Secret trials and the persecution of whistleblowers have been a defining part of Christian Porter’s time as attorney-general. They have also been extremely expensive.
With the portfolio now up for grabs it’s worth asking: will the government reconsider its relentless pursuit of public servants and other whistleblowers standing up for what’s right?
There are positive signs that the government could abandon its criminal prosecution of Richard Boyle, who called out heavy-handed debt collection tactics inside the Australian Taxation Office (ATO).
The prosecution of Boyle has had a chilling effect on whistleblowers, who have little protections in the public sector. The Commonwealth Department of Public Prosecutors has said it would consider dropping the remaining charges against Boyle, which had originally threatened to send him to jail for the rest of his life. It said it would make a decision by this Wednesday.
If it does drop the case, it’s likely it will be because the ATO botched the case. Nonetheless, it would be a chance for Australia to shake off its reputation as a secretive state that does not tolerate dissent.
Wishful thinking? Perhaps. But there’s another reason why the government might not want to get bogged down in endless criminal cases.
Aside from the fact that prosecuting whistleblowers is wrong, it’s also a massive drain on the public purse — and there’s no transparency over what taxpayers are paying for.
Crikey has managed to get a little insight into the cost of one of the most confounding criminal prosecutions being pursued by the government.
The Attorney-General’s Department revealed the total spend on lawyers in the criminal prosecution of barrister Bernard Collaery and his client, intelligence officer Witness K, over their role in exposing Australia’s bugging of ally Timor-Leste during oil and gas negotiations, has risen to $3.4 million. That’s an increase of $305,000 from just five months earlier (a figure around $3 million emerged during budget estimates in October).
But these figures are a fraction of the total cost of running a decade-long prosecution involving countless public servants conducting investigations across multiple departments.
Then there’s the case against former military lawyer David McBride, who is being prosecuted for handing over a trove of internal defence documents to the ABC as part of an exposé on war crimes. For this case the government has enlisted private barristers as well as dozens of in-house solicitors and public servants to mount a complex national security trial. The Attorney-General’s Department did not give a figure on McBride’s trial.
Independent Senator Rex Patrick has been trying to find out exactly how much the government has spent on its litany of secret trials and whistleblower prosecutions, and is asking agencies to provide details about the costs of their prosecutions as part of Senate estimates.
The answer is even more important as we look set to get a new attorney-general.
I do hope that whoever ends up as Attorney General understands that the population is tired of the victimization of whistleblowers and their lawyers.
When discussing Christian Porter’s fitness to actually be the Attorney General, the issues surrounding RoboDebt and the understanding that it was known to be illegal from the get go.
The settlement of cases to prevent a precedent being set has been described as “too clever by half” and an abuse of power and a failure to act as a model litigant.
Then we move on to Witness J, Witness K, Bernard Colleary and Richard Boyle and the vindictive and vexatious prosecutions which have resulted in exacerbation of the mental illness’ already created by the abuses of process and power.
These outrageous behaviours by the Attorney General have been criticized by 3 federal court judges on different occasions.
All of these comments describe behaviour which should preclude him or anyone taking advice from him, to fail the test of character required to be the first officer of Australia.
These behaviours should prevent you from occupying the position of the AG.
Which leads us to Michaela Cash.
Lurching from one disastrous cabinet appointment to the next is not a good look for scottie from marketing.
Appointing a minister to the Attorney General’s position who has a clear disregard for propriety and co-operation with the AFP.
A minister who refuses to give a sworn statement to the police regarding an action starting from her staff in her department and her knowledge of the incident which resulted in the AFP being endangered in the execution of their duties could also be considered unfit to hold the office of Attorney General.
As the lighthouse said to the ship “Your call, scottie”.
And it’s not as though Cash will be starting with a clean whiteboard.
I dunno – that hair helmet she wears must have been handy for expunging whatever incriminating detail was scribbled on it.
The expense is one thing, but it’s a minor evil of Porter’s reign compared to the sheer scale of his hypocrisy and to the permanent damage done to the lives and livelihoods of Bernard Collaery, Witness K, Boyle, McBride and other whistle blowers. The incredibly protracted secret trial of Bernard and the utterly vindictive way he’s been denied a fair trial (which shouldn’t even be taking place) make Porter one of the nastiest hypocrites I can remember in the ranks of the nastiest party. He’s trying to ruin Bernard, no less.
Listening to Porter’s disgustingly self-pitying ‘rule of law’ performance when outing himself as the named, alleged rapist a few weeks ago made my blood boil when I thought of Bernard and others, the fatal results of the illegal Robodebt, and his attempt to foist on us a toothless, politician-friendly ‘ICAC’.
There isn’t anyone decent to take his place; in fact there’s practically no one decent in the ranks of the LNP. But it’s hard to imagine anyone actually being worse than this entitled prat.
In relation to the Witness K-Collaery case there is the further aspect that the AG has delayed proceedings endlessly by failing to respond in time for court hearings dates. The ACT magistrate is said to have criticised the AGD three times for these continuing failures – though it seems to have no effect.
My experience is that the hypocrites are always the ones calling the loudest when the law is pointed at them.
Reminds me of the Victorian Police all getting barristers, each and every one, for the Lawyer X Royal Commission hearings. The police are the most strident users of the law and take full advantage of it when it comes to their behaviour, but for others… they will cheat, cheat cheat.
I agree. The tears in Porter’s eyes were tears of rage, as he attempted to reverse the victim and offender descriptors.
As for Smirko, it is entirely up to him to appoint an Attorney General and neither Michaela Cash nor Christian Porter pass the fit and proper person part of the act.
Keep them in cabinet and wear the consequences.
I agree.
As long as the Coalition is in power there is no reason whatsoever to hope that anything will improve.
some hope that Morrison will find it in him to do the right thing in regards to women issue (or any issue for that matter). I don’t. I hope he keeps doing nothing but lie, obfuscate and sit on his hands. And I hope that the electorate will finally tire of it and vote out the whole lot of them.
We’ve had all the scandals, sport and other rorts, lies and conflicts of interest but nothing has illustrated the depravity of these people like Porter’s actions as the GA of Australia and during the latest scandal. And Morrison… well, I just have no words left to describe what his entire political career says about what kind of a person he is.
For the life of me I can not understand how anyone calling themselves a decent human being can vote for such utterly un-decent lot. So I wonder what is a bigger problem for this country – people like Morrison, Porter, Taylor & Co. or those who think they’re fit to occupy the highest offices in the country?
Damn right Cap’n.
Any AG, new or already used, after Scotty dabbles in the swamp, will be a chip off the old bloke to all intents and purposes. The Liberal Party machine, the party parliamentary caucus and its voter base are not favourably inclined to having more women in parliament or in the Ministry and Scotty does not have the requisite leadership qualities or personal values to lead change.
You do not have to be able to read the tea leaves to recognise that any woman in a Morrison Ministry will already know and accept having to conform to long established and well known LNP male stereotypical norms.
The Minister for Women is an outstanding example for future reference.
I think you’re right, and my feeling is that Cash will be AG in name only and Porter (as long as he’s around, at least in cabinet) will be directing the place.
Try the big guy Brandis. Forgotten but not gone. We are babies – out of sight out of mind.
Keep on this Georgia and maybe contrast it with how much money has been removed from rape crisis centres during same time period or how much money is being funnelled to churches for religious classes in schools while nothing is spent on basic humanity like consent and role of mutually agreed pleasures in sex – as opposed to plumbing issues about conception. The system is being gamed constantly by those who benefit the most and Porter is a prime offender on multiple fronts.
it’s one thing for the current and former AGs to run secret trials against whistleblowers but the extraordinary circumstance that the ABC faced in trying to publicise allegations about the current AG do require some attention during the pending defamation trial. Knowing of the extraordinary legal processes and power at the personal disposal of the AG, is it any wonder that the ABC apparently did not contact Porter for his comments before the allegations were broadcast?