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Monday, 26 November 2012

Note to editors/journalists - Julia Gillard is currently facing very serious allegations and Victoria Police are investigating those allegations

I first published this piece on 26 November last year.   As many of you are aware, there's been a bit of a cheer-squad for the PM parrotting the Labor Party line that she did nothing wrong.   Sadly, Ray Hadley is one of those people.   Ray, I wish you well, but you need to read more and weigh up evidence yourself, don't just rely on reading out newspaper articles and taking your lead from others. I've written to Ray after what he said on air and wrote in emails about me and my email to him is copied at the bottom of this 29 November, 2012 post.

ORIGINAL POST

The government's approach to The AWU Scandal is for each Labor member to parrot a line.

"No allegation of wrongdoing has been made against the Prime Minister".

Here are just a few examples of the mantra trotted out over the weekend.

 Tony Burke, the environment minister, "there is no actual allegation for Ms Gillard to take on."

Defending Ms Gillard, Attorney-General Nicola Roxon said none of the matters raised added up to any substantive allegations.


"There is still no allegation of impropriety or illegal conduct by the Prime Minister.'' Nicola Roxon.

Foreign Minister Bob Carr said that ''as we in the Labor party see it, this is a conspiracy theory fastened on by the opposition''. 

"This is a smear campaign which is not based on any facts", Wayne Swan. 

The Prime Minister herself said that after years of examination of the AWU matter there was “not
one substantiated allegation of wrongdoing” against her.

Well that is just plain wrong.

On 11 October, 2012 I interviewed Ralph Edwin Blewitt for the first time.   He stated that the Power of Attorney that purports to have been witnessed by Julia Gillard simply wasn't witnessed by her.   He said that the document was backdated, was brought to Perth by Bruce Wilson and Julia Gillard was not present when he signed it.

I thought about that overnight 11 October.   I sought expert legal advice from a Queen's Counsel who practices in criminal law.

I reviewed Section 83A of the Crimes Act Victoria. - Creation of False Documents, penalty 10 years gaol.

In particular I noted this provision of Section 83A:

(6) For the purpose of this section, a document is false if it purports-

   (g)  to have been made or altered on a date on which, or at a place at
        which, or otherwise in circumstances in which, it was not in fact made
        or altered;

On 12 October, 2012 I wrote to the Prime Minister to get her side of the story.

http://www.michaelsmithnews.com/2012/10/for-the-public-record-please-prime-minister.html

I waited 5 days for an answer.   I received no answer.  That left a substantial allegation of a serious indictable offence against Julia Eileen GILLARD unanswered, the evidence unchallenged by her.

As a result of her silence, on 17 October, 2012, I reported the Prime Minister's conduct in the matter of the Power of Attorney to the Chief Commissioner of Police, Victoria Police Force.

Here is a link to my original letter of 17 October.   There's a note on the top of it that I added about 4 weeks later after I received some information from police that I thought would remain confidential.  

http://www.michaelsmithnews.com/2012/10/my-report-to-the-chief-commissioner-of-police-in-victoria.html

On 12 November, 2012 a Detective Sergeant with the Fraud Squad contacted me to tell me that he was in charge of the initial investigation.   He and I had several conversations that day and I furnished further and better particulars to him as well as some further documentary evidence.

The detective then asked me if I could contact Ralph Edwin Blewitt and if so could I invite him to attend on Victoria Police to make a statement.   It's now widely known that Mr Blewitt did in fact return to Australia as a result of the detective's request.

I wrote this letter to Blewitt's lawyers that day - it's not been published and as the confidentiality provisions have now lapsed here it is for the record.

 

Dear Mr Galbally,
CONFIDENTIAL AND PRIVILEGED COMMUNICATION - FORWARDED FOR THE SOLE AND EXCLUSIVE PURPOSE OF LEGAL ADVICE
I write in the belief that you act for Ralph Edwin BLEWITT.
On Thursday, 11 October, 2012 I interviewed Mr Blewitt about certain aspects of the purchase of 1/85 Kerr Street Fitzroy including the purported Specific Power of Attorney witnessed by Julia Gillard.   I published the audio of that interview to the internet at www.michaelsmithnews.com
On Wednesday, 17 October, 2012, I wrote to the Chief Commissioner of Police in Victoria and reported what appeared to me to be a prima facie case of the creation of a false instrument.
I promptly received a letter from Chief Commissioner Lay's staff advising that the matter had been reported and was receiving the attention of the crime department.
I was telephoned today by Detective Sergeant XXXXXXX (tel XXXX, MOBILE XXXXXX).   Detective Sergeant XXXXX told me that the police are in the early stages of assessing the possible offences disclosed by the conduct of various players in The AWU Scandal.
Victoria Police are keen to speak with Mr BLEWITT or you in the first instance as his advisor.   I have mentioned to Ralph that I've been contacted by Victoria Police.  
Yours

 

As a result of the request made by Victoria Police, Ralph Blewitt attended at various lawyers offices in Melbourne last week for the purpose of producing detailed, admissible and relevant statements to police regarding certain events in The AWU Scandal.  

On Friday, 23 November, Mr Blewitt attended with his lawyer at the Victoria Police Fraud Squad offices in Melbourne.   He voluntarily made written statements to police without the benefit of immunity from prosecution himself.   He is in jeopardy of being charged with serious offences.   Ralph's statements to police contain a provision that those statements in and of themselves cannot be used against him, but that does not stop police using other evidence or statements from other people to charge Blewitt.

From Friday, 23 November to today Monday 26 I have remained in contact with the Detective Sergeant who is responsible for assessing the case against the known offender in the matter I reported on 12 October.  

So it is a manifestly false statement on the part of Ms Gillard and her government to say that "no allegation of wrongdoing has been made against the Prime Minister".

I have made such an allegation, the report to police has been accepted and it is being investigated.

Perhaps someone who works in the media and gets paid for it might wake up some time soon to the phenomenon of news being generated other than through a Canberra Press Gallery Media Release.

Then next time Julia Gillard hits the pack with the "there's no allegation" bulltish they might remind her of the serious charges she may face. 

ENDS

Now here is my note today to Ray.

---------- Forwarded message ----------
From: Michael Smith 
Date: Wed, Jan 23, 2013 at 5:39 PM
Subject: Victoria Police Investigation into persons of interest in a union related fraud
To: [email protected]


Ray,
 
I understand that you've taken an interest in The AWU Scandal.
 
On 17 October, 2012, I made by way of email a detailed, written report to Chief Commissioner of Police Ken Lay APM of the prima facie evidence in a matter of the serious indictable offence of creating a false instrument, Section 83A of the Crimes Act, Victoria.   I detailed my observations in relation to the evidence, and I named an offender, Julia Eileen GILLARD.  
 
I sent copies of my recorded interview with the person from whom the Power of Attorney was improperly obtained.   Before I reported the matter, I offered Ms Gillard the right of reply, given that the accusations against her had been published, She did not answer.   I pointed out that I felt that in the absence of any evidence, at all, to the contrary, I was duty bound to report the Serious Indictable Offence to police.
 
Police wrote to me and advised me that the reported crime had been referred to the Crime Department (detectives) for assessment.   I have since liaised closely with police who have done a very good job of keeping me appraised of the progress of their investigations.
 
You are misleading your listeners when you say that Julia Eileen Gillard is not the subject of a police investigation into a major fraud.   I think it's premature to say as you do, that Ms Gillard didn't break the law, and you are simply wrong when you say there's no proof of an illegal act in respect of Ms Gillard.
 
I attach links to some of the relevant correspondence to support my contention.
 
Kind regards,
 
Michael Smith
 
 
 
PS - You'll find lots more detailed research on my website www.michaelsmithnews.com
 

 



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Where it Started

Gillard & the AWU scandal

Interview with Bob Kernohan

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