A move by the federal attorney-general to further delay the case of Bernard Collaery has been branded as "rather unusual" by the ACT's chief justice. Collaery appealed but, given the legislative imbalance, it was hard to be optimistic. You can learn more about the team's work here. Receive breaking news, our monthly bulletin Rights Agenda , updates about our work, and ways that you can get involved to help push for human rights progress in Australia. JOINT STATEMENT ON BERNARD COLLAERY AND WITNESS K. Federal Labor's four representatives from the Australian Capital Territory have joined together with the Canberra community to state their objection to the treatment of Bernard Collaery and Witness K by the Morrison Government. Level 17, 461 Bourke St Melbourne, VIC 3000Level 5, 175 Liverpool Street, Sydney, NSW 2000ABN: 31 117 719 267. While it is welcome news that Collaery’s prosecution will not go ahead in complete secrecy, it should not go ahead at all. Christopher Knaus - Former Timor-Leste president Xanana Gusmao says the continuing prosecution of Bernard Collaery is an "insult" to his country and has urged Australia to drop the case in the wake of this week's decision to overturn a secrecy order. The Independent National Security Legislation Monitor is currently investigating the Witness J case, and has foreshadowed an intent to consider the entire National Security Information Act once the ongoing whistleblower prosecutions finish. And comprehensive databases on citizens' digital fingerprints and facial recognition characteristics are being amassed by the Commonwealth. Conspiracy? Paranoia? Read Secret- The Making of Australia's Security State and you decide. As his father nears death in his retirement home in Mexico, John H. Richardson begins to unravel a life filled with drama and secrecy. After nine months of hearings, seven judgments, and government spending of $2 million, we still know too little about the . The Most Dangerous Detective is a sensational expose of crime, sexual intrigue, corruption and Machiavellian politics by former Fleet Street investigative reporter Steve Bishop.With a foreword by former Queensland Premier Mike Ahern, this ... The ACT Bar Association released a 1 July statement, in which it calls on the Morrison government to reconsider continuing the prosecution of prominent Canberra barrister Bernard Collaery over his part in exposing the 2004 Timor-Leste bugging affair.. Collaery's trial to be public, but it should be abandoned. Bernard Collaery has won his appeal to overturn a decision to keep parts of his trial in total secrecy, with the Court of Appeal unanimously ruling that open justice is important to deter political prosecutions. How has the global fear-driven security paradigm sparked by 11 September affected journalism? At the core of the book sits what the authors have labeled the âtrust us dilemmaâ. Cash also has the option of challenging the ACT court of appeal’s judgment in the high court. The National Security Information Act must also be overhauled. Lawyer Bernard Collaery is being prosecuted for allegedly helping his then client, Witness K, reveal aspects of an alleged secret bugging operation against East Timor. On Wednesday, the ACT Court of Appeal upheld the importance of open justice. LEGAL DISCUSSION OF THE PROSECUTION. The dominant theme of the conversation between the panellists was that of secrecy and the prosecution (read persecution) of lawyer Bernard Collaery and his client, a former intelligence officer . Stalinist-style prosecutions of Witness K and Bernard Collaery. In another recent case, that of Witness J, an ex-intelligence officer was charged and sentenced to almost three years’ imprisonment in total secret. Representing practising barristers in the capital territory, the ACT Bar Association outlined that 76-year-old Collaery is a former territory . Geoffrey Robertson argues in this book that the Magnitsky movement offers a potent solution to crimes being committed against humanity, whether in America, Russia, China or Belarus. Bernard Collaery was once the Attorney-General of the Australian Capital Territory but he now finds himself seated in the dock in that jurisdiction along with his client, a former officer of the Australian Security Intelligence Service (ASIS), known as Witness K. Mr Collaery and Witness K have been charged with allegedly breaching section 39 of the Federal Intelligence Services Act 2001, which . This is the prosecution of Bernard Collaery, the former ACT attorney-general and lawyer for Witness K, the former ASIS officer turned whistleblower. # Including over 345 references and hundreds of quotes from historical personalities # Becoming the standard work on the East-West discourse All rights reserved. “Given the decision of the court of appeal to support Mr Collaery’s demand for open justice I call for the charges against him to be dropped in the interests of justice and the relationship of friendship between Timor-Leste and Australia,” Gusmão told Guardian Australia in a statement. A law that permits fully secret trials has no place in our democracy. As Australian barrister Bernard Collaery is set to stand trial in the ACT Supreme Court over charges of conspiring to communicate secret information, the Australian Lawyers Alliance (ALA) has stepped forward and called for his prosecution to be dropped.. With the approval of attorney general Christian Porter, the Commonwealth Director of Public Prosecutions (DPP) laid charges in May 2018 . The way in which the Morrison Government has dragged out legal . Collaery’s prosecution, and those against whistleblowers McBride and Boyle, are profoundly unjust. The sorry saga of the prosecution of Bernard Collaery, an eminent Canberra lawyer, has seen a number of unhappy chapters. Opinion. He said the operation “was undertaken, not for reasons of national security, but for commercial interests”. Aboriginal & Torres Strait Islander Peoples' Rights, Rights of Refugees & People Seeking Asylum, Collaery’s alleged role in exposing Australia’s espionage against friendly neighbours Timor-Leste. We’re sorry, this service is currently unavailable. The prosecutions should be discontinued, and the laws that gave rise to them must be reformed. Most urgently, the prosecutions of Collaery, war crimes whistleblower David McBride and tax office whistleblower Richard Boyle should be dropped by the Commonwealth Director of Public Prosecutions. On Wednesday, the ACT Court of Appeal upheld the importance of open justice. Witness K had his passport seized, preventing him from travelling to The Hague to give evidence on behalf of Timor-Leste. The Australian Bar Association has joined calls for Attorney-General Michaelia Cash to reconsider the controversial prosecution of Canberra lawyer Bernard Collaery. This is Commonwealth Attorney-General Christian Porter's fault. It was not particularly surprising then that, mid-last year, the trial judge in Collaery’s prosecution granted the secrecy orders sought by the then-attorney-general Christian Porter. This article was originally published by The Age.. Representing practising barristers in the capital territory, the ACT Bar Association outlined that 76-year-old Collaery is a former territory . WARNING: This site may contain images or names of people who have passed away. Most urgently, the prosecutions of Collaery, war crimes whistleblower David McBride and tax office whistleblower Richard Boyle should be dropped by the Commonwealth Director of Public Prosecutions. By Ian Cunliffe. But there remains much work to be done in Australia to ensure open justice is protected and whistleblowers can speak up about wrongdoing without fear of prosecution. Five years later, and despite belatedly accepting most of the recommendations in 2020, the government has still not enacted amendments. Former president urges Australia to drop case of former Witness K lawyer after court decision to overturn secrecy order, Last modified on Thu 7 Oct 2021 12.31 EDT. The sorry saga of the prosecution of Bernard Collaery, an eminent Canberra lawyer, has seen a number of unhappy chapters. National. Bernard Collaery trial is a highly unusual criminal prosecution After nine months of hearings, seven judgments, and government spending of $2 million, we still know too little about the prosecutions of Bernard Collaery and Witness K. Ian Cunliffe Aug 14, 2020 - 12.00am The prosecution of Collaery and his former client, ex-Australian Secret Intelligence Service officer Witness K, was authorised by the former attorney general Christian Porter in 2018. Her office said on Thursday that the government was “carefully considering” the ruling. Gusmao welcomed this week's decision by the Australian . The prosecution should never have commenced. Bernard Collaery was once the Attorney-General of the Australian Capital Territory but he now finds himself seated in the dock in that jurisdiction along with his client, a former officer of the Australian Security Intelligence Service (ASIS), known as Witness K. Mr Collaery and Witness K have been charged with allegedly breaching section 39 of the Federal Intelligence Services Act 2001, which . Once those reviews are concluded, the government must commit to reforming the National Security Information Act to ensure it better protects the public interest in transparency and open justice. The matter has been remitted back to the ACT supreme court, where the primary judge will consider further affidavits from attorney general, Michaelia Cash. Court of Appeal overturned the A.C.T. After a two-year long investigation funded by hundreds of outraged ordinary Australians, private investigator Ross Jones reveals the truth behind the scandal known as Ashbygate.
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