Supreme Court Solicitor STRONGLY Defends Julian Assange In Letter to Australian PM Julia Gillard

[Turborama]

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2010-12-04: NSW Supreme Court Solicitor Peter Kemp: Letter to Australian Prime Minister Julia Gillard
Submitted by admin on Sat, 12/04/2010 - 04:09

By Peter Kemp, Solicitor of the Supreme Court of New South Wales, on 2010-12-04

Dear Prime Minister

From the Sydney Morning Herald I note you made a comment of “illegal” on the matter of Mr Assange in relation to the ongoing leaks of US diplomatic cables.

Previously your colleague and Attorney General the Honourable McClelland announced an investigation of possible criminality by Mr Assange.

As a lawyer and citizen I find this most disturbing, particularly so when a brief perusal of the Commonwealth Criminal Code shows that liability arises under the Espionage provisions, for example, only when it is the Commonwealth’s “secrets” that are disclosed and that there must be intent to damage the Commonwealth.

Likewise under Treason law, there must be an intent to assist an enemy. Clearly, and reinforced by publicly available material such as Professor Saul’s excellent article:

http://www.theage.com.au/opinion/society-and-culture/dont-cry-over-wikileaks-20101201-18glc.html

…Julian Assange has almost certainly committed no crime under Australian law in relation to his involvement in Wikileaks.

I join with Professor Saul also in asking you Prime Minister why has there been no public complaint to the US about both Secretaries of State Condaleeza Rice and Hillary Clinton being in major breach of International law ie UN Covenants, by making orders to spy on UN personnel, including the Secretary General, to include theft of their credit card details and communication passwords. Perhaps the Attorney General should investigate this clear prima facie evidence of crime (likely against Australian diplomats as well), rather than he attempts to prosecute the messenger of those crimes.

It is also disturbing that no Australian official has castigated Sweden for the shameful treatment Mr Assange has received ie his human rights abused, in that he has not been charged and served with papers in the English language regarding the evidence against him of alleged sexual offences. This is contrary to Article 6 of the European Covenant on Human Rights to which Sweden is a signatory nation.

Those offences remain unclear and the Swedish prosecutor Ms Ny appears to be making up the law as she wants. It appears now, by Ms Ny's interpretation that when consensual sex occurs but if a condom breaks, the male party is liable to 2 years imprisonment for sexual assault. All this information is publicly available.

An Australian citizen is apparently being singled out for "special treatment" Prime Minister. There are legitimate concerns among citizens here that his treatment by the Swedes is connected to US interests which are against the activities of Wikileaks, and you will note the strident, outrageous (and illegal) calls inciting violence against him in the US in demands for his assassination, by senior influential US politicians.

Granted that in western political circles, Mr Assange is not flavour of the month, but what he is doing in my opinion, and in the opinion of many here and abroad, is vitally necessary to expose American foreign policy failures and potential war crimes and crimes against humanity--not for the purpose of damaging US interests but to make them accountable.

While we have close and a good relationship with the US, there is no doubt that US influence and power is declining. That we appear to be still posturing, (given that declining power and a new paradigm of privately enforced accountability) to the US on the issue of Wikileaks is, Prime Minister, deeply disappointing.

Yours Faithfully
Peter Kemp.

(Readers are encouraged contact the Australian Prime Minister here: http://www.pm.gov.au/PM_Connect/Email_your_PM)

From: http://wlcentral.org/node/480

[Turborama]

1. 2010-12-05: SA Supreme Court Solicitor Darren Bailey: Letter to Australian Prime Minister

2010-12-05: SA Supreme Court Solicitor Darren Bailey: Letter to Australian Prime Minister
Submitted by admin on Sun, 12/05/2010 - 09:18

By Darren Bailey, Barrister and Solicitor of the Supreme Court of South Australia

Submitted on 04 December 2010

Subject: Julian Assange

Dear Prime Minister,

I wish to strongly associate myself with http://wlcentral.org/node/480">the letter addressed to you from NSW Supreme Court solicitor Peter Kemp, dated 4 December 2010, concerning the treatment of Mr Julian Assange.

His rights as an Australian citizen are clearly being infringed and should be vigorously protected "though the heavens may fall". As this nation's Prime Minister, and as a lawyer yourself, you ought to know this fact far better than your official statements would indicate.

Please address this issue as a matter of urgency. Demonstrate that to be an Australian citizen actually counts for something.

Sincerely,

Darren Bailey
Solicitor of the Supreme Court of South Australia

Source: http://wlcentral.org/node/498

[Gravel Democrat]

19. calciare e raccomandare

"I join with Professor Saul also in asking you Prime Minister why has there been no public complaint to the US about both Secretaries of State Condaleeza Rice and Hillary Clinton being in major breach of International law ie UN Covenants, by making orders to spy on UN personnel, including the Secretary General, to include theft of their credit card details and communication passwords. Perhaps the Attorney General should investigate this clear prima facie evidence of crime (likely against Australian diplomats as well), rather than he attempts to prosecute the messenger of those crimes."

Ordering the collection of DNA and credit card numbers

then

Suspicious Rape charges

[druidity33]

2. good stuff, thanks Turbo! K&R, nt.

[Turborama]

5. You're most welcome, druidity33.

Thanks for the thanks. Hopefully these are just the first of many open letters in his defense that are going to come out.

[northernlights]

3. good job!!!!! nt

[Celtic Raven]

4. K&R!

Thanks for posting this.

The reactions of the various governments to Assange are very telling.

[treestar]

6. Matter of Australian law

Which no one on DU has the slightest knowledge in. Wont' stop three thousand posts claiming to know it, though.

This is one person's opinion, what are others?

[Turborama]

7. The OP & Post #1 are letters from two Supreme Court solicitors from different states in Australia

I'm quite sure they know the law there better than you or I.

[treestar]

11. It'll be up to the prosecutors there

Only if you have prearranged opinions that you want confirmed would the OP be enough.

this OP is not enough to make every American DUer an expert on Australian law.

[Turborama]

13. The OP is not intended to make every American DUer an expert on Australian law.

That would be a ridiculous suggestion, wouldn't it.

[Violet_Crumble]

9. Oh, really? I'm making a safe guess I have just a bit more knowledge than you...

So, where did you get yr qualifications and expertise in Australian law? I'd be really interested to know as I need to be aware of our laws when I do my job and instead of asking my fellow Australian colleagues, who even though they hold law degrees, are clueless compared to yrself when it comes to Australian law, I can now ask you on all matters legal ;)

[treestar]

10. I didn't say I had any

But pointed out that half of DU will be sudden experts on a subject they really know nothing about.

If lawyers there are anything like lawyers in the rest of the world, one lawyer's opinion is not enough to draw a conclusion. No doubt the poster cherry picks to find one to his liking.

So suspending judgment on this issue for now.

I'm not going to be deferring to your claims, either. You're an internet poster. You could be a janitor in Holland for all I know - there is no way you can prove you are an Aussie lawyer and even if you are, one does not have to let you dictate one's opinion.

[Violet_Crumble]

12. You appear to be trying to make out you do...

I've seen you in another thread falsely claiming that Assange has broken laws here. He most definately hasn't, and if you insist he has, please feel free to point me to the law he's broken...

Well, if you think there's something flawed in the legal opinions Turbo posted, you really should point out how they're flawed. You haven't attempted to do that, and as someone who knows far more about our law than you do, what's been said makes sense. We do not prosecute Australians for divulging classified information when it's American....

I never said I was a lawyer. What I said was that I need to know Australian law when I do my job. Whether you want to pretend I'm not Australian doesn't worry me at all, but you really should be aware that there's quite a few of us Australians here at DU and it really does get irksome to see some Americans talking about Australian law as though they know anything about it...

[Turborama]

14. "No doubt the poster cherry picks to find one to his liking"? No, I am posting 2 open letters...

...to Australia's Prime Minister. If I can find any more, I'll post them too.

[Dappleganger]

21. Janitor in Holland...

as could you. That criticism runs both ways. Bless your heart.

[axollot]

30. Exactly! We both do and I also studied law when in Uni there! Never planned on moving. *sigh*

Always good to see ya!!

:hug:
Cheers
sandy

[TheMadMonk]

22. Given that no AMERICAN member of the legal fraternity has been able...

...to state a coherent case against Assange, (indeed several have expressed their firm opinion that there is no case for him to answer under AMERICAN LAW) I find it extremely doubtful that there is anything in Australian law with which he can be charged. Strangely enough this seems to be the case pretty much everywhere in the world.

Gillard's behaviour simply demonstrates what we have known for a long long time here. America calls the tune and we dance to it.

And you might wish to note that the membership of DU is not solely American, that there are a good few of us Aussies here and this one at least is willing to trust the word and opinion of two of our more prominent legal eagles on the subject of the legal code under which they practice.

I'm also certain that Assange and the other members of Wikileaks very carefully researched the matter with the help of their own legal counsel and reached a similar conclusion before embarking on their venture.

Gillard has quite bluntly informed we Australians that she will completely ignore the law to hand Australian citizens over to the United States on demand. Even Sweden has the decency to cloud the issue with some farcical sexual misdemeanour charges that would at least get his toes caught in the gears of the system. Our Prime Minister, not even a pretense. What America demands, America gets and the citizenry can go hang.

I doubt Howard would have balked at finding a reason to hand Assange over if asked, but he at least would have found or cobbled up that reason before exposing the national sphincter.

[Turborama]

23. Thank you for your perspective

It's interesting to hear an Aussie's take on it.

[axollot]

29. Hey that's not fair! I've been on DU for some time and studied Aussie law (true) ;) n/t

[Better Believe It]

8. K & R

[pacalo]

15. That entire letter embodies the common sense, fairness, & good judgment

that I desire from my own government officials. The leaks are all about "making them accountable" -- to steer our officials into a law-abiding direction that would make us proud again.

[snappyturtle]

16. The Solicitor's assessment is so reasonable it certainly will be ignored. imho

Good to read this...thanks for posting.

[sabrina 1]

17. Excellent, finally someone with some authority

states clearly the utter ridiculousness of the hunting of Julian Assange, led by the U.S.

And it is about time someone pointed out the irony of searching for a way to accuse HIM of espionage when it is actually the U.S. State Dept. that has violated the Espionage laws. Not a single member of our government has asked for an investigation in those serious violations.

Interesting that he points out that the influence of the U.S. is waning. I hope so.

And I hope the PM hears from people all over the world. I don't think she grasped how angry the world is at the treatment of Mr. Assange. Shame on her for being so willing to betray an Australian citizen at the bidding of the U.S.

[malaise]

18. Excellent

The planet is waking up slowly

[midnight]

20. Peter Kemp has detailed the real illegal acts, and hopefully

Julian Assange will be given the support he is needed....

[DeSwiss]

24. Excellent article!

It's time to expose all the liars. It's time to adhere to the rule of law.

"It's time to tell the world that America rejects torture without exception or equivocation. It's time to stop telling the American people one thing in public while doing something else in the shadows. No more secret authorization of methods like simulated drowning. When I am president America will once again be the country that stands up to these deplorable tactics. When I am president we won't work in secret to avoid honoring our laws and Constitution, we will be straight with the American people and true to our values." http://www.barackobama.com/2007/10/04/obama_torture_and_secrecy_betr.php">Barack Obama.

- Just like Barack Obama said he would, once he became President of the United States of America......

[zeos3]

25. KICK

[DesertDiamond]

26. Thank you, Mr. Bailey!!

[Swagman]

27. thanks for psoting Turborama. As an Aussie I'm embarrassed by

the PM & AG's comments.

I see Assange's British lawyers are now investigating whether Julia Gillard has libeled Assange as she made her 'illegal' statement outside the privilege of Parliament.

I would say that overwhelmingly, Aust. British and US citizens support Assange who is no different than the journalists on the Daily Mail, NY Times and so on/

[axollot]

28. Both solicitor's letter @ link.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x9700342

Cheers
Sandy
Edit - nm both links up thread!