Read all about it - soon it will be a crime
SMH - 28 October 2005
Raided, but you couldn't read about it
The Age October 28, 2005
Bilal Daye and ASIO director-general Paul O'Sullivan have got at least one thing in common - they both went to school at Randwick's Marcellin college.
But for that footnote in their CVs, there is little to compare the two men. One is the head of Australia's domestic spy agency, the other was raided twice by federal authorities, suspected of being a terrorist. On Tuesday, Mr Daye will take Mr O'Sullivan and the Commonwealth Government to the District Court, seeking damages of up to $750,000 for a bungled swoop by ASIO agents and heavily armed police on his Mascot home.
It is a story that anyone interested in the subject should read now. Under the proposed anti-terrorism laws stories like Mr Daye's could not be told.
For Mr Daye, it is an opportunity to seek redress for an incident that he says badly traumatised himself, his family and sullied his reputation in the community. It is also a cautionary tale about how intelligence on terrorism suspects can be wrong, and how security authorities can make the most elementary mistakes.
By coincidence, the case will be heard on the day the Federal Government had slated to introduce legislation for new anti-terrorism measures, including control orders and preventive detention based only on intelligence, as well as the secrecy provisions which could ban such stories being reported.
Mr Daye's home was raided weeks after the September 11 attack of 2001 while he was in bed with his wife, Fatma, who had arrived in Australia from Lebanon only four days earlier.
As he scrambled to get dressed, Mr Daye heard agents demand he open his bedroom door or "we're going to blow it off", according to his statement of claim. When he came out, there were guns pointed at his head. He was told to join other family members in the living room, kneel down and turn around.
His wife was refused permission to get dressed in the modest fashion that is the tradition for Muslim women in the presence of strangers, Mr Daye claims. "I thought it was a joke at first," he told the Herald. "I thought it was a dream. It couldn't be real. It turned out is was real and a nightmare."
As family members cowered and complained, an ASIO "technical team" began to film the premises and take photographs.
According to an account by the then Inspector-General of Intelligence and Security, Bill Blick, the senior ASIO officer then realised he had made a "serious" error. He had the wrong address on the search and seizure warrant. That should have been patently obvious because ASIO and police had earlier gone to the actual address on the warrant - Mr Daye's father's grocery shop - about 100 metres down the road. ... more
Proposed counter-terrorism laws go too far: survey
ABC Online, Australia -10 hours ago
TONY JONES: During this week of intense debate over the Government's proposed anti-terror laws, Lateline's Margot O'Neill has conducted an informal survey survey of 25 of Australia's leading security analysts - http://www.abc.net.au/lateline/content/2005/s1492436.htm
Lateline Survey Of Australian Security Experts
ABC Online, Australia -10 hours ago
We asked 25 experts with experience in either intelligence, counter-terrorism or security policy to respond to the following questions about the federal government's proposed anti-terror laws. Their responses were given on the basis that the final version of the laws has not been announced. They were given the choice of answering YES, NO or UNCLEAR and were able to state a qualification.
The questions were:
Question 1: Do you think the proposed new anti-terror laws are proportionate to the terrorist threat to Australia?
Question 2: Do you think the proposed new anti-terror laws will help deter and prevent prevent terrorism inside Australia?
Cracks in terror solidarity
SMH, by David Marr and Marian Wilkinson ,October 28, 2005
The NSW Attorney-General, Bob Debus, has publicly questioned the adequacy of the safeguards in Howard Government's anti-terrorism bill.
In remarks that are at odds with the Premier, Morris Iemma's determined support for the legislation
Terrorism laws: states may prompt hold-up
SMH - 27 October 2005
The federal government will almost certainly have to delay introducing its counter-terrorism laws, as state and territory leaders demand more time to look over the controversial measures. - http://www.smh.com.au/news/national/terrorism-laws-states-may-prompt-holdup/2005/10/27/1130367978654.html
Essential liberties are lost in imitation
SMH - 27 October 2005
Without a bill of rights, Australia lacks the safeguards that underpin Britain's stand on terrorism, writes George Williams.
After the London bombings in July, it comes as no surprise that Britain, like Australia, is in the midst of debate about new terrorism laws. These debates cover the same ground because the Australian law is based largely on British precedents. Indeed, John Howard has sought to justify our new law on the basis that it represents "best practice" from overseas.
NSW Law Society calls for counter-terrorism boycott
ABC Online, Australia - 27 October 2005
ELEANOR HALL: As the nation's leaders continue today to discuss how to overcome the potential constitutional problems with the Federal Government's proposed counter-terrorism legislation, the Law Society of New South Wales has added to the controversy by calling on judges to boycott parts of the planned laws. - http://www.abc.net.au/worldtoday/content/2005/s1491917.htm
Lawyers ask for terror bill boycott
Australian, Australia - 27 October 2005
THE NSW Law Society has called on judges to boycott parts of the planned terror legislation over fears they could allow the federal Government to engage in "judge shopping". - http://www.theaustralian.news.com.au/common/story_page/0,5744,17048814%255E2702,00.html
Terror laws give judges option: lawyers
Sydney Morning Herald (subscription), Australia -25 October 2005
The federal government's new anti-terrorism laws would effectively give judges a conscience vote on whether tough new powers breached human rights, the Law Society of NSW says. Under the laws, to go to parliament on Tuesday, a federal judge or magistrate would issue orders to detain terror suspects for up to 14 days or impose control orders of up to 12 months. http://www.smh.com.au/news/National/Terror-laws-give-judges-option-lawyers/2005/10/26/1130291435210.html
UN scandal hits wheat board sales
The Australian, 28 Oct 2005
AUSTRALIAN wheat sales to Iraq were used to illegally funnel about $US200 million from the UN humanitarian oil-for-food program to prop up Saddam Hussein's murderous regime.
Farmers last night expressed fury that their grain had been used in illicit deals that could still be funding the bloody insurgency in Iraq.
And the Howard Government was bracing itself for an explosive UN report, which identifies the AWB as one of 3000 companies involved in the corruption scandal that siphoned $US12.8 billion to Saddam over the seven years the program operated.
US Conference offers fresh and compelling new views on terrorism as nation's partisans sleep .
Radical Middle Newsletter, 15 Sept 2005
Where do you go if you think terrorism is a clear and present danger but can’t buy into the Bush Administration’s way of dealing with it?
For two days last week in Washington DC, there was no question where to go. You got yourself to the gorgeous multi-chandeliered ballroom at the Capital Hilton and took part in the New America Foundation’s “Terrorism, Security and America’s Purpose” conference.
Unlike left-wing conferences of a vaguely similar ilk, this one was NOT organized to rally opposition to the war in Iraq. Or to “rally” anything else. It was rhetoric-free, thoughtful, honest, and (therefore) genuinely inspiring. You couldn’t sit through it without concluding we can build a better world.
Working group papers: http://www.americaspurpose.org/working_group_summaries.pdf
US Official Says Asian Money Laundering Finances Terrorism
Voice of America - 27 Oct 2005
A senior American Treasury Department official says Macau has pledged to combat money laundering, after the United States charged a bank in the former Portuguese colony was working on behalf of North Korea. -http://www.voanews.com/english/2005-10-26-voa30.cfm
Gorbachev blames poverty for terrorism
Norman Transcript, OK - 27 October 2005
Poverty is to blame for terrorism plaguing the globe, former Soviet leader Mikhail Gorbachev said. “The roots of terrorism and extremism are in poverty and backwardness,” Gorbachev said, “even though there are other reasons. But poverty is the main reason for extremism.” He said, “The way to a peaceful world is to fight poverty.” - http://www.normantranscript.com/localnews/local_story_300004845 (if link doesn't work go to www.normantranscript.com, click on local news, then look for the article title in the lower left).
Terrorism bill passes its first test
Politics.co.uk, UK - 27 Oct 2005
The terrorism bill passed its first hurdle in the Commons last night as MPs voted overwhelmingly to give it a second reading. - http://www.politics.co.uk/domestic-policy/terrorism-bill-passes-its-first-test-$15075968.htm
Security Council official on media coverage of terrorism
RIA Novosti, Russia - 28 October 2005
GELENDZHIK (Krasnodar territory), October 27 (RIA Novosti) - The deputy head of the Russian Security Council said Thursday that the media and society played a key role in countering terrorism.
"No state will conquer terrorism if mass media, public organizations, and the people do not help," Valentin Sobolev said in an interview with RIA Novosti during the first international conference, Terrorism and Electronic Media.
Mikhail Gorbachev wants new world vision
United Press International - Oct 25, 2005
Mikhail Gorbachev, a Nobel Peace Prize winner and the last leader of the Soviet Union, is calling for a new era of world cooperation on major issues. Gorbachev, who heads a foundation in Russia, said only global cooperation can tackle international problems such as terrorism, poverty and saving the fragile environment. "No country alone can cope with these problems," the ex-Soviet leader told an audience of 8,000 during a 40-minute speech Monday night at Miami University of Ohio. - http://www.upi.com/NewsTrack/view.php?StoryID=20051025-014402-6899r
Gorbachev blasts world politics - Former Soviet Union leader speaks on US global role
Daily O'Collegian, OK - 27 October 2005
The last Soviet president told a crowded Kerr Activities Center that the United States has a rightful claim to international leadership but not to being a global dictator or policeman. http://www.ocolly.com/new_ocollycom/new_site/read_story.php?a_id=28311
ACT calls for terror-law deadline to be abandoned in light of new Constitutional advice.Media Release
26 October 2005
ACT Chief Minister Jon Stanhope has called on the Prime Minister to delay the introduction into the Federal Parliament of the Anti-Terrorism Bill, saying he believed it was now not possible to finalise the draft within the timeframe set down by the Prime Minister.
“Today I have received constitutional advice from Stephen Gageler, SC, that there is a substantial prospect that the changes to the Criminal Code proposed by the Federal Government would be held to be invalid by the High Court,” Mr Stanhope said today. “This advice builds on a growing body of evidence in recent days suggesting there are serious constitutional concerns with the draft and serious deficiencies in areas such as judicial review on the merits, the proposed extension to the laws of sedition, and other crucial human-rights issues.
“On the basis of the analyses I have received I am now persuaded that the drafted laws do not come close to meeting the assurance I received from the Prime Minister on September 27 that the laws would comply with Australia’s obligations under the International Covenant on Civil and Political Rights. I will insist on that assurance being met in full and I believe that to make the laws compatible will require a significant re-draft, something I am not confident can be achieved by next week.
“When one adds to the mix a serious prospect of constitutional challenge, it seems clear that the Prime Minister ought to do the right thing and pull back from the legislative fast-track he has imposed on the States and Territories. It would be irresponsible and irrational to proceed when questions of such seriousness are being posed daily.”
“While I appreciate the Prime Minister’s desire to have the new laws enacted as soon as possible, I believe that to ram through laws where there is such a high level of legal uncertainty would be counterproductive in the long run.
“The Christmas deadline for the legislation is an essentially artificial deadline, set by the Commonwealth. Laws of this seriousness deserve the most robust scrutiny imaginable, and the most sober reflection by legislators. I call on the Prime Minister to abandon his Friday deadline for sign-off by the States and Territories and to delay his plan to introduce the Bill into Federal Parliament next week. To stick to this arbitrary timeline could prove disastrous for those charged with administering these laws in an atmosphere of uncertainty.
“Barely a day now passes without another piece of expert advice emerging to cast doubts on one or more aspects of this draft legislation. Surely the Prime Minister cannot persist with his unrealistic deadline in the face of such growing concern.”An electronic copy of Stephen Gageler’s advice can be found at www.chiefminister.act.gov.au
We are briefed by the ACT Government Solicitor who acts for the Acting Chief Executive of the Department of Justice and Community Safety. We are asked to advise on the following question:
If the Anti-Terrorism Bill 2005 (Cth) was ACT legislation, please advise whether the Attorney-General may present a statement under section 37(3) of the ACT Human Rights Act stating that the bill is consistent with human rights. If not, please advise how the bill is not consistent with human rights.
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Constitutional advice from Stephen Gagelar, SC
The fundamental difficulty with each of the proposed Div 104 and the proposed Div 105 stems from the separation by Ch III of the Constitution of the "judicial power of the Commonwealth" conferred respectively by CH 1 of the Constitution which includes (s 51(xxxvii) and CH II of the Constitution and to a lesser, but not insignificant extent, also from the power conferred by s 122 of the Constitution (which is within Ch IV) which is allowing for the Commonwealth Parliament to makes laws for the government of a Territory allows it to make provision for the conferral on organs of government if "judicial power of the Territory".
The relevant effect of that separation of powers is that the Commonwealth Parliament cannot:
- confer any part of the "judicial power of the Commonwealth" on any person or body that is not a Ch III "court";
- Require or authorise a Ch III court to:
(a) exercise something other than "the judicial power of the Commonwealth"; or
(b) exercise the "judicial power of the Commonwealth" in a manner which is not consistent with the essential character of a court or with the nature of judicial power; or
- require or authorise any judge of a Ch III court to perform a non-judicial function of such a nature or in such a manner as to undermine the institutional integrity of the court of which he or she is a member.
The proposed Div 104 and the proposed Div 105 in various ways call into question each of those constitutional limitations.
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