ASIO trying to gag key witness whistleblower
How much more proof does one need to see that corporate interests drive, and gain from, the spying by Governments? Terrorism is just an excuse to terrorise the world into silence.
East Timor spying scandal: Lawyer claims ASIO trying to gag key witness
A lawyer representing East Timor in its spying case against Australia has accused the Government of attempting to gag the key witness, a former spy turned whistleblower.
East Timor is claiming that Australia's international spy agency used the cover of Australia's aid program to install listening bugs inside the East Timorese cabinet room so that it could spy on sensitive information during oil and gas negotiations in 2004.
The two countries were working on a deal to share revenue from the oil and gas deposits under the Timor Sea, called The Greater Sunrise fields
Woodside Petroleum, which wanted to exploit the field, was working hand in glove with the Australian government and senior ministers to score the best possible deal.
Analysis by reporter Peter Lloyd
I think we've set sail into very uncharted waters here. Never before has Timor taken someone to this arbitration panel [at The Hague]; never before has Australia been called to answer questions about spying in a forum such as this.And this isn't just about a treaty - this is by implication about the maritime boundary between Australia and East Timor.
What's at stake here are issues of sovereignty; it's about billions of dollars in resources; it's about the resource sharing deal that Alexander Downer and the government of the time struck - whether that's valid.
Listen to Peter Lloyd's report on AM
East Timor will launch a case in The Hague on Thursday to have the treaty it signed with Australia - worth an estimated $40 billion - ripped up.
It alleges Australia had the advantage in negotiations because of spying conducted by the Australian Secret Intelligence Service (ASIS) in Dili, which it claims was ordered by then foreign minister Alexander Downer.
Lawyer for East Timor, Bernard Colleary, says the details in these allegations have never been made public until now.
"The director-general of the Australian Secret Intelligence Service and his deputy instructed a team of ASIS technicians to travel to East Timor in an elaborate plan, using Australian aid programs relating to the renovation and construction of the cabinet offices in Dili, East Timor, to insert listening devices into the wall, of walls to be constructed under an Australian aid program," he said.
Star witness has passport cancelled
Yesterday, ASIO officers raided the Canberra office of Mr Collaery, who is currently in the Netherlands preparing for the case, and cancelled the passport for the retired spy who was expected to give evidence at The Hague.
Mr Collaery says the star witness, who ASIO questioned last night, was "not some disaffected spy" but the former director of all technical operations at ASIS.
He says the former ASIS operator decided to blow the whistle after learning Mr Downer had become an adviser to Woodside Petroleum in his years after politics.
In a statement to the ABC, Mr Downer says the allegations are old and he will not comment on matters regarding national security.
The whistleblower's affidavit is understood to refer to the alleged 2004 bugging operation as "immoral and wrong" because it served not the national interest, but the interests of big oil and gas.
Mr Collaery says ASIS's alleged spying amounts to "insider trading".
"If this had happened in Bridge Street, Collins Street, Wall Street, people would go to jail," he said.
Mr Collaery has accused the Government and ASIO of being "crass" by "muzzling the oral evidence of the prime witness".
"What do you think the tribunal [at The Hague] is going to think of it?" he told Lateline.
Attorney-General George Brandis says he approved raids
Last night Attorney-General George Brandis released a statement confirming he approved warrants to conduct the raid on Mr Collaery's office, but denied it was done to affect the arbitration at The Hague.
"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," he said.
"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."
But Mr Collaery rejects that explanation.
"Well so much for George Brandis's respect for Commonwealth whistle-blowing laws ... for the laws of this country. This is an unprecedented step," he said.
Mr Collaery says the documents ASIO officers seized from his office include evidence of Australia inserting listening devices into the wall of the East Timor government's cabinet room ahead of the negotiations for the lucrative Certain Maritime Arrangements in the Timor Sea (CMATS) treaty.
However, he says he also has the evidence with him in The Hague and the raid will do "very little" to hinder East Timor's case.
"The evidence is here. I can't see what the Government hopes to achieve by this aggressive action," he said.
"It can attempt to nullify the whistleblower's evidence, but that evidence has flown - the evidence is here, it's abroad, it's ready."
Labor, Greens say allegations are disturbing
Labor backbencher Kelvin Thomson told ABC's AM that he is concerned by the claims Australia spied on East Timor.
"I'm troubled by it; both by the allegation that Australian agencies were engaged in spying in East Timor in the commercial interests of a large corporation - that's a very serious allegation and I certainly want to hear more about that," he said.
"The recent raids and the suggestion that they might be about making sure that the previous evidence doesn't come out - I think that's very unfortunate."
Greens deputy leader Adam Bandt says it is disturbing that the Attorney-General appeared to use his powers to interfere with a lawyer and a witness.
"Now this is a very disturbing allegation and if it's true it seems that George Brandis seems to think he's J Edgar Hoover and is able to throw warrants around like confetti," he said.
"There needs to be a full explanation from our Attorney-General."
posted by Satish Sharma at
04:39
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