you cannot see our aircrew flight reports or know the names of the crews, because that’s all classified information. And according to the Defence Minister in 2005, the evidence the ADF gave in 2002 — despite all the conclusively forensic analysis by Marg Hutton of its many inconsistencies — was the whole truth.

 

Do we know the names of the dead? Initially, as reported — the UNHCR is preparing and collating lists of the dead and survivors. Later from the AFP — there are no such lists. Later — there are some lists but it is unlikely they will ever be made public.

And so on and on. One phoney smokescreen was put up after another until a frustrated and jaded media abandoned the story, having found no way to distinguish between truth and lies.

You can read Kevin’s testimony to the Senate Inquiry into “A Certain Maritime Incident” at the SIEV X site.

Fidler asked Kevin whether his SIEV X research and advocacy since 2002 had been worth it.

  Yes. I think my work achieved useful results going beyond SIEV X. It helped more people to see the truth behind the now discredited myth that John Howard is just another Australian politician trying to do his job more or less decently. Australians know the real Howard now. I think my SIEV X research and advocacy helped to expose the ugly truth about this man.

Quite so.

 

 

WTF

WTF

What do we want? Freedom!

 

When do we want it? When it’s ok with the police!
Mr Howard, to his cheer squad at the Sydney Institute:

   Freedoms and rights, especially for women and children, are little more than cruel fictions without the rule of law and some semblance of social order enforced by legitimate authority”

What does this mean? Read it again.

Freedoms and rights rely on enforcement by legitimate authority? If they are enforced how can they be freedoms? How can they be rights?

As we have said before somewhere, any “freedom” or “right” which is in the gift of another and bestowed at their whim is neither truly a freedom nor a right but a favour dispensed as a reward for obedience to the rulers who own us.

Our freedom is our birthright and it is not in the gift of anyone, least of all an anally-retentive Little Lord Fauntleroy, a jumped up squirt like Howard.