Sunday 19th of May 2024

hubble, bubble, toil & trouble .....

hubble, bubble, toil & trouble .....

from Crikey ....

Ashby is no Grech moment ... unless you're Mal Brough

Crikey Canberra correspondent Bernard Keane writes:

JAMES ASHBY, LIBERAL NATIONAL PARTY, MAL BROUGH, PETER SLIPPER

In the wilder fantasies of some government members at the moment, the James Ashby story will eventually explode and inflict massive damage on the Coalition and Tony Abbott, as if, having failed to land a blow on Tony Abbott for two-and-a-half years, Labor can relax and watch him be destroyed by his own handiwork. Comparisons to Godwin Grech and, with a considerable stretch from Anthony Albanese, Watergate, have been invoked.

Albanese continued to try to draw Abbott into the saga this morning, calling a media conference at Parliament House to demand the opposition leader reveal every last detail of the Coalition's contact with Ashby.

The clumsy handling of the matter by a number of senior Coalition figures over how many had met with Ashby - particularly Christopher Pyne, whose normally sharp memory seems to have started playing tricks on him in relation to his dealings with Ashby - gives a patina of credibility to Albanese's "who knew what and when" demands.

But alas for Labor, the Ashby saga has little in common with Godwin Grech. Abbott has been quick to accuse the government of sleaze over Craig Thomson and Slipper, but he hasn't made dramatic claims of prime ministerial corruption based on the word of one mentally fragile individual, like his predecessor did. Indeed, Abbott has preferred to let others, like Pyne, carry much of the attack on the government, a lesson he presumably acquired from watching Malcolm Turnbull lead with his chin on "Utegate".

While it won't have much impact on Abbott's political future, it's already done a pretty fair job of wrecking Mal Brough's return to politics.

Twice now Brough has been revealed as having misled the public over his role in the affair. The first time was in early May when, in the aftermath of Fairfax's Jessica Wright outing him as having met with Ashby, he arranged a tell-all explanation to The Australian, complete with photo shoot with his wife, to explain he'd met with Ashby three times and had only spoken to a small number of trusted legal advisers about the matter, and not anyone else in the Coalition or LNP.

That marked a change from his position of just a few days earlier, that claims he was aware of the legal action beforehand were "nonsense".

We now know, courtesy of yesterday's document release by the Federal Court, that he was misleading the public again with his claims to The Oz, and was a key player in the co-ordination of what appears to have been a campaign to damage Slipper, trying to arrange a job within the LNP for another disaffected Slipper staffer, Karen Doane. Ashby is also alleged to have emailed Brough with confidential material from Slipper's diary.

What's bizarre about Brough's involvement is that it was wholly unnecessary. Brough has - or had - a lock on pre-selection for Fisher. He was guaranteed to re-enter federal politics at the next election. But the route of a man once touted as leadership material since he lost Longman in 2007 has been a circuitous one. He led Liberal moderate resistance to the establishment of the LNP by the Queensland Nationals (who were aided by Queensland Liberal conservatives led by Santo Santoro, who ironically now finds himself a target of the man who bankrolled the merger, Clive Palmer). He thus became the highest profile casualty of the merger - Lawrence Springborg mockingly demanded to know "where's Mal" when the merger was approved.

Brough moved to Melbourne to lick his wounds but managed to overcome his anger and join the party he swore he'd never go near in 2010, targeting Slipper's seat (perhaps to the point of obsession) and rebuilding relations with at least some of the LNP hierarchy.

Now he's put all of that in danger with a remarkable display of poor judgment in not merely becoming involved in a campaign to damage Slipper - who could always be relied upon to damage himself, regardless of who else was trying - but then lying about it publicly. Even if he returns to politics, he's damaged goods, and the former minister may find his stint on the backbench an extended one under a Coalition government.

The Liberals have had a fair infusion of talent since Brough was last in Parliament, and most of the people in the queue ahead of him have been smart enough to keep away from the sort of thing Brough now finds himself embroiled in.

keeping away from the sort of things...

The Liberals have had a fair infusion of talent since Brough was last in Parliament, and most of the people in the queue ahead of him have been smart enough to keep away from the sort of thing Brough now finds himself embroiled in.

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Gus: I would not bet "on the people in the queue ahead of him" keeping away from the sort of things Brough finds himself in... It's just that we don't know about it YET and if one desires to scratch some veneer of righteousness one would find some mighty dirt there too.... Patience...

bigger than godwin grech .....

from politicoz ….

The case against Peter Slipper is unravelling at an alarming rate. The court documents filed on Slipper's behalf, released yesterday, suggest an extraordinary plot to bring down the Speaker.

The documents allege links (if not collusion) between Slipper's accuser James Ashby and current and former Coalition figures Mal Brough, Bruce McIver and Mark McArdle; they show inappropriate involvement by News Limited's Steve Lewis (who also 'broke' the Godwin Grech story); also that Ashby may soon be defending himself for sending Slipper's diary to Mr Brough. In addition, it has emerged that Ashby is being represented for $1 by Harmers Workplace Lawyers (who also represented Craig Thomson's key accuser Kathy Jackson, pro bono), allegedly arranged for him via LNP members.

The Federal Court is yet to rule on the charges against Slipper, but for the Coalition an end to this affair can't come soon enough. As Laura Tingle presciently wrote in relation to this issue back in April, 'no-one stays clean in a mud fight'.

Senior figures within Queensland's Liberal National Party conspired with staff from stood-aside Speaker Peter Slipper's office to bring down the turncoat MP, Labor has alleged after the release of explosive court documents yesterday. LNP president Bruce McIver has conceded that Howard government minister Mal Brough approached him, and possibly party donor and mining magnate Clive Palmer, searching for a job for a Slipper staffer.

The allegations that News Ltd was actively involved in the intrigue against Speaker Peter Slipper is not just giving Labor ammunition against its bete noire media company but feeding into the debate about the government's media policy, to be unveiled soon.

The acting national president of the Health Services Union (HSU), Chris Brown, believes police should investigate masses of internal documents which raise 'disturbing' allegations of financial mismanagement at the union. Pages of credit card statements have been uploaded to the Independent Australia website and detail a series of questionable payments in two union branches separately led by HSU national secretary Kathy Jackson and her then husband Jeff Jackson.

real chutzpah .....

In another twist to the sexual harassment case against Peter Slipper, his accuser wants to keep secret his reasons why the Federal Court should dismiss the Speaker's attempt to have the matter thrown out.

James Ashby, the former media adviser to Mr Slipper, has made an application to the court in the hope of delaying his response to accusations that have been made against him. That application will be heard on Friday.

Justice Steven Rares had earlier ordered Mr Ashby to respond by tomorrow to the documents submitted by the Commonwealth and Mr Slipper as part of their application to have the case struck out as an abuse of process.

Mr Ashby, who is suing Mr Slipper and the Commonwealth, claims Mr Slipper made unwelcome advances and sent him sexually suggestive text messages after Mr Ashby joined his staff last December.

However Mr Slipper and the Commonwealth allege Mr Ashby's case was intended to ''vilify'' Mr Slipper and ''destroy or seriously damage'' his reputation and career. They are seeking an order that the proceeding be permanently stayed as an abuse of process.

Mr Ashby wants the sexual harassment case to go ahead. The argument over whether it will is scheduled for July 23.

If Mr Ashby's latest application is successful, the Commonwealth and Mr Slipper will have to present their case, including supporting evidence, in court on July 23, before Mr Ashby has to file anything in response.

The News Ltd journalist who broke the story, Steve Lewis, has also filed an interlocutory application with the court, although it is unclear at this stage what it relates to.

Mr Lewis is due to provide the court material ordered under subpoena on Friday.

Meanwhile, Mr Slipper has amended his ''points of claim'' document to remove an allegation that News Ltd could only have received Mr Ashby's originating application, which details the sexual harassment allegations, from Mr Ashby or one of his contacts - and that no journalist accessed the documents via the court before the story was published on April 21.

He says a reporter did access the documents from the court on April 20, but only after Mr Ashby or one of his contacts informed the newspaper that the application had been filed.

A spokesman for News Ltd declined to specifically comment on the interlocutory application filed by Mr Lewis.

''News Ltd stands by its journalists undertaking investigative reporting into matters of public interest,'' the spokesman said.

''The matters in question cover serious allegations against one of Australia's most senior politicians - the Speaker of our national Parliament. It is entirely legitimate that news organisations should investigate and report on such allegations.''

Slipper Accuser Stays Quiet In Latest Turn

 

You’ve got to hand it to ashby & his ‘handlers’  for their blatant hypocrisy … first-off they rush into the federal court with their wild accusations, having wilfully loaded-up the media first, & then, as soon as anyone questions/challenges the efficacy of their claims, they want to keep everything ‘secret’.

I would like to know if the feral police are investigating ashby, Mal Brough & others for engineering a conspiracy to pervert the course of justice. Godwin Grech was an amateur compared to these wicked sleazebags.

own goal .....

The bid by the former Howard government minister Mal Brough to re-enter Parliament has taken a hit with a last-minute preselection challenge by James McGrath, the architect of the Liberal National Party's rout of Queensland Labor in March.

Mr Brough, who lost his seat in 2007, was the Liberal National Party preselection favourite for Fisher, the seat held by the Speaker, Peter Slipper, but he has been damaged by revelations of his alleged role in formulating the case against Mr Slipper.

Mr Brough, who nominated yesterday for preselection for Fisher, has been accused by Mr Slipper and the Commonwealth of colluding with Mr Slipper's aides, James Ashby and Karen Doane, to lodge a vexatious sexual abuse claim to destroy the Speaker.

After initially denying any contact with Mr Ashby, it has since transpired he held at least three meetings with him, helped arrange legal representation and allegedly received from Mr Ashby stolen extracts of Mr Slipper's diary.

Mr McGrath, a local hero, was being groomed to win preselection for the neighbouring seat of Fairfax but switched late yesterday, putting up his hand just before nominations closed.

The move was perceived as a sign Mr Brough's bid may be over.

Fairfax, held by the Liberal MP Alex Somlyay who is retiring, may now be contested by Clive Palmer, who backed away yesterday from a threat to run for the seat of Lilley, held by the Treasurer, Wayne Swan.

Mr Swan accused the mining billionaire of cowardice but Mr Palmer claimed he was eyeing off another seat. Liberal National Party sources said they had no idea for which seat but most speculation centred on Kevin Rudd's electorate of Griffith or Fairfax.

Mr Abbott and Mr Palmer have fallen out in recent weeks over internal Liberal Party matters. Sources told the Herald Mr Palmer would have lost the preselection ballot had he contested.

NEWS Limited journalist Steve Lewis is resisting a court order to produce records of his communications with James Ashby prior to the sexual harassment claim against the Speaker, Peter Slipper, being made public.

Lewis has filed an application with the Federal Court to set aside the subpoena ordering him to divulge all text messages, documents, phone records, emails and memos between himself and Mr Ashby from February 1 to April 27.

Lewis was also told to give the court records of his communications with Mr Ashby's media advisor, Anthony McClellan, Mr Slipper's other aide, Karen Doane and Malcolm Brough.

Mr McClellan, Ms Doane and Mr Brough have complied with the subpoenas issued to them.

Lewis's application will be heard on Friday.

Brough Rues Slipper Scandal While Palmer Pitch swan Dives

the sniff test .....

Queensland Liberal National Party president Bruce McIver has been subpoenaed to give evidence in the sexual harassment case against Peter Slipper, with lawyers demanding he provide any evidence of his involvement with Mal Brough or the stood-aside Speaker's staffers.

Mr Slipper's lawyers are demanding that Mr McIver disclose documents and communications after being asked by Mr Brough, a former Howard government minister, to find at least one staffer a job in the then newly-elected Campbell Newman state government as the lawsuit was being prepared in April.

Mr McIver admitted to The Australian last week that he - and possibly party donor and mining magnate Clive Palmer - were asked by Mr Brough to search for a job for a staffer of Mr Slipper, believed to be Karen Doane, who proposed launching a harassment case against the Speaker.

The Gillard government has accused Mr Brough and other senior figures within the LNP of helping "formulate" sexual harassment allegations brought by Mr Slipper's former adviser James Ashby for their own political ends.

Mr Brough, who is seeking LNP pre-selection in Mr Slipper's Sunshine Coast seat of Fisher, has admitted to advising Mr Ashby in three separate meetings before Mr Ashby took legal action against his then boss.

Last week, documents filed in the sexual harassment case revealed Mr Ashby and Ms Doane sought jobs within the LNP in a bid to remove "the black mark" against their names from having worked for the Speaker.

The subpoena seeks all "documents evidencing or recording or constituting communications" over a three-month period to April 27 between Mr McIver and either Mr Ashby, Ms Doane, Mr Brough or Anthony McClellan, a public relations consultant to Mr Ashby's lawyers.

It also seeks evidence of communications between Mr McIver and "any member of the Liberal National Party of Queensland" relating to proposals or requests to find a job for any member of Mr Slipper's staff.

Mr McIver is overseas on business and could not be contacted for comment. The new subpoena was being filed as political circles were bracing for the potentially explosive fallout from telephone text messages linked to the case.

Amid suggestions that lawyers acting for Mr Slipper would attempt to use messages relating to Mr Ashby's private life to undermine his credibility, Labor figures said they expected the messages would buttress their claims that Coalition figures had colluded with the staffer to help bury Mr Slipper's career.

And senior Coalition sources have confirmed their fears that any contact between Coalition MPs and Mr Ashby could become public as part of the case and cause political embarrassment for Tony Abbott.

In April, Mr Ashby filed a claim in the Federal Court that Mr Slipper, a former Liberal MP, had hired him last year for the purpose of forming a sexual relationship. The claim says Mr Slipper made inappropriate sexual comments in writing and in text messages.

Documents released by the court last week show much of Mr Slipper's case is likely to be based on text messages obtained from Mr Ashby's mobile telephone - a fact that has sent shudders through political circles.

Labor Party sources believe that the messages will confirm frontbencher Anthony Albanese's claim in parliament last week that Coalition MPs were "up to their necks" in a conspiracy to destroy Mr Slipper's career.

One senior Labor source said: "I understand there are thousands of texts. We've always said that we think the LNP was involved and we wonder whether the texts will shed more light on that.

"If they do, this could do major damage to Tony Abbott."

The Opposition Leader and other Coalition figures have denied encouraging Mr Ashby to launch his legal action.

Some Coalition sources are concerned that because Mr Ashby's telephone would have been funded by taxpayers any contacts could be made public.

Mr McIver told The Australian last week that, before Mr Ashby's lawsuit was filed, Mr Brough had contacted him and possibly Mr Palmer about finding a job for a female staffer of Mr Slipper.

He said he could not recall the name of the woman, but Mr Brough had said she would soon be leaving the Speaker's office.

Mr McIver, who received the woman's resume from Mr Brough but did not find her a job, said he was not asked to find a position for Mr Ashby.

"Brough rang me one day and said there was a problem with Peter Slipper and to stand by - it would have been around Easter," Mr McIver said.

"It is true that around then he sent me a resume from this woman - she was leaving Slipper's office and he was asking a lot of people, I think Clive, too, if there were any jobs, but there wasn't."

Mr McIver said he had "no other involvement" and that he was unaware of an LNP-linked lawyer advising Mr Ashby.

It is understood that among messages found on Ms Doane's mobile telephone is an April 12 text from Mr Brough in which he allegedly tells the staffer the "matter" could not go forward before "Clive" returned from overseas.

Mr Palmer said yesterday he had been made aware of Mr Ashby's complaints. "All I had heard about was rumours, right, that these sorts of things had happened," Mr Palmer said.

"I can't remember who from, but I just heard rumours that they happened. I certainly wasn't aware he was going to file charges with anybody." He said he was unaware of having received a resume for Ms Doane, and that his staff handled his vast correspondence.

Peter Slipper Subpoenaes LNP Head Bruce McIver

abuses of privilege ....

The staffer who has accused the Speaker, Peter Slipper, of sexual harassment says he should not be forced to put on any evidence which may show that he committed a criminal offence.

The Federal Court this morning heard James Ashby may be referred to the Australian Federal Police for investigation into whether he committed any crimes when he allegedly gave extracts of Mr Slipper's diary to a journalist and a political rival.

Mr Ashby's barrister, Michael Lee, SC, said his client had a common law right to claim a privilege against self incrimination.

Mr Lee said Mr Ashby had been accused of serious criminal offences, and should not have to put on any evidence or reveal his defence until the case against him had been presented in full.

"We want to proceed in the way common law trials have for centuries. We want to see the state of the forensic case at the close of their (the Commonwealth and Mr Slipper) case. It's entirely orthodox."

Mr Lee said a senior Commonwealth minister, Anthony Albanese, had accused Mr Ashby of being involved in a political conspiracy similar to the "Watergate" scandal in the US.

The Attorney-General, Nicola Roxon, has also made serious allegations of conspiracy.

Mr Ashby, who is suing Mr Slipper and the Commonwealth, claims the stood-aside Speaker made unwelcome advances and sent him sexually suggestive text messages after Mr Ashby joined his staff in December last year.

Mr Slipper and the Commonwealth allege Mr Ashby's case was intended to "vilify" Mr Slipper and "destroy or seriously damage" his reputation and career. They are seeking an order that proceedings be stopped as an abuse of process.

Justice Steven Rares said Mr Ashby could not be forced to incriminate himself.

David Chin, for Mr Slipper, said Mr Ashby could put on some evidence or submissions in reply to the Speaker's abuse of process application, but avoid the areas which may go to criminal offences.

He said if Mr Ashby was allowed to keep his case secret, Mr Slipper would be forced to run the abuse of process case "in a vacuum".

Justice Rares said he was concerned about the amount of time and money being spent on the case, especially when the amount of damages Mr Ashby was seeking was likely to be relatively small.

"[This case] seems to have got out of all proportion to the allegation made", he said.

The hearing continues

Ashby Facing Prospect Of Criminal Charges, Court Hears

meanwhile ….

Steve Lewis, the News Ltd journalist at the heart of the political stoush surrounding the Speaker of the federal Parliament, Peter Slipper, says he should not have to comply with a subpoena issued by the Federal Court because it is "too broad".

Lewis has been ordered to produce all communication he had with Mr Slipper's former staffer James Ashby, before a sexual harassment claim made by Mr Ashby against the Mr Slipper became public.

He has also been ordered to reveal all emails, memos, text messages, and phone records sent between himself and former Howard government minister Mal Brough, Mr Ashby's media adviser, Anthony McClellan and another Slipper aide, Karen Doane.

This morning, Justice Steven Rares told Lewis's barrister, Martin Smith, to put on submissions and an affidavit to support the application to set aside the subpoena by July 10.

The matter will be heard on July 13.

Justice Rares is now dealing with an application by Mr Ashby, in which he has asked to be excused from putting on his case, until the Commonwealth and Mr Slipper close their case, on the grounds of self-incrimination.

The hearing continues

I Should Not Have To Comply, Insists Journalist Lewis

another own goal .....

from Crikey ….

Brough justice: Mal can't slip the net on Slipper campaign

BERNARD KEANE

MAL BROUGH, PETER SLIPPER

The judgment of Justice Rares in dismissing the s-xual harassment case of James Ashby against former speaker Peter Slipper is profoundly damaging for Mal Brough, former Howard government minister and preselected Liberal-National Party candidate for Slipper's seat.

Brough, along with Ashby and Karen Doane, has been found to have been part of a "combination" to bring proceedings determined to have been "an abuse of the process of the Court", one designed "for the predominant purpose of causing significant public, reputational and political damage to Mr Slipper".

Another LNP member who does not emerge from this matter with his reputation particularly enhanced is shadow attorney-general George Brandis. It is Brandis who in October insulted government officials and claimed a Commonwealth attempt to have Ashby's case struck out was motivated by politics and was "plainly preposterous".

Justice Rares, clearly, disagrees.

There's been much discussion of accountability for politicians involved in legal matters of late. Brandis himself used the protection of parliamentary privilege to call Julia Gillard a "crook" -- a claim he refused to repeat outside the Senate -- and insist she had broken the law 20 years ago. The Opposition Leader has variously advanced and retracted similar claims. Christopher Pyne, a man with some involvement in the Ashby case, demanded the Prime Minister resign.

What if the standards invoked by the opposition in regards to Julia Gillard were applied to themselves? Even the most serious claims made against Gillard by the febrile minds at The Australian and within the opposition are trivial compared to what a judge has found to be the case about Brough: that he was a willing party to bringing litigation that was an abuse of process -- not 20 years ago, but earlier this year.

And abuse of process in an area where not merely the legal system but Australian society still remains painfully ambivalent -- the right of people to workplaces free of harassment, s-xual or otherwise.

By even a pale shadow of the accountability demanded by the opposition in recent weeks, Brough cannot continue as its preselected candidate for Fisher.

As for George Brandis, his habit of declaiming, he appears to think ex cathedra, on any legal issue it is in the Coalition’s interests to pursue, raises real doubts about his suitability to be attorney-general in a Coalition government.