Thursday, August 23, 2012
Australian Politics :Is the Prime Minister a crook? Part VII
Is the Prime Minister a crook? Part VII
Pickering Post
It appears that Nicola Roxon and Peter Van Sumbugger are the only two people left standing who are young and naive enough to believe this is a Liberal Party beat-up.
Sorry Nicola and Peter, we have never spoken to any Opposition Member and it's far from a beat-up. The continuous stream of information is coming from your side of the House and one other person the Prime Minister knew very well. There are some angry people on your Benches.
Well, you two, here's more to cause you some indigestion.
Slater & Gordon handle unfair dismissal claims in their thousands. Gillard herself handled a few, so she knew exactly what it meant when she was called in for a taped interview... it was a precursor to her dismissal.
It's a moot point as to whether she was given the opportunity to resign or not. All legal employees, short of an accusation of murder, are extended that courtesy because a "dismissal" could both injure the firm's reputation and terminally end the employee's career. Regardless, it appears to have done both anyway.
The fraudulent document that allowed the "slush fund" to be set up was first presented in Perth. It was taken to the Commissioner of Corporate Affairs who promptly refused to allow it on grounds that it appeared to be too much like a union.
Undeterred, Wilson asked Gillard to do it. Incredibly, Gillard agreed. It was pointless to persist in Perth because the Commissioner had already knocked it back so it was off to Victoria and the offices of Slater & Gordon.
Now, even the most young and naive person on the planet would have known this was highly unethical at best and illegal on a number of fronts at worst.
There were three other people present when this document was drawn up: Ralph Blewitt, Bruce Wilson and senior equity partner, Bernard Murphy. (Bernard Murphy was the anonymous name "The Australian" redacted in its Page one story.)
In the record of interview Gillard stated that she "acted alone". She lied. Was she protecting Bernard Murphy? If so, it didn't help. Murphy hurriedly departed the firm on an agreed settlement prior to Gillard.
[Gillard was later to appoint Bernard Murphy to the Federal Court bench. Why did she do that? Was she worried he would disclose critical information relating to the blatant fraud?]
When the document was completed by Gillard it was signed by Blewitt. Wilson then took it to the Commonwealth Bank to open the now infamous account: The AWU Workplace Reform Association Inc.
It appeared on the record as an AWU account, it wasn't, but it was ready to launder hundreds of thousands of dollars, attracting no tax, into Wilson's pocket. More importantly the AWU had no knowledge of it. Yet the AWU was a client of Gillard's in the form of Wilson. The law firm itself acted for the Vic AWU.
In a classic conflict of interest, Gillard was actually facilitating theft by her boyfriend from her own firm's client, the AWU! Gillard was also improperly acting for her criminal boyfriend who was also a representative of the AWU client!
Slater & Gordon is obliged to keep the Law Institute of Victoria updated as to who is operating on their Practising Certificate? The Law Institute claims privilege on this information. We have reason to believe Julia was removed from the Certificate in September and not in May the following year as they now advise?
When the fraudulent activity was eventually discovered Peter Gordon hit the roof, but his position was untenable because:
Slater & Gordon is hardly independent. Incredibly, if they sacked her, they would be exposed to a reimbursement claim from their own client (the AWU) for all monies stolen, plus costs. What a predicament Gillard had created. No wonder they were angry.
Because Gillard did not open a file on the case, to appraise others in the firm of her actions, her conduct may be subject to criminal charges and the Professional Indemnity policy would not have been exposed (you cannot insure against criminal activity).
Lawyers are now pitting their credibility against each other. In this fiery battle of recollections and taped records Nick Styant-Browne will emerge the winner.
That may sound a bit complicated. It is! And the more Slater & Gordon wriggles the more it will need the services of a good Left wing law firm.
Part VIII: Enter the Unions and Bill Shorten.
7.30 Report, Affirmative Action appointee Leigh Sales,speaks with Opposition Leader Tony Abbott on Her / THEIR ABC.
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Ken McGregor
The Advertiser
August 23, 2012
ABUSED asylum seekers are being paid an average of $160,000 in compensation, up 60 per cent for each individual in the past two years, Immigration Department figures show.
Adelaide law firm Tindall Gask Bentley has 40 pending cases that could lead to millions more being paid out.
In the week since Parliament passed laws to reopen offshore processing on Nauru and in Papua New Guinea, the firm has signed another four claimants.
Law firms in Sydney and Melbourne also have recorded a rise in cases, some of which are linked to time spent in Nauru.
The claims range from incidents alleging forced solitary confinement for 23 hours a day for as many as four weeks after suicide attempts, to physical abuse.
TGB managing partner Morry Bailes said detainees were being diagnosed with post-traumatic stress syndrome, major depressive disorder and schizophrenia.
"The use of restraints in detention centres has also caused physical injuries, particularly wrist, back and shoulder damage," he said.
The firm says it is expecting hundreds of new cases to begin flowing through its books in the near future.
Immigration Department figures show that from July 1 last year to June 30 this year, the Federal Government paid out $2.1 million, excluding legal costs, in compensation to former detainees.
All of those claims relate to pre-2007 incidents, and are for a combination of personal injuries or the unlawful detention of 13 former detainees who each were paid on average about $160,000.
Between June 2008 and June 2010, about 50 former asylum seekers were paid $5.4 million in compensation payouts for injuries they suffered while in detention.
The average payout in that time was $100,000.
Refugee Action Collective spokesman Ian Rintoul said the former detainees were entitled to compensation.
"And the success rate of the claims against the department is in line with the scale of mistreatment at the centres," he said.
A spokesman for Immigration Minister Chris Bowen said the Government was increasingly trying to deflect refugees towards community care rather than detention.
An Immigration Department spokesman said the claims were paid out when it has been determined there is a "risk" a court may rule the Commonwealth negligent.
Meanwhile, the navy has intercepted two vessels carrying more than 100 people off northwestern Australia.
Home Affairs Minister Jason Clare said patrol boat HMAS Bathurst, operating under the coordination of the Australian Maritime Safety Authority, intercepted one suspected irregular entry vessel east of Christmas Island.
Initial indications suggest there are 70 people aboard.
Patrol boat HMAS Bundaberg intercepted the second suspected irregular entry vessel northwest of Ashmore Islands on Wednesday afternoon.
Initial indications suggest there are 37 people aboard.
This second vessel was initially detected by a Customs and Border Protection Dash-8 surveillance aircraft.
"Border Protection Command will now make arrangements for the people from both vessels to be transferred to Australian government authorities at Christmas Island," Mr Clare said in a statement.
"At Christmas Island, they will undergo initial security, health and identity checks and their reasons for travel will be established."
Mr Clare said people arriving by boat without a visa after August 13 ran the risk of transfer to a regional processing country.
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