The Australian and the Victorian Office of Police Integrity are conducting behind-the-scenes negotiations over a report critical of the newspaper and journalist Cameron Stewart.
The Federal Court hearing into the affair, in which The Australian is seeking to have the OPI’s report permanently suppressed, was due to begin today but has been adjourned until June 7 because of the negotiations.
The high stakes case, in which the reputation of Stewart, The Australian and the OPI are all in the balance, seems now to be entering a new phase. It may be back to stage one — when the OPI originally showed The Australian its draft report as part of the normal processes of administrative law.
The newspaper’s response was to successfully seek a Federal Court injunction preventing the report’s release. But now, in what it is tempting to see as a back down, the newspaper is apparently back at the negotiating table.
The Australian’s editor, Paul Whittaker, did not return calls before Crikey’s deadline this morning.
Whether the newspaper and the OPI, which are at loggerheads in court and in the public sphere, can reach agreement is open to doubt. The OPI’s federal counterpart, the Australian Commission for Law Enforcement Integrity, which jointly authored the report, has already cut a deal with the newspaper in which ACLEI agreed not to release the report.
The OPI is unlikely to agree to a similar course, with director Michael Strong understood to be critical of ACLEI’s conduct and determined to fulfil his original intention of reporting to Parliament.
The Australian’s continuing editorial campaign against the OPI, featured prominently on Media Watch this week, as well as being previously reported on Crikey.
The case concerns Australian journalist Stewart’s scoop of August last year, in which he broke the news about a counter terrorism operation on the very morning of raids in which four men were arrested, accused of plotting to bomb an army base.
The Australian’s legal action against the OPI seeks to have its investigation declared invalid, and the report permanently suppressed.
The Australian has so far succeeded in gaining Federal Court orders preventing the OPI from tabling the report in Parliament, and from briefing state and Commonwealth prosecutors about “serious criminal offences” committed during Stewart’s research.
Last week the Victorian Attorney-General, Rob Hulls, entered the case on the side of the OPI, contesting the power of the Federal Court to stand between the Victorian Parliament and its officer, the director of the OPI, Michael Strong.
The way it’s carrying on, surely “The Oz” couldn’t regard itself as being beyond the bounds of “ordinary laws”, could it?
I felt sick watching Media Watch and Hedley Thomas being so compromised. He is a wonderful journo but I am even sicker about another story he had his hands on and didn’t touch because he said “I am working on something else.
The story is that this parliament are going to pass laws making it a criminal offence to help any refugee here or overseas in the guise of stopping people smuggling.
Now 30% of our so-called humanitarian program is based on sponsors in Australia sending money and transport costs to family overseas to help them come to Australia. That will be caught up in ASIO and AFP spying on them as well as others because there is one rule with genuine refugees – they all pay “smugglers” at some time to get “illegally” across borders because they can’t get passports.
One place in this area they are legally allowed to cross borders and have never had to be smuggled is Australia, yet we jail people already for not people smuggling.
It’s a scandal our media have all ignored for the 8 years I have been saying it.
Not only that but the senate Leg and Con committee deliberately decided to over rule the law and smuggling protocol to include the movement of refugees when they are well aware that the protocol forbids it and so does article 31 of the refugee convention.
So our senate leg and con are now the illegitimate con artists and law breakers – all for populist nonsense.
ACLEI’s actions are inexcusable, and destroy any credibility it might have had. The OPI has no excuse or reason for negotiating with anybody. It must supply the full unedited report to Parliament. In the interest of the public’s right to know, the Australian must cease its legal action immediately.
This is appalling behaviour by The Australian. News Ltd are attempting to suppress the truth and prevent police reporting to parliament ! It’s incredible it can even get this far !
Sounds like strike three for News Ltd: 1) Melbourne Storm; 2) Guthrie; 3) OPI