Court of Appeal overturned the A.C.T. Collaery, 75, is fighting allegations he unlawfully shared classified information about a 2004 Australian spy operation that bugged the office of East Timor's prime . "I regret we have to go this far to achieve an appropriate balance between open justice, national security and the personal interests of those who become caught in that issue," he said. Barrister Bernard Collaery, who was the lawyer for Witness K. Photo: Albert McKnight. js = d.createElement(s); js.id = id; Federal government seeks further secrecy in Bernard Collaery case. He is also accused of conspiring with his former client, the ex-spy known as Witness K, for illegally communicating protected ASIS information to the government in East Timor. His prosecution, for Collaery's alleged role in exposing Australia's espionage against friendly neighbours Timor-Leste, is profoundly unjust. In what has been a challenging time for democracy under the Morrison Government, the result of lawyer Bernard Collaery's appeal brings some joy. The prosecution is seeking to update the secret evidence of three people to correct any inaccuracies which may have arisen in the 20 months since it was given. “But it must be true national security, not a matter of embarrassment or publicity,” Collaery said. Collaery, who thanked his team of renowned lawyers, added that he supported the concept of protecting national security. In this first biography of the thirtieth prime ministers of Australia, multi-award-winning political journalist Annika Smethurst examines the fundamental question about Morrison: is his success a case of being in the right place at the ... # Including over 345 references and hundreds of quotes from historical personalities # Becoming the standard work on the East-West discourse Although Mr Collaery and his team agreed that some sensitive information should not be published, they argued that material on “the truth of six specific issues” should be dealt with in open court. The secret information relates specifically to allegations that Australia bugged East Timor's government building in 2004 to gain advantage in crucial oil and gas negotiations. In response to Wednesday’s decision, he called on Attorney General Michaelia Cash to “provide a detailed explanation as to why this prosecution remains in the public interest”. The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. “While it is welcome news that this prosecution will not take place in complete secrecy, it should not continue at all,” he said. In delivering the outcome the ACT's Chief Justice Helen Murrell said that risk was outweighed by other concerns. Bernard Collaery hails 'victory for justice' as court overturns bid to keep evidence hidden at trial Former Witness Okay attorney Bernard Collaery says a ruling that lifts secrecy over vital portions of his trial is a "victory for justice" and a testomony to the prison career, which has banded in combination to beef up him via his . Found inside – Page 67The budget ran into deficit, with 'the government running down its financial 125 D Dixon, 'Political Trials: From Clive Ponting to Bernard Collaery and Witness K', [2020] UNSW Law Research Paper No. 72; see also Fernandes, ... There was. In A Wunch of Bankers, Dan Ziffer brings out the colour and grit of the royal commission's proceedings, and explores broader issues raised by the testimony. Bernard Collaery is 'being tried in secret for reporting a crime by one of the richest nations in the world against one of the poorest'. Collaery, who on Wednesday had to wait outside the courthouse to get news of the verdict, told reporters that this meant there was "an unfinished aspect of the issue of open justice". Credit: AAP. “But it must be true national security, not a matter of embarrassment or publicity,” Collaery said. The ACT Court of Appeal said the release of the material had been narrowed down to six specific matters. The way in which the Morrison Government has dragged out legal . Lawyer Bernard Collaery has succeeded in a bid to overturn secrecy shrouding parts of his trial for allegedly unlawfully sharing information about an Australian spy operation. In the ACT Supreme Court last year, Judge David Mossop handed down a decision under national security law to prohibit the publication of certain information that may be provided in Mr Collaery’s trial. Click on the title for some of the legal documents relating to the cases. Bernard Collaery wins appeal against order to shroud ACT Supreme Court trial in secrecy | The Canberra Times. Photograph: Bianca de Marchi/AAP Christopher Knaus And comprehensive databases on citizens' digital fingerprints and facial recognition characteristics are being amassed by the Commonwealth. Conspiracy? Paranoia? Read Secret- The Making of Australia's Security State and you decide. Witness K lawyer Bernard Collaery's appeal against key information being kept secret in his trial is upheld as the Court of Appeal cites a "very real risk of damage to public confidence" in the . Picture Kym Smith. "There was a very real risk of damage to public confidence in the administration of justice if the evidence could not be publicly disclosed," Chief Justice Murrell said. Anna Mitchelmore SC argued on behalf of the prosecution within the ACT Supreme Court on Tuesday sections of the National Security Information Act prevented the publication of the whole judgment. Lawyer Bernard Collaery has won the latest round in his bid for an open trial as he fights charges alleging he revealed classified information. Collaery, who on Wednesday had to wait outside the courthouse to get news of the verdict, told reporters that this meant there was "an unfinished aspect of the issue of open justice". In what has been a challenging time for democracy under the Morrison Government, the result of lawyer Bernard Collaery's appeal brings some joy. |
“On the other hand, there was a very real risk of damaging public confidence in the administration of justice if the evidence could not be made public,” Chief Justice Helen Murrell, Judge John Burns and Judge Michael Wigney said in a summary of the verdict. Lawyers for Attorney-General Michaelia Cash have warned of national security issues if the trial of Bernard Collaery continues in public, writes Dechlan Brennan. In particular, this collection addresses what it means for contemporary Australian superior courts of record to not only have constitutional and procedural duties to documents as a matter of law, but also to acknowledge obligations to care ... In this fortnightly wrap-up, Protégé brings law students, graduates and new lawyers the top 10 updates from the legal profession. The Most Dangerous Detective is a sensational expose of crime, sexual intrigue, corruption and Machiavellian politics by former Fleet Street investigative reporter Steve Bishop.With a foreword by former Queensland Premier Mike Ahern, this ... Collaery wins appeal against trial secrecy. “While it is welcome news that this prosecution will not take place in complete secrecy, it should not continue at all,” he said. A spokeswoman for Mrs Cash said the Commonwealth “carefully considered [court’s] Witness K, who pleaded guilty to a single conspiracy, was sentenced to three months probation earlier this year. Time for Reform, Bernard Collaery, Speech to the Radford College Dirrum Festival, 15 August 2020 A judge has questioned whether the prosecution of former Witness K lawyer Bernard Collaery will ever end after a push to change secret evidence. A judge has questioned whether the prosecution of former Witness K lawyer Bernard Collaery will ever end after a push to change secret evidence. The allegations relate to the exposure of an operation in 2004 in which Australian spies bugged a government building in the poor country during negotiations on lucrative oil and gas resources. A spokeswoman for Mrs Cash said the Commonwealth “carefully considered [court’s] dom “. Launched in 1965, 'The Australian year book of international law' (AYBIL) is Australia's longest standing and most prestigious dedicated international law publication.0AYBIL aims to combine scholarly commentary with contributions from ... Stephen Langford spoke with Sister Susan Connelly, convenor of the Timor Sea Justice Forum and a co-convenor of the Alliance Against Political Prosecutions, about the latest developments in the Witness K and Bernard Collaery case. 9 November 2021. A move by the federal attorney-general to further delay the case of Bernard Collaery has been branded as "rather unusual" by the ACT's chief justice.Helen Murrell was expected to hand down her . The Human Rights Law Center also welcomed Wednesday’s decision, calling senior lawyer Kieran Pender “a victory for transparency in Australia”. Photo: Sitthixay Ditthavong. On 26 October 2021 it was reported : "Attorney-General Michaelia Cash said the power she has to discontinue . The allegations relate to the exposure of an operation in 2004 in which Australian spies bugged a government building in the poor country during negotiations on lucrative oil and gas resources. "The court emphasised that the open hearing of criminal trials was important because it deterred political prosecutions, allowed the public to scrutinise the actions of prosecutors, and permitted the public to properly assess the conduct of the accused person.". Lawyer Bernard Collaery walks from the Australian Capital Territory Magistrates Court in Canberra on Tuesday, July 30, 2019, after . A court agreed Wednesday, Oct. 6, 2021, to lift a shroud of . The top 10 news updates for new lawyers. The federal attorney-general is combating to redact a courtroom ruling that denied a secret trial for former Witness Ok lawyer Bernard Collaery. A court agreed Wednesday, Oct. 6, 2021, to lift a shroud of secrecy from the trial of a spy's lawyer Collaery that could potentially confirm that Australia bugged East Timor's government during multibillion-dollar oil and gas negotiations. But Mr Collaery is fighting the charges and wants an open trial. In the mid 1980s, Bernard Collaery was the founder of the Immigration Reform Group. Even though an appeal against whistleblower Bernard Collaery recently found open justice was integral to the court system, the federal . The Court of Appeal therefore overturned Judge Mossop’s ruling. Bernard Collaery trial: Rex Patrick told parliament former PM John Howard is likely to be called to give evidence. Willacy also confronts those accused about their sides of the story. At its heart, Rogue Forces is a story about the true heroes who had the courage to come forward and expose the truth. This is their story. A story that had to be told. In A Bigger Picture, the bestselling political memoir of 2020, Malcolm Turnbull, Australia’s 29th prime minister, tells the remarkable story of his life. Court of Appeal overturned the A.C.T. Shadow Justice Minister Mark Dreyfus said Labor strongly supported the principle of open justice. Theme: Newsup by Themeansar. Collaery, a barrister charged for his alleged . It's the latest in a never-ending, Kafkaesque attempt to prosecute the barrister and former ACT attorney-general for offences stemming from the disclosure of information about Australia's . You might think he'd be a worthier recipient: the lawyer, alongside his former client Witness K, stands accused of revealing a spying operation against Timor-Leste, a charge that could land the two men in jail. Found insideThe proposed legislation criminalises all steps of news reporting, from gathering and researching of information to publication/communication, ... 6856): Witness K and that lawyer, Bernard Collaery, are now both on trial. Here’s how you can continue to access our trusted content: $(window).on('load', function() {
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