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Posts Tagged ‘AshyConspiracy’

#Ashby appeal, Day 1

In Ashby Conspiracy, Joan Evatt on May 3, 2013 at 6:52 AM
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James Ashby, flanked by his parents and his lawyer Michael Harmer at the NSW Supreme court for their appeal application. Photo: Kate Geraghty, Fairfax

By Joan Evatt

May 3, 2013

With the exception of Michael Harmer all the key players were there for the media to take quick photos and 15-second video grabs. Peter Slipper and James Ashby are starting to look a little frayed around the edges as they prepare to endure yet another round in this legal saga.

Yesterday was the first day of a two-day hearing by the Full Court of the Federal Court. Justices Mansfield, Siopis and Gilmour are concurrently hearing both the application for leave to appeal along with the more substantive issues of the appeal itself.

Justice Mansfield tipped the wink to the parties’ representatives as to how much time the court thought should be allocated to each of the lawyers. For Michael Lee SC, Mr Ashby’s counsel and the first legal cab off the rank, this was always going to be difficult. His job is to plough the field for the first time with no real indication of the legal hoops he may have to jump through when they are presented to him by any one of the justices presiding.

Lee’s argument is that Rares J. made three fundamental errors resulting in Ashby not being able to present his case in full and therefore ‘be determined on its merits.’ He put forward the view that Ashby had not received procedural fairness.

Lee argued that the finding of an abuse of process by Rares J was
flawed as the seriousness of that finding required an onus that was a ‘heavy one’. Rares J needed to be ‘cautious’ in his consideration of this issue and, according to Mr Lee, Justice Rares wasn’t.

Mr Lee further argued that Justice Rares adopted an ‘impressionistic view’ about Mr Ashby’s involvement in a conspiracy to harm Mr Slipper with inferences being drawn that compromised the fact finding process.

The third error in the Rares decision, according to Mr Lee, involved the conduct of Mr Ashby’s solicitor, Mr Harmer. This was dealt with comparatively briefly as Mr Harmer, now a party to the appeal, is being separately represented by counsel, David Pritchard SC.

Lee SC also raised concerns about Justice Rares’s rejection of unchallenged evidence. Mr Slipper was representing himself at the time Michael Harmer gave evidence and didn’t subject Harmer’s evidence to any cross-examination. Read the rest of this entry »

Perrett urges AFP to investigate #Ashby now, adds Abetz to list

In Ashby Conspiracy, Margo Kingston on March 20, 2013 at 12:56 PM
AFP Commissioner Tony Negus

AFP Commissioner Tony Negus

By Margo Kingston
March 20, 2013

EXCLUSIVE

Graham Perrett has written to the AFP demanding it resume its investigation into possible criminal activity surrounding the court action by James Ashby against the then Speaker of the House of Representatives Peter Slipper.

He has also added Liberal Senator Eric Abetz to  the list of people the AFP should investigate for possible involvement in an alleged conspiracy to abuse the judicial system to bring down the government, referring to an email provided by a member of the public.

On December 21 last year Mr Perrett referred Mal Brough, Christopher Pyne, Julie Bishop, James Ashby and Karen Doane to the AFP.

On February 14, the AFP said by letter it would not investigate until Mr Ashby’s application for leave to appeal, to be heard in May, was finalised.

The appeal concerns the correctness of Justice Rares dismissal of Mr Ashby’s case as an abuse of Court process. It does not concern any criminal activity before the case was lodged in Court, including the alleged theft of Mr Slipper diary.

Mt Perrett told AFHP: ‘This is not a situation for caution – this is a process that can only benefit by speed in investigation because the days are counting down to an election in which the good character of the players is a big issue. Time is of the essence and the investigation of possible criminal offences is completely different to the issue in the appeal.’

‘When Mr Brough opens a campaign office two doors down from Mr Slipper that is a statement by the Liberal Party that Mr Brough has done nothing wrong. I believe he is a conspirator in an plan to bring down the elected government and that he has no respect for our democratic institutions.’

Graham Perrett

Graham Perrett

Letter from Graham Perrett MP to AFP Commissioner Mr Tony Negus Read the rest of this entry »

Did Mr Pyne stay or leave the room?

In Ashby Conspiracy, Jane Cattermole, Margo Kingston, Tony The Geek on February 3, 2013 at 10:07 AM
Mr Pyne doorstop Adelaide February 3, 2013
Today the Prime Minister has serious questions to answer about how she intends to govern for the next seven months with what is clearly an unravelling government. The Prime Minister needs to confirm whether by elections will be held in the normal course of events, say within two to three months of a resignation and not held off til September in order to keep the Prime Minister’s tenuous hold on power in place. We know that we’ve had the resignations of Nicola Roxon and Chris Evans. We know that Peter Slipper and Craig Thomson are under a legal cloud. Robert McClennand has announced his retirement and has said he’ll be applying for jobs that will take him out of the parliament. There are rumours of other Labor MP’s and frontbenchers to follow and the Prime Minister is leaving very vague whether she will pursue the normal course of events which is by elections within one, two or at most three months of  resignations or whether she’ll hold those off until September 14th election date. That’s not good enough for the Australian public.

This government is starting to resemble a scene from “Downfall” and  the Prime  Minister is presiding over a divided and dysfunctional government.
The Coalition on the other hand has a plan for all for a safe, secure Australia and a strong and prosperous Australia.

We want the government to get it’s act together because if this wasn’t so serious it would be funny. 

Did Mr Pyne stay or leave the room?

Liberals Ashby wall of silence cracks….

In Ashby Conspiracy, Margo Kingston on February 2, 2013 at 4:41 AM

First Labor – Liberal media debate on the Ashby Affair: Lateline transcript February 2,

David Bradbury-v-Christopher Pyne
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http://www.abc.net.au/lateline/content/2013/s3681711.htm


Margo Kingston comments in red

DAVID BRADBURY: … Can I make the point, there is one word I would like to
remind Chris of and that’s Ashby and his involvement in the Ashby affair, but
more particularly the way in which Tony Abbott continues to stand by Mal
Brough. Now, whatever people say about Craig Thomson, these are very
serious matters and they will be progressed through the court system, but
when it comes to Mr Brough, he is a man that has an adverse finding from a
Federal Court case, he is not in the Parliament, he is not there as a result of
the people electing him into that place, he is out there as a Liberal candidate,
Mr Abbott has within his power the authority to bring that to an end, to send
Mal Brough walking if he wanted to do that, and in fact the sort of, the moral
purity that you have Chris pretend that the Coalition have on this issue would
dictate that that is exactly what Mr Abbott should do.

EMMA ALBERICI: Christopher Pyne, how comfortable are you then sitting
potentially next to Mal Brough in a Liberal Government

CHRISTOPHER PYNE: There are two factual things that David Bradbury has got
wrong and I can understand that in desperation to hide the fact that he was a
great supporter of Michael Williamson and Craig Thomson and that is that
Craig Thomson still is a member of the Labor party. He’s simply been
suspended from membership.

DAVID BRADBURY: Tell us about the drink that you had had with Ashby that
you didn’t have and the email that wasn’t sent, tell us about those things. I
won’t be lectured by you, Christopher Pyne, someone who has been outed for
having lied on that issue when it comes to questions of moral propriety. It is
about time you answered a few questions on those issues. And frankly…

CHRISTOPHER PYNE: Well, you are sounding a little hysterical.
(Pyne is projecting – he’s freaking out.)

DAVID BRADBURY: … we have a Federal Court judgment that implicates Mr
Brough. And you and Mr Abbott…

CHRISTOPHER PYNE: Well, are you sounding a little hysterical.
(Interrupting to soak up time…)

DAVID BRADBURY: … you and Mr Abbott are standing by that man. If you had
any decency and you wanted to apply the same standards to yourself that you
do to others, then you would pull the pin on him and you’d preselect someone
else for that seat.

CHRISTOPHER PYNE: In terms of Mal Brough, Mal Brough has been
preselected by the LNP to be the candidate for Fisher. It is up to the electors of
Fisher whether they choose him next year – or this year now of course,
September 14th, to be their member. They will have all the information placed
before them by, I’m sure, the Labor Party about his involvement in the matters
to do with Peter Slipper. I’m sure that he will be elected. I think he was a fine
Cabinet minister and if he gets to serve in the Parliament again, he’ll be a fine
member of the House of Representatives.

(Weird stuff – who cares what he’s done, it’s a safe seat. Although this line
explains why Libs kept pre-selecting Slipper despite what Brandis has called
more than a decade of notorious salacious rumours.)

But let’s not forget that this all came up because the Labor Party and Julia
Gillard’s judgment caused her to make Peter Slipper the Speaker over Harry
Jenkins.

(The ends justify the means + we’re all as bad as each other + I don’t want to
answer these questions so I’ll change the subject) Read the rest of this entry »