Witness K is in the dock but institutions vital to Australias democracy are on trial – The Guardian
Timor-Leste only achieved independence in 2002. It was Asias poorest country and desperately needed revenue. Revenue from massive gas resources in the Timor Sea was its big hope. But it needed to negotiate a treaty with Australia on their carve-up. Australia ruthlessly exploited that fact: delays from the Australian side in negotiating a treaty for the carve-up of those resources, and repeated threats of more delays, were a constant theme of the negotiations. In November 2002 the former Australian foreign minister Alexander Downer told Timor-Lestes prime minister, Mari Alkatiri: We dont have to exploit the resources. They can stay there for 20, 40, 50 years. In late 2003 Timor-Leste requested monthly discussions. Australia claimed it could only afford two rounds a year. Poor Timor-Leste offered to fund rich Australias expenses. Australia didnt accept.
The two countries had solemnly agreed to negotiate in good faith. But Australias realpolitik approach was rather: Never give a sucker an even break. Downer told Alkatiri: We are very tough. We will not care if you give information to the media. Let me give you a tutorial in politics not a chance. The truly stark realpolitik bottom line: Downer was probably an invisible man at Timor-Lestes cabinet table. The Australian Secret Intelligence Service, under the guise of renovating Timor-Lestes cabinet room, planted bugs so the Australians could overhear the leaders deliberations. Downer was responsible for Asis. Downer and the Australian government have never confirmed or denied the bugging.
Fortunately, Australias reputation has not been more badly damaged for its grubby behaviour towards Timor-Leste, for two reasons.
First, long-suffering Timor Leste did not maximise opportunities to embarrass Australia. Perhaps Downers bullyboy warning to Alkatiri worked. Ever since the second world war, Australia has promoted its brand as being member No 1 of the rules-based international good citizenship club. In 2004 it was Timor-Leste which played the honourable role, not Australia.
The people who let Australia down so badly in 2004 have not been punished
Second, because the bugging was quietly outed, Australia was given the opportunity to renegotiate the treaty with Timor-Leste to a much fairer outcome, and one more in accord with international norms.
Now one of the Asis officers who did the bugging, Witness K, and his lawyer, Bernard Collaery, are being prosecuted for alleged involvement in Australias despicable actions becoming public.
The prosecutions of Collaery and Witness K were revealed in federal parliament more than two years ago by the independent MP Andrew Wilkie. Wilkie said senior government officials were the real criminals the people who ordered the illegal bugging. Wilkie called upon the Australian federal police to launch an investigation into the bugging. Three senators Rex Patrick, Nick McKim and Tim Storer joined that call. Wilkie said: We wish the police to conduct an investigation to look at whos involved, who the senior officials are, who the government ministers were, noting all of this has been done in secret, adding: No one is above the law.
The bugging was probably criminal according to the laws of both Australia and Timor-Leste, and those who authorised it were likely to have committed the common law crime of conspiracy to defraud.
Two years after Wilkies parliamentary call, the AFP seems to have ignored the four members of parliament. Some people do seem to be above the law. Those people do not include Witness K and Collaery.
The major beneficiary of Australias negotiated initial win was Woodside Petroleum, though the company says it is yet to make any profit from the Timor Sea reserves. In 2014 Downer said on ABC Four Corners that Australia had acted in Woodsides interests in the negotiations. After leaving politics, Downer became a paid consultant to Woodside. The head of Downers department at the time of the bugging, the late Dr Ashton Calvert, became a director of Woodside within eight months after retiring from foreign affairs, and within a year of the bugging.
Witness K was incensed that Downer had profited by becoming a consultant to Woodside. The whistleblower complained to the inspector general of intelligence and security of a changed Asis culture. He was authorised to engage Collaery. The charges against Collaery stem from that engagement. Revelation of the bugging helped Timor-Leste overturn the deal initially negotiated, arguing that the bugging tainted good faith negotiations.
The people who let Australia down so badly in 2004 have not been punished. It is simply not credible that Asis undertook the bugging without the approval of Downer and the then prime minister, John Howard.
The bugging took place 16 years ago but it is not ancient history the criminal prosecutions to kill the alleged messengers are in full swing. Further, although 16 years is a long time in politics, former colleagues of the guilty parties and some of those parties themselves are still very much on the scene.
For example, according to his parliamentary biography, the present Australian treasurer, Josh Frydenberg, was an adviser to Downer from 1999-2001, and was a senior adviser to Howard from 2003-04, the latter being the year of the bugging. Frydenbergs Wikipedia entry says that, in Howards office, he specialised in domestic security issues, border protection, justice and industrial relations.
By 2005 Frydenberg was a director at Deutsche Bank. He was interviewed on Channel Sevens Sunrise program from Timor-Leste in 2006. David Koch introduced Frydenberg to viewers simply as having been a former adviser to Howard and Downer with no reference to Deutsche Bank. Frydenberg spoke to viewers as if he represented the Australian government: Our teams going to be led by a deputy secretary from the Department of Foreign Affairs. The Timor-Leste side is going to be led by their resources minister. In effect, Frydenberg argued Australias case to the viewers, speaking knowledgeably about the resources at stake.
Collaery and Witness K are in the dock but institutions vital to Australias democracy are on trial: the judiciary, the director of public prosecutions and the AFP, as well as that once important guardian of the public interest the attorney general. Each must ensure that Australias legal and criminal justice systems operate apolitically and are not strong-armed to protect ministers and other government officials past and present Andrew Wilkies real criminals.
Ian Cunliffe is the former head of the legal section of the Department of Prime Minister and Cabinet, chief executive of the Australian Constitutional Commission and chief executive/director of research of the Australian Law Reform Commission
Go here to read the rest:
Witness K is in the dock but institutions vital to Australias democracy are on trial - The Guardian
- Trump Goes Dark MAGA and Calls Harris Threat to Democracy - The Daily Beast - October 14th, 2024 [October 14th, 2024]
- Nikole Hannah-Jones, Center for Journalism and Democracy Host Third Annual Democracy Summit - The Dig - October 14th, 2024 [October 14th, 2024]
- Democracy requires us to consider the hypotheticals all of them - Star Tribune - October 14th, 2024 [October 14th, 2024]
- The Militarys Role in Democracy the topic Oct. 22 at URI Rhody Today - The University of Rhode Island - October 14th, 2024 [October 14th, 2024]
- Dr. Heather Cox Richardson on Democracy Awakening: Notes on the State of America, Part 1 of 2 - Brene Brown - October 14th, 2024 [October 14th, 2024]
- Opinion | Lies, liars and lying threaten democracy and lives - The Washington Post - October 14th, 2024 [October 14th, 2024]
- October 21 Safeguarding Democracy Project Webinar: "A.I., Social Media, the Information Environment and the 2024 Elections" (Klonick, Nyhan,... - October 14th, 2024 [October 14th, 2024]
- US Supreme Court term opens with the stench of a democracy in shambles - WSWS - October 14th, 2024 [October 14th, 2024]
- Opinion | The project to bring democracy west of Pittsburgh - The Washington Post - October 14th, 2024 [October 14th, 2024]
- Be well informed to make best vote for democracy - Polkio.com - October 14th, 2024 [October 14th, 2024]
- Is the Constitution threatening democracy? Former UCI law dean argues it is - Inland Valley Daily Bulletin - October 14th, 2024 [October 14th, 2024]
- Democracy and reality are on the ballot - The Hill - October 14th, 2024 [October 14th, 2024]
- Motaz Azaiza, Acclaimed Journalist from Gaza, on Photographing War & Making Art from the Pain - Democracy Now! - October 14th, 2024 [October 14th, 2024]
- Proving Democracy's Resolve and Resilience: Forum 2000 opens in Prague - Radio Prague International - October 14th, 2024 [October 14th, 2024]
- Stanford Olivier Nomellini Senior Fellow speaks on the global crisis of democracy - The Tiger - October 14th, 2024 [October 14th, 2024]
- In an Era of Mistrust and Upheaval, Democracy Seeks a Path Forward - The New York Times - October 14th, 2024 [October 14th, 2024]
- Over a billion have voted in 2024: has democracy won? - The Economist - October 7th, 2024 [October 7th, 2024]
- Whats at stake is the world: Nobel winner Maria Ressa warns U.S. election a tipping point for democracy - POLITICO - October 7th, 2024 [October 7th, 2024]
- Why trying to protect freedom may work better than campaigning to protect democracy - The Fulcrum - October 7th, 2024 [October 7th, 2024]
- Editorial: Democracy doesnt have to be a beast of burden - TBR News Media - October 7th, 2024 [October 7th, 2024]
- Spreading Democracy May Not Be In The United States Best Interest OpEd - Eurasia Review - October 7th, 2024 [October 7th, 2024]
- Opinion: Trump lost the respect of veterans including me. He's a risk to our democracy. - USA TODAY - October 7th, 2024 [October 7th, 2024]
- Dont panic: AI can strengthen democracy too - College of Social Sciences and Humanities - October 7th, 2024 [October 7th, 2024]
- Mathews: Democracy is not in decline, but the global nation-states are - The Mercury News - October 7th, 2024 [October 7th, 2024]
- Rooks: Republicans join the battle to save democracy - Seacoastonline.com - October 7th, 2024 [October 7th, 2024]
- Everything your kids wont learn in school about our democracy: Can parents fill the void? - KCRW - October 7th, 2024 [October 7th, 2024]
- Saed drives the last nail in the coffin of Tunisian democracy - Institute for Security Studies - October 7th, 2024 [October 7th, 2024]
- JD Vance is the handpicked leader of the anti-democracy movement in the US - The Guardian - October 4th, 2024 [October 4th, 2024]
- How to rebuild democracy to truly harness the power of the people - New Scientist - October 4th, 2024 [October 4th, 2024]
- The Assault On Democracy Goes Global - Foreign Policy In Focus - October 4th, 2024 [October 4th, 2024]
- How political bettors are gambling on the future of democracy - MSNBC - October 4th, 2024 [October 4th, 2024]
- Democracy by Design: How IFES and AEOBiH Built Bosnias Election Blueprint - The International Foundation for Electoral Systems - October 4th, 2024 [October 4th, 2024]
- Democracy Is Fading in the Birthplace of the Arab Spring - Bloomberg - October 4th, 2024 [October 4th, 2024]
- Leveraging AI for Democracy: Civic Innovation on the New Digital Playing Field - National Endowment for Democracy - October 4th, 2024 [October 4th, 2024]
- Hawthorn Hill Journal: Of Signs and Democracy - AllOTSEGO - October 4th, 2024 [October 4th, 2024]
- Truth and democracy in an era of misinformation - Science - October 4th, 2024 [October 4th, 2024]
- Readers are concerned about democracy, but in very different ways - San Antonio Express-News - October 4th, 2024 [October 4th, 2024]
- The Maine Idea: Republicans join the battle to save democracy - Press Herald - October 4th, 2024 [October 4th, 2024]
- The Democratic Party is the real threat to democracy - Washington Examiner - October 4th, 2024 [October 4th, 2024]
- Why trying to protect freedom may work better than campaigning to protect democracy - The Conversation Indonesia - October 4th, 2024 [October 4th, 2024]
- Opinion: Democracy has the right to defend itself against the clown car - The Mercury News - October 4th, 2024 [October 4th, 2024]
- Three Lesser-Known Democracy Funders That Front-Loaded Support This Year - Inside Philanthropy - October 4th, 2024 [October 4th, 2024]
- Saed and the Mirage of Direct Democracy - ISPI - October 4th, 2024 [October 4th, 2024]
- Vance: Post-Trump President and Future of the Anti-Democracy Movement - LA Progressive - October 4th, 2024 [October 4th, 2024]
- Israels Attacks on Gaza Have Wiped Out 902 Entire Palestinian Families - Democracy Now! - October 4th, 2024 [October 4th, 2024]
- VP Debate Exchange on the Transfer of Power and State of Democracy - C-SPAN - October 3rd, 2024 [October 3rd, 2024]
- WATCH: Voters react in real time to key Vance-Walz debate moments on immigration, democracy, abortion - Fox News - October 3rd, 2024 [October 3rd, 2024]
- Commentary: Democracy does not start or end at the ballot box - Ithaca College The Ithacan - October 3rd, 2024 [October 3rd, 2024]
- The Judiciary Reform and the risk of Playing with the Pillars of Democracy - Wilson Center - October 3rd, 2024 [October 3rd, 2024]
- Fred Upton talks on protecting democracy, harms of dark money at WMU event - MLive.com - October 3rd, 2024 [October 3rd, 2024]
- Defending Democracy in the US - Human Rights Watch - October 3rd, 2024 [October 3rd, 2024]
- Part of the conversation | Our Shared Democracy connects people through civic engagement - NCWLIFE News - October 3rd, 2024 [October 3rd, 2024]
- How WITF is using democracy reporting to build trust and tamp down political rhetoric - Editor And Publisher Magazine - October 3rd, 2024 [October 3rd, 2024]
- Jabonero (OEI): The problems of Latin America are solved with democracy, not by enlightened saviors - The Diplomat in Spain - October 3rd, 2024 [October 3rd, 2024]
- Religious scholar uncovers the 'spiritual warriors' threatening Democracy - WYPR - October 3rd, 2024 [October 3rd, 2024]
- The crucial role of opposition in safeguarding democracy - The Jakarta Post - October 3rd, 2024 [October 3rd, 2024]
- Deliberative Democracy and Climate Change: Exploring the Potential of Climate Assemblies in the Global South - International IDEA - October 3rd, 2024 [October 3rd, 2024]
- Hakeem Jeffries on Winning the House and Defending Democracy Against Another January 6 - Vanity Fair - October 3rd, 2024 [October 3rd, 2024]
- 'The Teamsters are paragons of democracy' - The Week - October 3rd, 2024 [October 3rd, 2024]
- Dan Rather: The Real Threat That Trump Poses to Our Democracy - OB Rag - October 3rd, 2024 [October 3rd, 2024]
- Elon Musk: Voting for Trump only way to save democracy - The Hill - October 1st, 2024 [October 1st, 2024]
- Opinion | The hard and sacred work of renewing democracy - The Washington Post - October 1st, 2024 [October 1st, 2024]
- Opinion | The Teamsters Make a Lonely Stand for Democracy - The Wall Street Journal - October 1st, 2024 [October 1st, 2024]
- Spreading Democracy May Not Be in the United States Best Interest - AIER - Daily Economy News - October 1st, 2024 [October 1st, 2024]
- The Partnership That Can Save American Democracy And Its People - Forbes - October 1st, 2024 [October 1st, 2024]
- An American Democracy Built for the People: Why Democracy Matters and How To Make It Work for the 21st Century - Center For American Progress - October 1st, 2024 [October 1st, 2024]
- Dont panic: AI can strengthen democracy too - Bulletin of the Atomic Scientists - October 1st, 2024 [October 1st, 2024]
- The Scopes Trial and the Two Visions of US Democracy - The Nation - October 1st, 2024 [October 1st, 2024]
- Democrats Sue Georgia Election Board Over Ballot Hand Counting Rule - Democracy Docket - October 1st, 2024 [October 1st, 2024]
- Gideon Levy: Israels Barbaric Glee over Nasrallahs Assassination Is a New Low for Israeli Society - Democracy Now! - October 1st, 2024 [October 1st, 2024]
- Will Trump try to end democracy? Yes but these scholars claim he can't pull it off - Salon - October 1st, 2024 [October 1st, 2024]
- Inside the First Democracy Heroes Awards: A Night of Celebration and Hope with Jessica Alba and Ariana DeBose - Vogue - October 1st, 2024 [October 1st, 2024]
- Project 2025 is a Mandate for Destroying Democracy and the Climate - greenpeace.org - October 1st, 2024 [October 1st, 2024]
- 'The game gets weird': Frostpunk 2 player figures out that the apocalypse is easier without the annoying implications of fostering a democracy - PC... - October 1st, 2024 [October 1st, 2024]
- Melania Trump wants people to stop calling her husband a threat to democracy - PBS NewsHour - October 1st, 2024 [October 1st, 2024]
- North Carolina Election Boards Remove Over 700,000 Ineligible Voters - Democracy Docket - October 1st, 2024 [October 1st, 2024]
- Why trying to protect freedom may work better than campaigning to protect democracy - Phys.org - October 1st, 2024 [October 1st, 2024]
- Meet The Candidates Running Against Election Deniers In Their Communities - Democracy Docket - October 1st, 2024 [October 1st, 2024]
- Green Pres. & VP Candidates Jill Stein, Butch Ware on Gaza & Fighting Two Zombie Political Parties - Democracy Now! - October 1st, 2024 [October 1st, 2024]
- The role of deepfakes in the year of democracy, disinformation, and distrust - TechRadar - October 1st, 2024 [October 1st, 2024]