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Timor-Leste spy case: George Brandis likened to notorious FBI chief Timor-Leste spy case: George Brandis likened to FBI chief J Edgar Hoover
(35 minutes later)
The Greens say the attorney-general George Brandis needs to explain his decision to authorise raids by the intelligence services in the past 24 hours, branding his conduct analogous to the controversial Federal Bureau of Investigation chief, J Edgar Hoover. The Greens say the attorney general, George Brandis, needs to explain his decision to authorise raids by the intelligence services in the past 24 hours, branding his conduct analogous to the controversial Federal Bureau of Investigation chief, J Edgar Hoover.
Brandis on Tuesday approved warrants for agents of the Australian Security Intelligence Organisation (Asio) to raid the office of a Canberra lawyer, Bernard Collaery, who is at the centre of an espionage case involving Australia and East Timor in 2004.Brandis on Tuesday approved warrants for agents of the Australian Security Intelligence Organisation (Asio) to raid the office of a Canberra lawyer, Bernard Collaery, who is at the centre of an espionage case involving Australia and East Timor in 2004.
The passport of a key witness and whistleblower in the case, a senior retired officer of the Australian Secret Intelligence Service (Asis), was also confiscated during the raids. The former Asis official was detained and searched.The passport of a key witness and whistleblower in the case, a senior retired officer of the Australian Secret Intelligence Service (Asis), was also confiscated during the raids. The former Asis official was detained and searched.
The attorney general has denied the raids were carried out with the intention of disrupting proceedings in the high-stakes espionage case about to get under way in The Hague.The attorney general has denied the raids were carried out with the intention of disrupting proceedings in the high-stakes espionage case about to get under way in The Hague.
The Greens moved in the Senate on Wednesday to suspend the standing orders in an effort to force the attorney general to make a comprehensive statement explaining why his conduct was not an abuse of executive power.The Greens moved in the Senate on Wednesday to suspend the standing orders in an effort to force the attorney general to make a comprehensive statement explaining why his conduct was not an abuse of executive power.
The Coalition rejected the suspension motion, arguing that national security matters needed to remain above partisanship.The Coalition rejected the suspension motion, arguing that national security matters needed to remain above partisanship.
Labor also rejected the motion, but Senate leader Penny Wong suggested that Brandis should make a statement to bring clarity to events of the past 24 hours, given they had attracted significant public interest.Labor also rejected the motion, but Senate leader Penny Wong suggested that Brandis should make a statement to bring clarity to events of the past 24 hours, given they had attracted significant public interest.
This view was contradicted in the debate by veteran Labor senator John Faulkner, who told the chamber that he wasn’t certain what Brandis could add, at least immediately, to a media statement issued on Tuesday night given his national security responsibilities and the protocols they entail. This view was contradicted in the debate by the veteran Labor senator John Faulkner, who told the chamber that he wasn’t certain what Brandis could add, at least immediately, to a media statement issued on Tuesday night given his national security responsibilities and the protocols they entail.
Brandis could make a statement at any time and the Senate would give him leave. Compulsion was unhelpful, Faulkner reasoned during the suspension debate.Brandis could make a statement at any time and the Senate would give him leave. Compulsion was unhelpful, Faulkner reasoned during the suspension debate.
The South Australian independent senator, Nick Xenophon, backed the suspension motion but said he saw no bad faith on the part of Brandis. He branded the Greens’ comparison of the attorney general to J Edgar Hoover “unhelpful.” The South Australian independent senator Nick Xenophon backed the suspension motion but said he saw no bad faith on the part of Brandis. He branded the Greens’ comparison of the attorney general to J Edgar Hoover “unhelpful”.
Xenophon said rhetorical overstatements did not advance the cause of measured public debate on intelligence over reach – a debate he said was now very much needed.Xenophon said rhetorical overstatements did not advance the cause of measured public debate on intelligence over reach – a debate he said was now very much needed.
The Labor leader, Bill Shorten, told a press conference that he was seeking a private briefing from the government about the Asio raids – but he declined to give “personal opinions” about the case.The Labor leader, Bill Shorten, told a press conference that he was seeking a private briefing from the government about the Asio raids – but he declined to give “personal opinions” about the case.
Asked whether it was appropriate for Australian intelligence agencies to gather evidence in order to benefit commercial negotiations – as is alleged in the Timor case – Shorten dead batted. The intelligence services should “be used to promote the national interest consistent with their legislative remit”, he said.Asked whether it was appropriate for Australian intelligence agencies to gather evidence in order to benefit commercial negotiations – as is alleged in the Timor case – Shorten dead batted. The intelligence services should “be used to promote the national interest consistent with their legislative remit”, he said.
Ahead of the suspension debate, the Greens deputy leader, Adam Bandt, argued that there needed to be a “full explanation from our attorney general” about the Asio raids and the confiscation of the whistleblower’s passport. Before the suspension debate, the Greens deputy leader, Adam Bandt, argued that there needed to be a “full explanation from our attorney general” about the Asio raids and the confiscation of the whistleblower’s passport.
Bandt said if the activity was a disruption tactic, as alleged by the Canberra lawyer Bernard Colleary, who is representing Timor at The Hague: “George Brandis seems to think he's J Edgar Hoover and is able to throw warrants around like confetti.”Bandt said if the activity was a disruption tactic, as alleged by the Canberra lawyer Bernard Colleary, who is representing Timor at The Hague: “George Brandis seems to think he's J Edgar Hoover and is able to throw warrants around like confetti.”
East Timor claims that in 2004 Australia used its international surveillance agency, Asis, to bug the cabinet room during negotiations on a lucrative oil and gas treaty in 2004.East Timor claims that in 2004 Australia used its international surveillance agency, Asis, to bug the cabinet room during negotiations on a lucrative oil and gas treaty in 2004.
The spying case will be launched in The Hague on Thursday. East Timor is seeking to have the energy treaty overturned.The spying case will be launched in The Hague on Thursday. East Timor is seeking to have the energy treaty overturned.
Colleary was in the Netherlands when the search warrants were executed on his Canberra law firm. He is seeking witness protection for the former Asis whistleblower, who is the star witness in the case.Colleary was in the Netherlands when the search warrants were executed on his Canberra law firm. He is seeking witness protection for the former Asis whistleblower, who is the star witness in the case.
Colleary told the ABC’s Lateline program that Australia’s alleged espionage in Timor was analogous to insider trading.Colleary told the ABC’s Lateline program that Australia’s alleged espionage in Timor was analogous to insider trading.
“If this had happened in Bridge street, Collins street, Wall street, people would go to jail,” he declared.“If this had happened in Bridge street, Collins street, Wall street, people would go to jail,” he declared.
The lawyer said the conduct by the Australian government in terms of the raids and the confiscation of the whistleblower’s passport was “crass” and designed to disrupt the proceedings.The lawyer said the conduct by the Australian government in terms of the raids and the confiscation of the whistleblower’s passport was “crass” and designed to disrupt the proceedings.
“What do you think the tribunal is going to think of it?” Colleary said.“What do you think the tribunal is going to think of it?” Colleary said.
On Tuesday night, Brandis issued the following statement confirming he’d issued the warrants and denying the claim of disruption. On Tuesday night, Brandis issued the following statement confirming he’d issued the warrants and denying the claim of disruption: “The warrants were issued by me on the grounds that the documents contained intelligence related to security matters.
“The warrants were issued by me on the grounds that the documents contained intelligence related to security matters.
“I have seen reports this evening containing allegations that the warrants were issued in order to affect or impede the current arbitration between Australia and Timor-Leste at The Hague. Those allegations are wrong.“I have seen reports this evening containing allegations that the warrants were issued in order to affect or impede the current arbitration between Australia and Timor-Leste at The Hague. Those allegations are wrong.
“I have instructed Asio that the material taken into possession is not under any circumstances to be communicated to those conducting those proceedings on behalf of Australia.”“I have instructed Asio that the material taken into possession is not under any circumstances to be communicated to those conducting those proceedings on behalf of Australia.”
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