Request for Update from Victoria Police regarding result of investigation into The AWU Scandal
Tuesday, 16 February 2016
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1:30 PM (0 minutes ago)
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Dear Chief Commissioner,
On Wednesday, 17 October 2012 I wrote Victoria’s then Chief Commissioner of Police Ken Lay APM to report what appeared to be at least one serious indictable offence arising from a complex series of frauds relating to an incorporated entity called “The AWU Workplace Reform Association Inc”.
Later that day the Chief Commisioner’s staff officer wrote to me to say that the apparent offences disclosed in my correspondence had been forwarded to the Crime Department for further assessment.
I understand that after crime screening process the investigation was assigned to the Major Fraud Squad and assigned the identifier “Operation Tenement”. I provided several hundred hours of my time and access to all the documentary and other evidentiary material i had or knew of to the detective responsible for Tendement.
It is now almost three and a half years since that initial report. Victoria Police appears to have made a substantial resource allocation into the investigation of the initial report and the consequential offence apparently disclosed.
I advised CCP Lay that I would make a public disclosure about my report to him and any replies I received. More than one million individuals have visited the website where I published the correspondence - and many of them, like me would like to know what’s become of the investigation.
May I ask:
Has Operation Tendement completed its investigation?
Were any offences disclosed?
Were any crime reports logged arising from Operation Tendement? If so for what offences? What are the Crime Report references?
Have any offenders been identified? For what offences? Have any offenders been interviewed?
Has Victoria Police completed a Brief(s) of Evidence as a result of Operation Tendement?
Was the Brief(s) authorised for prosecution? If so has process been issued? Have any offenders been arrested or charged?
Has a Brief(s) been forwarded to Victoria’s Office of Public Prosecutions? If so when? If the OPP has been in possession of a Brief(s) from detectives for a period in excess of 60 days, what is the reason for any delay in formulating charges or recommending no prosecutions?
When does Victoria Police say the matters might be finalised?
I propose to treat this note as a public communication along with any direct response Victoria Police sends to me.
Yours sincerely
Michael Smith
Affidavit of Detective Sergeant Ross Mitchell to the Melbourne Magistrates’ Court describing the investigation as at September 2013 http://resources.news.com.au/
Finding of Chief Magistrate Peter Lauritsen that documents seized by Victoria :Police from the law firm Slater and Gordon under authority of a search warrant were created in the furtherance of fraud. That finding was appealed and police discontinued their action in respect of some the documents the subject of the Chief Magistrates’ ruling http://resources.news.com.au/
Well done Michael. It's looking a bit like a stop has been placed on the investigation and / or prosecution now that Labor is in power.
Posted by: Boolean | Tuesday, 16 February 2016 at 05:37 PM
Any response will take some time; the Police and the OPP will have to be instructed by the CFMEU as to what can be said and done!
Posted by: The Viking | Tuesday, 16 February 2016 at 06:05 PM
That is good to read Michael. It's sad that senior responcible people can and often do the wrong thing because they beleive they will never be held to account. I've been asking a few people what they think about the fact that none of the 226 MPS and Senators in Federal Parliament have put a question on notice about Craig Thomson being allowed to get clean away with lying to the Federal Parliament. Are you surprised, who cares, and what do you expect? Are typical of their responses! I asked some of them if they pay taxes? Edward James from the Dolls House.
Posted by: Edward James | Tuesday, 16 February 2016 at 06:34 PM
If Cain is involved in the decision as to whether to proceed with prosecution, could there ever be a better "conflict of interest" situation?
Posted by: Col from Central Coast | Tuesday, 16 February 2016 at 06:58 PM
When the Andrews Government got voted in and Leys handed his resignation in I knew then it would be all over red rover. Absolutely disgusted.
Off topic what is Turnbull up to doing a deal with the Greens to get control of the Senate. He is more a Green than Labor now leading the Liberals. We will have the Lib/Green Party instead of the Lab/Greens, what price we will be paying for this.
Posted by: Macy | Tuesday, 16 February 2016 at 07:00 PM
Edward,
Several months ago I wrote to the Secretary of the Committee and enquired as to whether a decision had been made by the Committee as the matter was referred to the Committee on 24 February 2014.
I received a reply which advised that a decision had not been made and that any decision/recommendations would be published once the Committee
had reached a decision.
House of Representatives Standing Committee of Privileges and Members' Interests
Chair Russell Broadbent, Deputy Chair Anna Burke, Joel Fitzgibbon, Andrew Giles, Clare O'Neil, Tony Pasin, Graham Perrett, Keith Pitt, Phillip Ruddock, Dan Tehan.
As some of the Committee members have indicated they will not be seeking re-election this year the Committee should be required to make a decision prior to the election.
Would suggest you e-mail the Secretary at [email protected] with ccs to all Committee members.
A previous Committtee during the Gillard Government chaired by Yvette D'Ath found there ''were no grounds for further investigation'' into Mr Thomson. (House of Representatives, Official Hansard No. 12, 2012, Monday, 20 August 2012, pg 9117-9118).
Posted by: Jeff of FNQ | Tuesday, 16 February 2016 at 08:07 PM
Talkbull is converting the Liberal party to small L liberals, to align the meaning of liberal with the rest of the world.
I heard consideration to making us drive on the other side of the road is on the table to help speed the acceptance of his agileness, unless it meets significant public resistance in which case it's off the table, and it was never Mal's idea.
Green is such a lovely colour.
Posted by: underminder | Tuesday, 16 February 2016 at 08:14 PM
That is coming up to 3 and a half yrs since you got the ball rolling, the deeper the system is entrenched the longer it is going to take for justice to be done.. It will be interesting if stuff goes missing from the case if and when it gets to the court stage, sure hope the investigators are keeping all things secure until the time comes they will be needed.
Posted by: Michelle Two | Tuesday, 16 February 2016 at 09:46 PM
Excellent Michael, I admire your tenacity. RG.
Posted by: Rob Greer | Tuesday, 16 February 2016 at 10:28 PM
We pay no matter who is sitting. The question is Macy. When are Australian voters going to get their local members back under the thumb? Edward James from the Dolls House
Posted by: Edward James | Tuesday, 16 February 2016 at 11:15 PM
The decision whether to proceed has been handed to one of the foxes in the hen house.
It might be time for the book to be published and damn the consequences, Michael?
"Gillard's Guilt, the redacted chapter of her biography"
Posted by: Harry Jenkins | Wednesday, 17 February 2016 at 12:23 AM
Thanks Jeff FNQ. I will put something together today and email it off. I don't have any printers set up so everything is done eith on the m phone or I pad. Edward James from the Dolls House.
Posted by: Edward James | Wednesday, 17 February 2016 at 09:52 AM
When the Libs lost the election in Victoria I felt sick. I knew that everything would be brushed under the carpet and hopefully forgotten about.
The police should be prosecuting witnesses left right and center who were involved in less than honest behaviour involving union members funds. Nobody seems to care and all has gone silent.
If the findings of Dyson Heydon AC QC were to be followed up on we should be seeing something happening but, no, nothing is.
Michael you must be so frustrated, I know I am.
Posted by: Anastasia M | Wednesday, 17 February 2016 at 12:00 PM
When the CFMEU was elected to government in Victoria, I had a strong premonition that this would spell the end of any follow-up or prosecutions relating to the AWU scandal.
I still suspect justice will be "delayed indefinitely".
Posted by: kommandant klink | Wednesday, 17 February 2016 at 12:17 PM
Good stuff Michael. I also would like to know how long it is going to take for charges to be made against Wilson and Ralph, as recommended by Heydon. That's another one that will get swept under the carpet.
Posted by: martinR | Wednesday, 17 February 2016 at 01:11 PM
Our sanctimonious, hypocrite leaders reckon Magabe, Kim Jong-un, Putin, Saddam Hussein, Gaddaffi and even Donald Trump are corrupt and that islamic state is our arch enemy, who bloody needs enemies with friends like this??
Posted by: ۰۪۫K۪۫۰۰۪۫A۪۫۰۰۪۫P۪۫۰۰۪۫U۪۫۰۰۪۫T۪۫۰ | Wednesday, 17 February 2016 at 01:21 PM
I have sent off an e-mail asking about progress.
Posted by: Helen from Sydney | Wednesday, 17 February 2016 at 03:53 PM
I sent this this morning Helen. Im just angry because the people we have given our votes to in trust. Demonstrate their unworthyness everytime they stick their heads up! I've just removed my street address, the rest such that it is is all.Ive got to throw at them.
The Secretary.
House of Representatives Standing Committee of Priviledges and Members Interest.
Please forward to Committee members.
Thursday 18 February 2016
I write with some concen as another Federal Election draws near. About the terrible offence offered and never properly addressed. To Australians by Mr Craig Thomson when he addressed us in defence of his actions as a Union representative and Labor Party Member, from the floor of our Federal Parliament.
In the years since his theft and lies about misusing Union Credit Cards were exposed on 2UE by Michael Smith. He has made certain admissions (now a matter of public record being viewed by millions) and been. If possible more importantly found guilty of several criminal offences. All involving breaches of the particular trust put in Mr Craig Thomson by Health Services Union Members. And later the trust of Federal Constituents in the seat of Dobell. Then finially after Labor won the Federal Election. He clearly betrayed the trust of all 226 of his political brothers and sisters in our Federal Parliament.
In my opinion Mr Thomsons greatest betrayal of trust took place when he abused his Privilege to lie to all the members of Parliament and the Australian peoples.
While a previous Committee chaired by Yvette D'Ath during the Gillard Government found their were "no grounds for futher investigation" House of Representatives, official Hansard No. 12, 2012, Monday 20 of August page 9117-9118.
Our courts in another place have provided new and very instructive grounds. Not then available for the D'Ath Committees consideration in 2012. Grounds which are attracting public queries from others like myself. About why our 226 elected representatives have not yet stepped up in this forty fourth Parliament to call publicly for Mr Craig Thomson to be brought before them at the earliest opportunity. To answer the evidence now publicly available. Which points to him having lied to our Federal Parliament while a trusted member.
In my opinion if as it appears 226 members of Parliament are comfortable leaving Mr Thomson in the breeze. They are also comfortable living with an open wound in our due processe. To me and others, inaction now by politicians. Many of whom are seeking re election. Is nothing less than their demonstrated contempt for our due process as it needs to be applied pursuant to Australias Westminister System. That same system which by standing for re election these politicians are claiming to uphold.
Mr Edward James
Residential address removed
Posted by: Edward James | Thursday, 18 February 2016 at 08:37 AM
Since Labor was re-elected in Victoria, the fix has been in.
Is anyone surprised?
Posted by: BillK | Thursday, 18 February 2016 at 08:45 AM
House of Representatives Standing Committee of Privileges and Members' Interests
Chair Russell Broadbent, Deputy Chair Anna Burke, Joel Fitzgibbon, Andrew Giles, Clare O'Neil, Tony Pasin, Graham Perrett, Keith Pitt, Phillip Ruddock, Dan Tehan.
How on earth will that Committee come to any decision for action when half (ie five of the ten) are Labor Party MPS who of course will vote as a bloc against any action?
Posted by: marg of nambour | Thursday, 18 February 2016 at 10:25 PM