Brilliant commentary from Hillbilly on Turnbull, Shorten, Dyson Heydon and whitewash Royal Commissions
Like TURC and the AWU-WRA Inc Fraud affair, another complete waste of time and money!
In Para 294 of his Report, Commissioner Heydon provides a lesson on the way powerful political figures can escape any substantive investigation and thus avoid charges. At the same time he dashed the hopes of any potential whistle-blowers in the future.
In Paras 289 - 293 Heydon listed the evidence of Bob Kernohan and the position of Bill Shorten as at 1995. Para 293 recorded Shorten saying he had no recollection of the meeting described by Bob Kernohan. Heydon judged this to be sufficient to prevent pursuit of the matter.
Para 294: "This stops short of absolute denial.If it had been absolute denial it would have been necessary for William Shorten to be cross-examined on the differences between his version and Robert Kernohan's. William Shorten's position is that while he does not remember what he says, and he does not believe he said what is alleged, he does not deny saying it. .... The solicitors for William Shorten ..... submit that it is necessary for the Commission to be 'reasonably satisfied' that the conversation took place before finding that it did, ...... Robert Kernohan, on the other hand, .... has remained very upset by the experience. His whole subsequent career has been adversely affected by a series of incidents, of which the incident narrated is one. He has had every reason to remember the event. He is therefore much likelier to have remembered the event. He has nothing to gain from his testimony.
On the probabilities it is likely that the incident took place as Robert Kernohan narrates it."
H/B: Despite this, Heydon not only allowed Shorten "off the hook" but rubbed salt into Bob's wounds with this message of despair to whistle-blowers!
"It is a sad illustration of the difficulties facing those who want to complain about the status quo in the world of trade union officials, even polite and well-intentioned ones. From then on Robert Kernohan, after going to the police about fraud allegations within the AWU, began to experience being treated with silence, being elbowe dand nudged in corridors,receiving abusive telephone calls, having his office trashed, receiving hate mail and other unpleasant experiences."
H/B: The fact that Shorten also with-held Bob's entitlements for many years was not mentioned.
With regard to the multiple scenarios he puts forward to excuse the grossly unprofessional and arguably criminal conduct of Julia Gillard, it seems clear that Commissioner Heydon has relied heavily on a case he quotes in Para 299, Derry v Peek,
which apparently "established that an intent to defraud is not to be equated with carelessness."
The submission of lawyer Richard Thomas apparently triggered Commissioner Heydon to at least acknowledge and spell out that the primary fraud was the obtaining of a Certificate of Incorporation by "fraudulent misrepresentation" for a sham association that didn't exist, and as such constituted indictable offences under s409(1) and possibly s558 of the Crimes Act (WA).
No one, including Julia Gillard, has denied she gave the initial advice to Bruce Wilson, filled in relevant parts of documents she knew to be false because she also admitted that at all times she was aware no functioning unincorporated association eligible to apply existed, and in addition she herself claimed she authored additional documents Commissioner Heydon claims resulted in obtaining the Certificate of Incorporation.
Yet whistle-blower Ralph Blewitt remains the only one facing charges, but his only part in obtaining the Certificate of Incorporation for the bogus entity was following the advice of a solicitor who claimed as follows under oath to Stoljar in the TURC:
37 Q. As far as you were concerned, you were providing
38 Mr Wilson and Mr Blewitt with all such advice in respect of
39 setting up an association as a reasonably competent legal
40 practitioner exercising due care and skill would regard as
42 A. I was trying to do my best, Mr Stoljar, yes.
44 Q. So you agree with me that that was what you were
45 endeavouring to do when you gave them advice?
46 A. I was obviously trying to give them the benefit of my
47 professional expertise, yes.
.10/09/2014 (9) 781 J E GILLARD (Mr Stoljar)
So Commissioner Heydon's 'finding' about Julia Gillard is apparently his assumption that she was either careless, didn't know or recollect anything of importance and didn't have a clue about anything that was going on, even though she played such a pivotal role in most of the wrongdoings.
It would be great if Turnbull, Brandis, Bishop and fellow bedwetters had a proper look at TURC before wasting many more millions of borrowed money our children and future generations will have to pay back!