Questions beg – why did the Australian Federal Police raid the Seven West Media’s head office? What led the AFP to prematurely determine whether there had been any payment made to Schapelle Corby or her family? But more importantly, why did the AFP consider that such a transaction would constitute a criminal matter? The AFP does not lightly seek warrants nor does it engage in raids with such prematurity. Years labour by in regards to actual serious trespasses with individuals entrusted with high office before the AFP finds the grounds to justify a warrant. Therefore why pursue a search on Seven Media in connection to a non-crime, in connection to a person who is neither corrupt nor a threat to society?
The Attorney-General logically should insist on a full explanation from the AFP and demand the public release of the AFP’s grounds for the warrant. The Australian Federal Police have refused at this time to reveal the grounds with which they secured the court order that allowed them to raid Seven’s head office.
It was an unprecedented action for Australia. Why would what Schapelle Corby does in Indonesia be of any importance to the Australian Federal Police? For far too long both the AFP and the Australian Government have argued that their involvement in any matters regarding Schapelle Corby are limited because of ‘jurisdiction’. What is it about what happened to Schapelle Corby that stirs overreactions, knee-jerk reactions and outrageous responses from our Government and its institutions? In some ways the raid on Seven Media reminds me of what happened to Allan Kessing – the customs officer who was prosecuted for allegedly whistleblowing (passing information) into the media of his own reviews of Sydney Airport security (2002 and 2003). Mr Kessing, who served 15 years with Customs and was the senior investigator commissioned to produce two reports on airport security, found rife corruption among airport services and that corrupt baggage handlers were using passengers as drug mules. He spoke out after the arrest of Schapelle Corby because no-one else was prepared to.
He said his reports had been suppressed. He was prosecuted for whistleblowing – for Australia an unprecedented step.
What is it that has everyone so jumpy about Schapelle Corby? If there was ever a need for a national inquiry into the Australian Government and its institutions in reference to Schapelle Corby now is the time.
Even if Schapelle Corby had signed a six figure deal with Seven Media, couldn’t the AFP have waited? How is the prospect of such an agreement between Ms Corby and Seven Media a criminal offence? Hence why should the AFP care? Was a potential payment that would have been dealt with subsequently under the law as a civil matter an AFP priority?
No agreement existed between Seven Media and Schapelle Corby. Every reasonably minded person knew that, and even if an agreement had been crafted because an interview was being sought, every reasonably minded person realised once the Bali Parole Board and the Indonesian Justice Minister had stepped in with their instruction that no interview was to occur, that any agreement would be voided. The AFP needs to explain itself – in entirety – they should not be above accountability.
The Corby family have endured much from a cannibalistic media but to have an institution such as the Australian Federal Police storm the offices of Seven Media looking for an agreement that possibly could have stirred ‘restlessness’ in Indonesia and land Schapelle Corby back in jail smacks of the unbelievable.
Thirty Australian Federal Police Officers stormed the Seven Media offices.
The AFP’s Commissioner Tony Negus and the Deputy Commissioner , Michael Phelan fronted a Senate committee inquiry to explain the AFP’s actions.
Senator Helen Kroger said that it is not an offence for any news media to seek an interview with a convicted person.
“That is absolutely correct,” responded Commissioner Negus.
Senator Kroger said that neither is it an offence to offer payment for the interview.
“That is correct,” responded Commissioner Negus.
So then, why did the AFP raid the Seven Media offices?
Furthermore disturbing is that the week prior the raid Seven Media was cooperating with the AFP about requests it had made to them about the potential interview. Why?
Then there is the surprising statement by Deputy Commissioner Phelan to the Senate committee to justify the search warrant was because of “the view that we, like most other Australians, formed on the day Schapelle Corby was released on bail.”
“She left the prison in the company of security guards and went to the luxury villa via limousine, etc., with Channel Seven employees there.”
“It was reasonable for us to assume that an exclusive deal had been done with Channel Seven.”
Is the Deputy Commissioner kidding us? Is that the AFP’s evidence to secure grounds for a search warrant?
The story here should not be about chequebook journalism, it should be about why was it so important for the AFP to involve itself in a non-criminal matter.
Interesting events may unfold from the Seven Media’s decision to sue the AFP – this may unfold more than is expected and lead once and for all to a national inquiry into why the debacle that has been the ten year incarceration of Schapelle Corby, whom many in the Indonesian and Australian Governments know to be innocent.
The Seven Media’s commercial director Bruce McWilliam said that since the AFP “retracted the allegation that our solicitor was suspected of a criminal offence , then please show us the real reasons you relied on.”
“Our request was refused. So we are going to Court.”
More important than to know the grounds and whether the grounds were justified, is to know why the AFP should instruct 30 officers to raid an enterprise in a never-before-seen-spectacle over a non-criminal matter.
Brilliant article Gerry, lets hope 7 take the AFP to court, I think it will open a very, very large can of worms.
A brilliant article indeed and most comprehensive in every respect. So many questions still remain to be answered and not ALL of them directly related to Shapelle Corby and her MOCK trial.
There is much here that should be read, digested and thoughtfully considered by EVERY Australian person. It needs to be realised that what passes for an Indonesian jurisprudential system, is absolutely RIDDLED with Greed Avarice and Corruption. It could well be YOU – or I on trial on False charges — next week.
There but for the grace of God — as they say – and I couldn’t agree more.
If we have MONEY — substantial amounts of it to offer — then there WILL be NO Charges and NO trial. That’s how it works there. No Integrity, No Honesty just naked and absolute, undisguised and unashamed GREED and Corruption.
The corrupt payment is shared around the Judiciary, Top public servants and the Police and Customs people, in UN equal but mutually agreed levels of disposition.
Many Australian people who are quite prepared to accept that, would nevertheless be VERY surprised at the level of endemic greed and corruption in our very OWN Parliamentary and Justice systems here in Australia.
As hopeful and as optimistic as John McNally may be – and I DO share his interest and enthusiasm for a full exposition of this whole rotten mess, I am however, less than optimistic that My Old employers, Channel 7 will most regrettably do any more than pursue the AFP over the legal grounds for the Search Warrant that the AFP so clearly obtained by purely fraudulent means and FALSE pretenses.
Channel 7 and it’s popular magazine ” New Idea”, along with all the others in both print and TV media have had over 9 years to pursue the long known rotten Political dealings related to Nepotism, Cronyism and Favouritism, related to the SACL, Sydney Airports Corporation Ltd scandal and the total Management SNAFU and utter Mess that it was in at the time of Corby’s passage through it.
They, along with the rest of the Media – and the public, do have full access to ALL preserved — and UNCHALLENGED — documentation related to those matters, posted for their convenience — and OURS – online.
Regrettably — they have shown NO enthusiasm whatsoever – to even examine it and comment. Unfortunately, it is most unlikely that they will do so NOW.
It is more than likely, that whenever the case comes up for trial, the terms of reference will be severely limited to the absolute matter stated upon the Writ.
Rest assured that the AFP will have made very strict legal arrangements to see that NO exploration outside the basic tenet of inquiry will be entertained, under ANY circumstances whatsoever.
I lived and worked in Indonesia, as a Broadcast and Communications Design Engineer for many years. Now in retirement, I am a mature age Law student.
Thanks Gerry…and Peter,,,,,so good to read articles that make sense and are not twisted and fabricated,,,,and leave me wondering,,,,,,,,,,good stuff,,,thanks again.. Neil..
Pretty sure “proceeds of crime” (reworded by Editors) explains why AFP got involved. (It) just took me a quick google to find the above, why couldn’t you? And how exactly can you write an article on the AFP raid without even mentioning proceeds of crime as a possible reason even once? I mean the above article gives the impression that the AFP raid was for the purpose of discovering something that would cause restlessness in Indonesia.
The Corbys already have form for evading Australian proceeds of crime law, as Mr Phelan said of the previous occaision “Over a quarter of a million of dollars went offshore and was lost to the jurisdiction”. Surely the Corbys should not be above accountability, why are you letting them off the hook for potentially taking steps to evade Australian law.
Good on the AFP for taking swift and appropriate action to prevent a further breach. We should all support the Australian and Indonesian authorities taking all possible steps to ensure that convicted drug smuggler Schapelle Corby doesn’t profit from her criminal acts.
“For far too long both the AFP and the Australian Government have argued that their involvement in any matters regarding Schapelle Corby are limited because of ‘jurisdiction’. ”
schapelle’s “crime” was not committed in australia according to the govt which is why they wouldnt help her. if the crime was not commited in australia then why would australian laws regarding proceeds of crime apply?
the AFP lied to a magistrate in order to get their warrant. they lied about one of channel 7’s lawyers in order to get the warrant. the AFP have admitted that they set up an innocent person and lied. who are the real criminals?
Denis Smith, you speak as if with authority that Schapelle DID actually try to import the drugs in her bag…. do you have 100% proof that she put them there herself?
No… neither does the AFP or the Indonesian Government.
I also would like to thank Gerry and Peter for their articles. Such a huge injustice has been done to Schapelle Corby both by the Indonesian “legal” system and Australian governments and the AFP. It horrifies me, as does the general apathy of the Australian public. The only possible explanation for the astounding actions of the AFP is a cover-up of police corruption. At the time Schapelle was under arrest, I was horrified by Mick Keelty’s TV appearances making remarks very detrimental to Schapelle’s case and had suspicions at the time as to his motivation for doing this.
http://www.expendable.tv
i believed in schapelle’s guilt until i watched expendable.tv and saw the massive cover up by the airport, the AFP and john howard who’s best friend was the CEO of qantas at the time
Thank you, Digby, for opening yourself up to the truth. If only many more people would.