Crime Report

CRIME REPORT Submission

A formal complaint and report with respect to crimes committed relating to the Schapelle Corby case

CONTENTS 1. The Background 2. An Illustrative Complaint & Report 3. Contextual Appreciation 4. The Illustrative Complaint 5. Addendum

[Background]

1. THE BACKGROUND Since September 2011, an international research team has been publishing reports which identify a series of disturbing and corrupt activities, perpetrated in Australia, with respect to the Schapelle Corby case.

The contents of the reports, which are produced under the banner of The Expendable Project, have been brought to the attention of the Australian government, the Australian Federal Police, and the Attorney General. Indeed, most MP’s and Senators have been contacted on an individual basis.

However, the reports have not been acknowledged, and no action has been taken.

Equally, the Australian media have been notified of these on-going developments, but have singularly failed to report any of them. This even applied to the most clear of abuses, self documented by the government’s own emails and cables.

The seriousness of the offences is compounded, not only by the clear impact upon the victim, but by the high office of those responsible, with serious implications for the perceived integrity of the government, and even the nation itself.

Whilst this dimension is further illustrated by the publically stated intent to take these matters to appropriate international agencies, domestic investigation and prosecution, or the lack of it, still remains an important issue.

Unfortunately, those domestic agencies and departments, which might be expected to address this, are shown (by the reports) to be party to the offences themselves.

A fair and objective investigation is, therefore, highly unlikely in these circumstances.

Nonetheless, this submission is made to provide yet another opportunity for the state of Australia to change its position, and confront the actions of those responsible for this extremely disturbing situation.

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[An Illustrative Complaint & Report]

2. AN ILLUSTRATIVE COMPLAINT & REPORT The Expendable Project identifies a significant number of disturbing activities, perpetrated by a number of individuals. Rather than submit a crime report for each of these, or even present generic class reports, this paper represents an individual crime report, selected as an illustrative random sample.

The benefit of this approach is that it enables simplified tracking of the process and response of the government, the Australian Federal Police, and other agencies.

THE SAMPLE CASE Section 2 of the Transit Report (see addendum) documents the actions of both Christopher Martin Ellison (former Minister for Justice and Customs) and Michael Joseph Keelty (former Commissioner of the AFP) with respect to information relating to Schapelle Corby’s boogie-board bag, which contained 4.2kg of marijuana when she arrived in Bali, Indonesia.

Specific information, which was not provided to Schapelle Corby, or to the Indonesian court, constituted vital primary evidence. One example was that the bag in question was the only one not scanned at Sydney airport. Another was that, whilst Schapelle Corby checked-in without an excess baggage charge, her bags were later found to be 5kg overweight on the Qantas system.

Events relevant to this crime report are that, in response to a letter from Schapelle Corby’s lawyer, Ellison, on 8th July 2005, failed to mention the scanning information.

This was despite discussing its importance with Keelty just two days earlier. Equally, when another letter from the same lawyer asked specifically about scanning, on 11th July 2005, Ellison again failed to provide the information in his response on 13th July 2005.

These are selected examples, of a number of serious anomalies, indentified in the Transit Report. However, as this report details a number of other disturbing matters, also relating to the offices of Ellison and Keelty, the whole report should be considered as an extension to this submission.

A number of other reports are also included within the addendum, as they provide additional insight into the wider activities of both Ellison and Keelty with respect to this case. These reports also constitute evidence of a primary nature, and thus constitute part of this submission.

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[An Illustrative Complaint & Report]

POTENTIAL STATUTES A number of legal statutes are relevant to the conduct documented within the reports.

As such, investigation could embrace a number of different offences, and a significant number of charges could potentially be made.

One, for example, is under the Crimes Act of 1914. Sections 43 and 44 of this statute are re-produced as follows: CRIMES ACT 1914 - SECT 43 Attempting to pervert justice (1) A person commits an offence if: (a) the person attempts to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and (b) the judicial power is the judicial power of the Commonwealth.

Penalty: Imprisonment for 10 years.

(2) Absolute liability applies to the paragraph (1)(b) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code .

(3) For the person to be guilty of an offence against subsection (1), the person's conduct must be more than merely preparatory to the commission of the offence. The question whether conduct is more than merely preparatory to the commission of the offence is one of fact.

(4) A person may be found guilty of an offence against subsection (1) even if doing the thing attempted is impossible.

CRIMES ACT 1914 - SECT 44 Compounding offences (1) A person (the first person) commits an offence if: (a) the first person: (i) asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person; or (ii) agrees to receive or to obtain any property, or benefit, of any kind for himself or herself or another person; and (b) the first person does so upon an agreement or understanding that the first person will: (i) compound or conceal an offence; or (ii) abstain from, discontinue or delay a prosecution for an offence; or (iii) withhold evidence of an offence; and (c) the offence referred to in paragraph (b) is an indictable offence against a law of: (i) the Commonwealth; or (ii) a Territory.

Penalty: Imprisonment for 3 years.

(2) Absolute liability applies to the paragraph (1)(c) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code .

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[An Illustrative Complaint & Report]

Section 43 frames perversion of the course of justice as follows: (a) the person attempts to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and (b) the judicial power is the judicial power of the Commonwealth.

Quite clearly, the withholding of primary evidence can be considered to “pervert or to defeat the course of justice in relation to a judicial power”.

With respect to “the judicial power is the judicial power of the Commonwealth”, whilst the immediate trial was located in Indonesia, the movement of marijuana, a criminal offence, was within the borders of Australia, and thus within the jurisdiction of Australia. This includes the known criminality at Sydney airport.

As such, the judicial power with respect to this crime, from which justice was being perverted, was also that of the Commonwealth of Australia.

Section 44 is ‘compounding’ or ‘supplementary’ in nature. The benefits in question could be considered to be:  political (personal, office and party)  protection of reputation (personal and office)  protection of revenue (personal and third party) The political benefits of a perceived to be guilty Schapelle Corby were wide, varied and significant.

For example, Sydney Airport Corporation Limited (SACL) had been controversially privatised only a couple of years earlier. Max Moore-Wilton, the former head of Prime Minister John Howard’s department, had been appointed as its CEO. Had the chronic criminality and insecurity at the airport become apparent, the political fallout would have been serious, and revenue loss for SACL could have been substantial.

Equally, just three years post 9-11, airport security was a high profile matter, not only with the domestic public, but internationally. Had the Australian government been shown to have failed to act with due diligence, international embarrassment, particularly with respect to the United States, would have been acute.

The role and status of the Australian Federal Police was equally problematic. Over a number of years, many reports had documented systemic corruption within Australian policing agencies, particularly in Sydney. Worse still, AFP corruption actually extended to drug syndication, including drug syndication through both Sydney airports. As with airport insecurity, little of substance had been done to address this. It had, in effect, been brushed under the carpet.

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[An Illustrative Complaint & Report]

There is no doubt therefore, that given their respective positions, the stakes for both Ellison and Keelty were huge. Certainly, they extended to other government ministers, and third parties, as did the political objective to stabilize the strategic relationship with Indonesia.

However, with respect to this particular sample complaint, both Ellison and Keelty were operational players and key decision makers. Their individual decisions and actions, as documented within a number of Expendable Reports, demonstrably had grave consequences for Schapelle Corby, whilst simultaneously benefitting their own positions, that of the government, and that of a number of commercial entities.

NOTE: SECTION 42 Section 42 of the Crimes Act pertains to conspiracy to defeat the course of justice “A person commits an offence if: (a) the person conspires with another person to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power�.

The direct correspondence between Ellison and Keelty demonstrates that they were both aware of the significance of the new evidence. It is also clear that they discussed this matter, and related aspects, on a number of occasions. Yet they both withheld it, thus potentially perverting the course of justice, as referenced above.

In these circumstances, Section 42 is clearly relevant to any charges under Section 43 and Section 44.

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[Contextual Appreciation]

3. CONTEXTUAL APPRECIATION Whilst the benefits described above are clear enough, the wider context of the complaint is equally important. For this reason, a number of the Expendable Reports form a constituent part of this complaint (see addendum).

It is clear that the events documented form part of a lengthy pattern, which includes, but is by no means limited to, the withholding of a range of other vital evidence, dissemination of misinformation, and the misleading of Parliament and other parties.

The volume of evidence supporting such assertions is substantial, and the evidence itself is stark.

The materials contained in the addendum should also be supplemented by the information published on The Expendable Project website (www.expendable.tv), including video footage and audio interviews.

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[The Illustrative Complaint]

4. THE ILLUSTRATIVE COMPLAINT It is moved that formal investigation, with due prosecution(s), should be initiated as a matter of urgency.

Initially, this could proceed under the provisions of the Crimes Act, as documented, but thereafter, it could embrace a multitude of other statutes, covering the range of offences documented by the Expendable Reports and on The Expendable Project website.

OTHER PARTIES Equally, it is clear that a significant number of third party individuals have engaged in activity of an extremely serious nature, related to a range of statutes.

It is, therefore, also moved that formal investigation, with due prosecution(s), should thereafter be initiated, with respect to these persons.

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[Addendum]

5. ADDENDUM Attached to, and a constituent part of, this complaint is a CD which contains the following documents: 1. The Transit Report (www.expendable.tv/2011/09/transit-report.html) 2. The Supplementary Report (www.expendable.tv/2011/10/supplementary-report.html) 3. The Mutual Evasion Report (www.expendable.tv/2011/09/mutual-evasion-report.html) 4. The Insider Report (www.expendable.tv/2011/10/insider-report.html) 5. The PowderGate Report (www.expendable.tv/2011/10/powdergate-report.html) 6. The Whitewash Report (www.expendable.tv/2011/09/whitewash-report.html) 7. The Political Seizure Report (www.expendable.tv/2011/10/political-seizure-report.html) 8. The Candidate Sources Report (www.expendable.tv/2012/04/candidate-sourcesreport.html) 9. The FOI Abuse Report (www.expendable.tv/2011/10/foi-abuse-report.html) 10. The Allan Kessing Interview (online only: www.expendable.tv/2011/09/allan-kessinginterview.html)

ADDITIONAL: 1. Impact Information: The Mental Illness Report (www.expendable.tv/2011/11/mentalillness-report.html) 2. Further Exhibits, Including The Paris Hotman Complaint (www.expendable.tv/p/exhibits.html)

These can also be viewed online on the web pages specified.

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End Of Report