The Saturday Paper

Study for Omega Maddestmax­imvs as Diogenes (after Jules Bastien-Lepage). Shaun Gladwell

- Tips and tattle: justinian@lawpress.com.au

#Thighgate and #Arcurigate have gripped the Sceptred Isle, while at the same moment Washington is flooded with subpoenas issued to President Bone Spurs’ posse of hit men, and Hong Kong celebrates the 70th anniversar­y of the Chinese Communist Party with its own special fireworks.

It’s not as though our politics remains in its normal stupefied trance. We’ve been excited by news that Trump wants Fishnets (Bunter) Downer investigat­ed for spying.

Gadfly has long had suspicions that Bunter is a disruptive influence and that his flannel-voiced Tory carryon is a carapace to hide his addiction to the agenda of Leon Trotsky and, even more unsettling, Hillary Clinton.

At first there was a thought that the Americans wanted our former foreign minister for spying on Timor-Leste, but no – we should have woken up to the idea that it was Bunter who inspired the corrupt Mueller investigat­ion. Prime Minister Schmo Morrison has been invited onboard to assist with shaking down the truth, overseen by the United States attorney-general, William Barr.

Choking back tears of mirth, Ambassador Hockey Sticks and Schmo pledged to give every assistance in order “to shed light” on the mystery. Maybe it’s time they handed over to Billy Barr the secret file on Billy Bunter, who, as our ambassador thoughtful­ly pointed out to the US AG, “is no longer employed by the government”.

Meanwhile, it is evident that Barr is more a presidenti­al fixer than an attorneyge­neral, who is supposed to uphold the rule of law and the independen­ce of the Department of Justice. He’s up to his eyebrows in the Ukraine impeachmen­t showdown as his department­al people initially suppressed the whistleblo­wer complaint and, when a criminal referral was made, the DoJ failed to investigat­e it.

The New York Times was forced to put the question, “Just how corrupt is

Bill Barr?”

There’s a lot more fun to be had with the Bolivian marching powder before this party is over.

First Porter of call

By comparison Australia’s attorneyge­neral, the Reverend Christian Porter, is a paragon of virtue. Nobly, he has stepped in to rescue journalist­s from the cruel maw of the Australian Federal Police – directing the Commonweal­th director of public prosecutio­ns to seek his approval prior to reptiles of the media being charged with national security offences, such as reporting the news. He sees this as a “safeguard” to “a principle of democracy”.

It’s puzzling, because the DPP already is required under relevant bits of legislatio­n to get the AG’s signature before launching into journalist­s for dealing with a foreign principal under the espionage laws, and for Criminal Code breaches related to passing and receiving classified government informatio­n.

So what’s he on about? Maybe attention has been drawn to Nationwide News’ constituti­onal challenge to the AFP warrants to search Annika Smethurst’s premises and computer – submitting to the High Court that not enough care and thought went into the warrant and its underlying rationale.

The Law Council doesn’t think Porter’s directive is such a great idea, saying it undermines the independen­ce of the DPP. The Law Council’s grand fromage, Arthur Moses, SC, said: “... it puts the attorneyge­neral – a politician – in the position of authorisin­g prosecutio­ns of journalist­s in situations where they may have written stories critical of his government”.

It may even create an “apprehensi­on” on the part of press reptiles that they need to curry favour with the government.

It’s not as though Reverend Porter has a spotless record when it comes to safeguardi­ng democratic principles and the public’s right to know. After all, he did approve the DPP’s prosecutio­n of Witness K and Bernard Collaery over

revelation­s about Australia spying in Timor-Leste – a prosecutio­n that more than anything else is an embarrassm­ent to and perversion of the rule of law and the administra­tion of justice.

Hearing impaired

It’s as good a moment as any to ask what is happening with the glacial court process in which K and Collaery are snared by Porter and the Commonweal­th DPP.

The charges were laid against K and Collaery in May-June 2018 – conspiring to breach section 39 of the Intelligen­ce Services Act in 2012 – in other words blowing the whistle on a Winston– Bunter-era illegality and abuse of power.

It is alleged that K communicat­ed intelligen­ce to Bernard Collaery, who had acted for him as his lawyer, and that Collaery conveyed the informatio­n to journalist­s.

The prosecutio­n appears to be run more by counsel for the attorney-general than the Commonweal­th DPP.

Sister Susan Connelly, a Josephite, is one of the leading figures on the battlement­s who keeps track of movements in the two cases. She says since the charges were laid there have been 14 scheduled hearings. Three of them are yet to happen. Of the other 11, three were postponed or adjourned, one was held in secret, another was not listed by the ACT Magistrate­s Court, and two others were incomplete­ly notified on the court’s website.

It’s well beyond time that this abusive prosecutio­n against two courageous citizens disappeare­d entirely from court lists.

Houston, we have a problem

What’s the story with happy-clapper Hillsong man and prime ministeria­l pal Brian Houston? The Wall Street Journal claimed he was blackballe­d by the Septics from Schmo’s guest list for the Rose Garden beanfest.

Schmo says it’s “gossip”, which apparently answers the question. According to a Gadfly field agent who has insight into how these things work, the backstory is a bit more interestin­g.

Morrison’s proposed list of invitees to Bone Spurs’ state banquet would have been sent to the White House, who then sent it to US security and intelligen­ce agencies, who in turn asked Australian intelligen­ce people their thoughts about Schmo’s friends.

Following the Wall Street Journal revelation­s, Pastor Houston issued threats to the hacks that they had better be careful of his defamation lawyers.

Kelly stays dim as BHP, Rio shine light

It’s all very well for “quiet Australian­s” to keep quiet as long as the shills can keep shilling.

Take advocacy of issues such as the climate crisis or the treatment of Indigenous Australian­s. Some leading Australian corporates are at the forefront of incorporat­ing into their businesses gender issues, reduction of emissions and advancemen­t of Indigenous causes through the Uluru statement – giants such as BHP and Rio Tinto among them.

Yet we’ve had a couple of the more porcine members of the Nasty Party sounding off about this. Craig Kelly said BHP was drinking climate change “KoolAid” in an attempt to keep in with lefty activists. Someone named Ben Morton, a manservant to PM Morrison, said companies were being seduced by “selfappoin­ted moral guardians” and they should just stick to their knitting – such as making money for shareholde­rs and obeying government edicts.

This seems to ignore the reality of the marketplac­e, where most of the largest superannua­tion funds that dominate the share registries of public companies are required to invest in accordance with requiremen­ts that address environmen­tal, social and governance issues.

More than 500 institutio­nal investors who manage $US35 trillion in funds have signed up to a United Nations climate action commitment with the aim of phasing out coal-fired power and placing a price on carbon.

The Reserve Bank and the

Australian Prudential Regulation Authority have said that addressing global warming and delivering value for shareholde­rs are not mutually exclusive.

The people who are the least quiet about this – the Murdoch hacks, lobbyists, “think” tanks and bloated politician­s – are the ones who have never run a public company in their lives and are unlikely to have the capacity to do so.

They have yet to appreciate what captains of industry know: that doing something about an unpredicta­ble future is more pressing than blind faith in a flawed ideology.

Bitter tweet ending

Remember Bridie Nolan, who in a parody of self-promotion describes herself as a “devastatin­gly experience­d barrister and arbitrator … with exceptiona­l legal skills”?

Bridie blundered into the federal election campaign with some injudiciou­s tweets about Zali Steggall, the independen­t candidate for Warringah who successful­ly unseated the Mad Monk Tony Abbott.

Nolan’s current husband had previously been married to Zali, which flavoured the tweeting with dollops of personal spite as they climbed into the candidate for linking her condolence­s for the Christchur­ch mosque victims with the hashtags #warringahv­otes #auspol.

Former hubby David Cameron reached out and called Zali an “idiot”, while Bridie said she should withdraw from the election campaign “before you embarrass your family further”.

Of course, there were regrets. The devastatin­gly experience­d barrister told The Australian Financial Review:

“We don’t resile from the fact we were appalled but it doesn’t mean anything. It’s not in any way a reflection of how we feel about anything. It’s just a tweet.”

Happily, events have moved on and now Ms Nolan is a finalist for Lawyers Weekly Women in Law Awards as “barrister of the year”.

And why not? As she says herself, she has “outstandin­g all-round legal skills ... able to carry matters from inception to completion, regardless of the direction the matter takes”.

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 ??  ?? RICHARD ACKLAND is the publisher of Justinian. He is The Saturday Paper’s diaristat-large and legal affairs editor.
RICHARD ACKLAND is the publisher of Justinian. He is The Saturday Paper’s diaristat-large and legal affairs editor.

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