by DAVID FLINT – ACTING against corruption should obviously be just and efficient.
This basic consideration should not be abandoned in parliament’s unseemly rush to ram through the National Anti-Corruption Commission bills before their long summer break.
- The ICAC model is grossly inefficient, with long delays in matters being taken up by the DPP.
- If the political class wish to restore credibility, they must personally pay the cost for unjustified abuse of executive power.
- Serious misfeasance in public office a crime.
While the NACC will never be a court, its powers will limit matters surely implied in the Constitution just as freedom of political communication is. These include the presumption of innocence and the right to a fair trial.
Following the NSW ICAC disaster, the NACC will enjoy the power to impose, through public hearings punishment so serious that it has too often ruined the lives of the innocent, a breach of the constitutional separation of powers.
BENIGN
The name ICAC came from Hong Kong. This was in those halcyon days under the rule of law when the colony was a magnet not only for those escaping the brutal communist dictatorship, but also those from elsewhere who chose to live where government was benign and limited.
As Australia’s leading legal commentator, Chris Merritt, reminded me during an interview for the new media platform ADHTV, the HK model was a quality specialist unit efficiently investigating and prosecuting relevant breaches of criminal law. This remains a simple and ideal model.
While the Greiner government imported the name, it foolishly thought it could improve on the model. Its first innocent victim was Greiner, the first of three premiers.
Such is the wisdom of the NSW parliament, that when the High Court subsequently exposed the fundamental “errors” of ICAC in its totally unjustified persecution of the leading barrister Margaret Cunneen, legislation was rushed through to validate the errors. Then another premier fell to the monster.
If this is typical of the quality of judgment of our ruling political class, it should not be surprising that the Albanese government has chosen too much of the NSW model for NACC.
Despite virtuous commissioners and counsel, the ICAC head was to boast to neophyte barristers that, without such tedious limitations as the laws of evidence, examining any witness that got into its clutches was “fun”, akin to “pulling wings off butterflies”.
Meanwhile, to the delight of scandal-mongers in the media, ICAC took on the trappings of a court, and imposed parallel systems of public opproprium and of punishment.
The centrepiece is the “walk of shame” along Castlereagh Street where the innocent are paraded as if they are in tumbrils during the Reign of Terror. A similar process in South Australia led to suicide with parliament sensibly halting a process more suited to the Maoist Cultural Revolution.
While agencies like ICAC have no authority to convict and pass sentence, Margaret Cunneen warns they have developed a means of condemning those who should be presumed innocent, imposing punishment “which in many cases is far worse”, even using this to justify their existence.
Coopting the media into the role of punisher, she warned this had been embraced in some quarters with “a relish that could easily be confused with malice”.
Just as the police never use and cannot use public hearings, neither should the NACC. This is just not part of our Anglo-American legal tradition.
COLONIAL
The Americans had long clung to this in even colonial times. Today corruption investigations do not involve public hearings by ICAC equivalents.
They are heard by constitutionally prescribed grand juries meeting in private. Their only public words are two at the conclusion when they either authorise or refuse a public trial before a judge and a (petit) jury of 12.
They are the endorsement on the bill of indictment either as a “true bill” or “no bill”.
There is another matter which requires reconsideration. One of the weaknesses of ICAC is that its model is grossly inefficient.
Evidence taken is inadmissible in court and there can be long delays in a matter being taken up by the DPP and going to a real court.
With the NACC, it seems inadmissibility will be restricted to evidence which involves self-incrimination.
To overcome any delay the NACC should be restricted to truly serious corruption – that is corruption which if proven would constitute a criminal offence.
The legislators should pay serious attention to a requirement proposed by Chris Merritt. This is that once the NACC concludes that it is likely that a crime has been committed, a brief of evidence should be sent to the DPP without any public comment or finding.
Finally, as to just what the NACC will examine, corrupt conduct is unwisely not to be limited to crime.
As Chris Merritt points out, the pages of the legislation defining what is corrupt conduct recalls what is known as a Henry VIII clause, an unacceptable power to amend or repeal an act of parliament by regulation.
The NACC should not be tied up in the endless and wasteful distraction of trying to decide what is corrupt. That is for Parliament to define as a crime.
ILLEGAL
Acton defined the cause of corruption as power which tends to corrupt, with absolute power corrupting absolutely. This is corruption and it should be illegal.
If the political class wish to restore their credibility, they must concede that the gross and, as demonstrated here, totally unjustified abuse of executive power at all levels during the pandemic costing taxpayers billions and imposing vast suffering must never happen again.
This requires not only a royal commission by a bench of eminent judges, but also urgent, immediate legislation to make serious misfeasance in public office a crime.
This would mean that where such misfeasance occurs, as it did so flagrantly in the live cattle ban case, not only would taxpayers have to pay vast damages for ministers acting deliberately or recklessly beyond power, but the politicians involved should also face a criminal trial for such corruption.PC
I totally agree with Diane ….Talk about living under communism rule. This is what is happening to our beautiful country Australia. This scamdemic has been in the makings for decades. The evil ones have been planning for many many years. Covering all basis. But they forgot about the human spirit. Yet, the likes of Dan Andrew’s and his yes man and woman, continue to push the mandates. Continue to make sure everyone is jabbed up to the wazoo and back again. No choice. Mandated. These mandates are unlawful. And if the libs get in, in the up coming state s/election, they too intend to keep these horror mandates, for the aged, disability and health sector. Disgraceful. I for one will not be putting that poison into my body. The lamestream media has blood on its hands. They are not reporting the facts, re the adverse reactions and the deaths. And these new terms, e.g. sudden adult death syndrome, Please!! this is an insult to our intelligence. Nothing to see here, no link to the jabs, can’t talk about that. What a load of bs. And doctors being gagged. So with the media being controlled, the doctors being silenced, the hospitals having to adopt protocols which are not safe, the judiciary corrupted, basically every pillar in our society has and is corrupted. Tga and atagi are a disgrace.
Dan Andrews is another puppet for the globalist. We know they, like the media, the hospitals, etc have all been paid off handsomely to play ball and go alone with this program. And lets not forget about the geo engineering weather warfare, where they are ensuring all our food bowls are destroyed, resulting in higher prices, less food etc. This is so they can put in their smart cities and their very fast train.
The globalist with their spokesperson Klaus baby, wants us to own nothing, be happy and eat bugs while we’re at it. What a croc of bs. They want to have a one world grubberment, banking system, control us 24/7 via a social credit score. just like China has already. So no freedoms.
So peoples please for those who are not awake, please consider our grubberment/s are not working for us. They are working against us with our money. Malcolm Roberts is trying along with Pauline to stand up for what is true and right and Alex Antic. I probably have left other good ones out. But the majority are all under the rule of the masonic filth.
All the premiers, the health officials, the prime ministers, and all who are complicit with these crimes, need to be held to account before a military tribunal for crimes against humanity. This will happen in time. They will not get a way with what they have done.
The only honest words to come out of Scumo’s mouth was ‘ don’t trust the government’. He said this after leaving the position of prime minister.
Shame he couldn’t stand up to the globalist while he was in office and stop this madness. But he DID NOT. And he calls himself a Christian. Well, I did not see any Christian decisions or actions. Just anther devotee of Кlaus and the global leasers program. We have so many wef devotee’s planted, who have penetrated our country. We are in one holy mess. God help us.
“Of course it’s safe for kids returning from holidays in China to go back to school” He said it.
Every person should be standing up and standing united against the heinous Tyrants who have Infiltrated and hijacked ALL our Freedoms Rights and Choices and All the Tyrants must be stopped and brought down.
McGowan – Western Australia Premier’s Emergency Bill – Totalitarian Regime ! An Outrage !
https://fb.watch/gjECejvyDV/?mibextid=6IxyOt
Fault Lines – An Independent Review into Australia’s Response to Covid 19 Report
https://m.youtube.com/watch?v=eryYqTYhVuI
TGA Therapeutic Goods Administration
Is it true? Were COVID-19 vaccines rushed through approvals or given emergency use authorisations in Australia?
The Therapeutic Goods Administration (TGA) provisionally approved these vaccines after a complete assessment of all the available data (comment > NOT TRUE AS NO DATA WAS AVAILABLE !)
The TGA does not have an “Emergency Use Authorisation” pathway for COVID-19 vaccines.
9 August, 2022
https://www.health.gov.au/initiatives-and-programs/covid-19-vaccines/is-it-true/is-it-true-were-covid-19-vaccines-rushed-through-approvals-or-given-emergency-use-authorisations-in-australia
TGA COVID 19 Vaccine PRODUCT INFORMATION – First Approval 16 February, 2021 – Date of Revision 8 April, 2021 – NO DATA AVAILABLE FOR SAFETY & EFFICACY ! No data available on anything !
https://www.tga.gov.au/sites/default/files/pi-covid-19-vaccine_0.pdf
Also in Vaccines Graphene Hydroxide/Graphene Oxide >
https://www.globalresearch.ca/graphene-hydroxide-in-the-mrna-vaccine-vial-dr-andre-noack/5763548
GLOBAL CLIMATE CRISIS EXPLAINED – Let’s clear the air and get a more accurate picture :-
Richard Lindzen, Atmospheric Physicist, Emeritus Professor of Atmospheric Sciences at MIT. for Prager University.
CO2 is a Greenhouse Gas WITHOUT WHICH LIFE ON EARTH IS NOT POSSIBLE (continue reading on Link).
Transcript of Prager U’s video: What do Climate Scientists say ?
https://climatefeedback.org/working-page-transcript-of-prager-us-video-what-do-climate-scientists-say/
See the work of Rosalind Peterson Former USDA Farm Service Agency Agricultural Crop Loss Adjuster – Geo Engineering
http://www.agriculturedefensecoalition.org/content/geoengineering-current-actions
https://www.geoengineeringwatch.org/
Watch “Press Conference after Pfizer CEO Albert Bourla refused to answer in front of European Parliament > INJECTION/VACCINE DOES NOT STOP TRANSMISSION
https://youtu.be/2jTgDj7uiX8
MEDICAL / POLITICAL TYRANNY
https://www.facebook.com/100002159517925/posts/pfbid02kGF3bsErvbM7zcXZVDBCzX2CQUJRXgnQ4Bg5tnngJwcZhAGgMLn7f8LysRj7cGBql/?sfnsn=mo
Is Klaus Schwab World Economic Forum the most Dangerous Man in the World
https://m.youtube.com/watch?v=6G3nWyoQ5CQ&feature=share
Digital Identity Globalist Agenda Destructive Scam
https://fb.watch/gfApNoTARt/
Smart Cities | China
The New China: The World’s First Example of a Medical Tyrannical Totalitarian State in 2022
In this video we see China’s Zero COVID-1984 policy in what is being reports in many of their major cities that are ‘Smart Cities’, which includes long lines of thousands of people lining up each day to be tested for COVID-1984 before going to work or shopping so that their QR code, which must be carried at all times MUST show green, what happens when it turns red, the massive amounts of quarantine camps that are currently being built, how drones are being used to threaten people to stay locked up, how Chinese children are being raised in this society, and the insane amount of cameras that are being installed everywhere to induce fear and force compliance.
China is being used as the model for the coming beast system.
Join us:
https://t.me/IT_IndependentThinker
https://www.facebook.com/100084200030957/posts/pfbid0Yzx18jKCrECp1Ps7WKSWHJVQLgkrgkrYu3cqBGi8ASgkpkmo96SCb6Wg3BdcgvZ8l/?sfnsn=mo
Professor of Law Mr Augusto Zimmerman warns Government Covid Measures are unlawful, this includes Vaccine Passports.
https://cairnsnews.org/2021/08/11/prof-zimmerman-warns-government-covid-measures-are-unlawful/
https://cairnsnews.org/2022/01/12/professor-zimmerman-slams-the-federal-government-and-states-covid-regime-resigns-from-liberal-party/
The real reason Vaccine Mandates are wrong
https://brownstone.org/articles/the-real-reason-vaccine-mandates-are-wrong/
C-19 INJECTIONS NOW
PROHIBITED – New Ruling by Fair Work Commission
https://www.justonefocus.org/breaking-news-c-19-injections-now-prohibited-new-ruling-by-fair-work-commission/
Law Firm releases Bombshell Legal Opinion on alleged Illegal Control of Doctors Conduct – Senator Malcolm Roberts
https://www.malcolmrobertsqld.com.au/barrister-releases-bombshell-legal-opinion-on-alleged-illegal-control-of-doctors-conduct/
Covid Inquiry 2 – Senator Malcolm Roberts
https://www.malcolmrobertsqld.com.au/the-covid-inquiry-2-0/
More > https://www.malcolmrobertsqld.com.au/category/covid/
Concerned Lawyers Network https://www.concernedlawyersnetwork.net/
“GRAVE breaches” include: Giving medical treatment/interventions/procedures without obtaining freely given informed consent. BE WARNED! Anna de Buisseret U.K. Lawyer https://t.me/robinmg/21881
Thank you Diane for your unrelenting and forensic approach to locating and sharing evidence on history’s two greatest crimes against humanity: the terrorist Pandemic and Climate attacks to save the planet by destroying humanity.
You get my medal for sustainability in the face of the ultimately unsustainable: insane tyranny and genocide!