Police face legal minefield in deciding on Ashby investigation
BY: SARAH ELKS AND LAUREN WILSON
The Australian
August 01, 2012 12:00AM
QUEENSLAND police are negotiating a legal minefield to assess whether to launch a full criminal investigation into a complaint by stood-aside Speaker Peter Slipper that the former staffer pursuing him for sexual harassment had sex with two underage males nine years ago.
In Queensland, sex with minors is an offence carrying a maximum of 14 years in jail, but police have received only a "third-party" complaint from Mr Slipper about his former aide James Ashby's alleged dealings.
The Liberal National Party turncoat wrote to Queensland Police Commissioner Bob Atkinson in late June to relay the claims about Mr Ashby's alleged sexual relationships with two
15-year-olds in Townsville in 2003, when Mr Ashby was 23 and well before he had met Mr
Slipper.
Police are now trying to discover whether the two young men at the centre of the allegations want to make a complaint against Mr Ashby, who filed a politically explosive sexual harassment claim against Mr Slipper in April, forcing him to step aside from his parliamentary duties as
Speaker.
ABC TV's 7.30 program reported that one of the young men had contacted Mr Slipper and
complained of feeling "used and disgusted" by his short-lived relationship with Mr Ashby. Mr Slipper reportedly urged the young man to contact police, but ended up doing so himself.
Mr Slipper did not respond to The Australian yesterday. Mr Ashby's media spokesman also
declined to comment.
Tony Abbott insisted the allegations against Mr Ashby were a "matter for police" and it was up to them to investigate and take "appropriate action".
Queensland is the only Australian jurisdiction with different ages of consent for different
sexual acts. A person must be 18 to engage in sodomy, or anal sex, but only 16 to engage in
other sexual activity.
A spokesman said Queensland Police Service was "in the process of determining whether any person authorised to do so wishes to make a complaint and if that is the case whether there is the evidence to support any prosecution". "We will advise in due course the outcome of that investigation."
The spokesman told The Australian police could pursue a matter without a formal complaint from a victim, but said it was "a grey area".
Anti-child abuse advocate Hetty Johnston said third-party referrals of sexual crimes were of "minimal use" without a complaint from the alleged victim.
The Bravehearts founder said Mr Slipper was using a serious allegation as a "political football".
"It's a political red herring and it damages the credibility for survivors everywhere that make genuine complaints," she told The Australian.
Even if a complaint is received, lawyers say prosecutors have wide discretion about whether to take the matter to court.
Top Queensland criminal lawyer Bill Potts said prosecutors would weigh up the chances of a conviction and whether such a prosecution would be in the public interest.
"The attitude of the victim, whether there's a complaint, witnesses, the degree to which
there's a differential in age and power (between the offender and the victim), and the
reasons behind promulgating the complaint would be all factors," he said.
He said prosecutors took a hard line when the alleged offender was in a position of power and influence over their victim, for example in a relationship between a teacher and student.
Wayne Swan said allegations that Mr Ashby had sex with minors were extremely serious.
"They are going to be investigated by the authorities," the Treasurer said, adding that the
criminal allegations should be dealt with separately from Mr Ashby's sexual harassment suit
against Mr Slipper.
Trade Minister Craig Emerson said Mr Ashby should be entitled to the presumption of
innocence and the probe should occur without interference.
...and down in Tasmania at THEIR ABC.....
Former ABC host Muirhead pleads guilty to child porn
Daily Telegraph
http://www.dailytelegraph.com.au/news/national/former-abc-host-muirhead-pleads-guilty-to-child-porn/story-fndo2j43-1226439355701
July 31, 201212:05PM
The court has been told that Muirhead used peer-to-peer software to access more than 12,000 picture files and 24 videos.
Prosecutor Maitland Lincoln said Muirhead had changed software after reading articles about a child pornography ring busted by police in May 2010.
The ages of children depicted ranged from three to 14 and at least 60 were in the worst category, showing the explicit or sadistic treatment of children.
Muirhead looked down as graphic examples of the images and videos were played to the court.
He had previously pleaded not guilty to the charges.
His plea hearing is set to continue this afternoon.
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