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EYE-BALL Opinion – Roxon joins Gillard as Enemy of the State – The Slipper verdict is Justice denied –

December 13, 2012

Latest ‘EYE-BALL Opinion’ Posts:

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– 5th Dec – ALP Senator John Faulkner – Perhaps a dark horse for the PM job  –

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– 15th nov – Hedley Thomas exploding on Gillard – Gillard has a case to answer … –

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– 14th Nov – The Australian Media – Lapdog’s at best – absolutely lost the plot on integrity, and their charter of responsibility –

– 9th Nov – Open Letter to “The Independents” Re: –
– Julia Gillard, Peter Slipper, and Craig Thompson, three MP’s who bring continued shame to our Parliament –

– 9th Nov – “Courage is an Angle” – the difference between a good day and a great day –

– 8th Nov – RUDD fires a broadside aimed at GILLARD – done under a burka to hide its true intent –

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– To see more EYE-BALL ‘Opinion’ posts:

click here …

– Roxon joins Gillard as Enemy of the State –
– The Slipper verdict 1s Justice denied  –
| Author: EYE-BALL Opinion | 13th Dec 2012 |
The Judge’s verdict on the Peter Slipper v James Ashby court case was delivered yesterday and Australia stands stunned.

Never has a verdict delivered such abject failure in such an important test of employer sexual abuse.   The verdict declared that the allegations were ‘politically motivated’ and therefore not worthy of further court proceedings.

The justification for the verdict and the Judge’s explanations are contained in the story below:

James Ashby used court to further his political career: judge

| Author: Leo Shanahan | Date: Dec 13th, 2012 | Link to On-Line Story. |

THE inclusion of allegations of Cabcharge misuse and a video allegedly showing Peter Slipper in a compromising position with another staffer were at the centre of the stinging Federal Court judgment against James Ashby and his lawyer Michael Harmer.

Steven Rares found yesterday that Mr Ashby’s overwhelming purpose of bringing sexual harassment allegations against the Speaker was to “pursue a political attack” and to reveal information “that was sexually and politically embarrassing” to his boss.

Central to this finding was the inclusion of allegations in the original application of a complaint by Mr Ashby that the 2003 video had not been appropriately investigated and that Mr Slipper handed over incomplete Cabcharge vouchers to a driver earlier this year, an act Mr Ashby claims he was “forced to witness”.

Their inclusion in the application, later removed from the statement of claim, were included to further damage and embarrass Mr Slipper, Justice Rares said.

“The effect of their inclusion and, I find, the purpose that Mr Ashby and Mr Harmer had in including them in the originating application was to further damage Mr Slipper in the public eye and politically, and to attract to him significant adverse publicity in the media,” Justice Rares said.

The judge was particularly critical of the role of Mr Harmer, who once represented Kristy Fraser-Kirk in her sexual harassment case against former David Jones boss Mark McInnes.

“The deployment by Mr Harmer in the originating application of the scandalous and irrelevant 2003 allegations and the assertion that Mr Ashby intended to report the Cabcharge allegations to the police, had no legitimate forensic purpose,” Justice Rares said.

The judge left no doubt that he thought Mr Ashby and fellow staffer Karen Doane were working to undermine Mr Slipper and work in the interests of his political enemies in the Liberal National Party, namely Howard government minister Mal Brough, preselected for Mr Slipper’s federal seat.

“As Mr Ashby and Ms Doane agreed in their texts of 30 March 2012, what they were doing ‘will tip the govt to Mal’s and the LNP’s advantage’,” Justice Rares said.

“Mr Ashby and Ms Doane set out to use the proceedings as part of their means to enhance or promote their prospects of advancement or preferment by the LNP, including by using Mr Brough to assist them in doing so.”

Justice Rares also examined the role of News Limited journalist Steve Lewis and how he came to break the story in March.

Mr Slipper and the commonwealth had claimed that Lewis was complicit in a conspiracy with Mr Brough and Mr Ashby to further the interests of the LNP and damage Mr Slipper.

While he found that Lewis was in fact discussing Mr Slipper in a controversial text message to Mr Ashby which read “we will get him!!” — Lewis claimed he was talking about a driver in relation to the alleged Cabcharge breaches — Justice Rares said he was not guilty of any behaviour outside the scope of normal reporting.

“Mr Lewis appears to have pursued, enthusiastically, the stories potentially available to him based on Mr Ashby’s and Ms Doane’s information. However, I am not satisfied that Mr Lewis shared with them the purpose of advancing the political interests of Mr Brough or the LNP or of aiding Mr Ashby or Ms Doane in their future prospects of advancement or preferment,” the judge said.

To read the full text of the decision – click here.

In reading this summary more information is now revealed – the judge has put ‘political motivation’ ahead of any ‘sexual harassment allegations’ in his decision to dismiss the case.  What does this do for future ‘sexual harassment’ cases?

This verdict dismissal with the ‘political motivation’s’ justification, brings the whole justice system into question – does it now mean that any case before the court that has political motivation can be thrown out?

Now given the face value of this verdict, if we were to now ask the question of Minister Roxon as the Attorney General and the highest Law officer in the land, why did she agree to paid Ashby $50,000 in a settlement deal – what might her explanation be?

Who determines the ‘political motivation’?  Or, is it just another ‘hook’ the justice system can use to deliver political advantageous decisions to a Government of the day to suit an politisied agenda.

The world exists on and functions on political moves – UN, all the global trade negotiations, Corporate maneuvers, worker/employer relationships, husband wife relationships, they all have a form of political dealing attached.  For a Judge to single out this ‘political motivation’ as the single driving influence for his decision, only destroys faith in the judicial system.

This decision weakens our democracy!

At the very least justice has to be seen as having been served. With this verdict nobody sees justice having been served and this is a black day for the Justice system in Australia.

What was this Judge thinking – how much influence did Nicola Roxon assert – Shane Dowling from ‘The Kangaroo Court of Australia’ who follows the Courts closely filed a story overnight on this decision – read that story here.

News this morning points to the Gillard Government using this ‘windfall’ decision to turn defence into attack – they are talking about instigating an enquiry into the Oppositions role in putting Ashby up to the allegations made – all to the benefit of Mal Brough, who will be Slipper’s competition at the next Federal election.

It just makes you want to take a machine gun to the lot of them does it not – how can they not see what their behaviour is doing to the Nation … the quality of Governance and the individuals serving feel no honour to the title MP.  As individuals they have to have a conscience – as members of a Party it seems that the individual is a distant second when it comes to being accountable to the people they represent.

All Australia want to piss on you all –

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Have your say where it counts: – contact your Local Federal Representative via the links below and let them know how you feel about this, or any other topic that you feel strongly about – or you can just post a comment below and let off some steam.

Links to Australian Parliamentary Website – MP’s

The EYE-BALL Opinion …

  1. Barry M
    December 13, 2012 at 8:31 am

    The Gay community should be up in arms over this decision. In one foul swoop a Judge has judged that a Gay person cannot be sexually harassed by his bi-sexual boss. This Judge has judged that a Gay person is not equal in the case of sexual harassment. Good one Rares

  2. Gerry Hatrick
    December 13, 2012 at 9:23 am

    I am not sure the decision is wrong. Barry M is very right in saying there is double standards, if Ashby was a female the feminists would be jamming the airwaves in protest at this decision. It is still unwanted sexual advances. Take the case of David Jones CEO McGuiness. The feminists were up in arms that the Board wanted to pay him a redundancy package (golden handshake/parachute) rather than summary dismissal.

    The fact that Justice Rares did not deliver his judgement much sooner is not right. Why did he need so much time to deliver his decision? It was a tough judgement and was it that he conferred with more learned judges of the Federal Court or he needed time to elucidate his thoughts?

    “As Mr Ashby and Ms Doane agreed in their texts of 30 March 2012, what they were doing ‘will tip the govt to Mal’s and the LNP’s advantage’,” Justice Rares said.

    If this conspiracy judgement holds then if Mal Brough was involved he should be dis-endorsed. It should now be thoroughly investigated, and it shouldn’t take 8 months or 4 years like Craig Thomson. That might well mean Mal Brough is elected and create new scandal. We only want the behaviours and standards of parliamentarians to improve.

    This does not clear or vindicate Slipper. As Windsor has already said Slipper will not be going back to speaker. No one has quashed the evidence that he texted about females in the most disgusting way.

    I still think the justice is not clear! Costs should only be awarded against Ashby where there is no basis for claim. Here it is held that it is a waste and abuse of judicial time. A political stunt.

    The nonsense simply snowballs.

  3. December 13, 2012 at 1:24 pm

    This government does not care about us. They have almost everything under their iron fisted control. I wonder how much time we have left before the storm troopers kick down our doors, confiscate our proprty & start “cleansing” anyone who can’t further their corrupt aqgenda.

  1. December 18, 2012 at 9:06 am
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