You can refer them to us and get 10% on each order you place with us. ", "ASIS chief Nick Warner slammed over East Timor spy scandal", "Australia fails in attempt to block Timor-Leste maritime boundary case", "Congress Tells Australia to Treat East Timor Fairly Urges Expeditious Talks on Permanent Maritime Boundary", "Open and shut: ASIS' crime, and the Labor-Liberal cover-up", "East Timor spying scandal: Tony Abbott defends ASIO raids on lawyer Bernard Collaery's offices", "Revealed: Heroes of East Timorese spying scandal could have their Australian citizenship stripped", "East Timor takes Australia to UN over sea border", "Australia is guilty of same misconduct as China over our treatment of East Timor", "East Timor to Malcolm Turnbull: Let's start talks on maritime boundary", "Labor offers new maritime boundary deal for East Timor", "East Timor deserves a fair hearing on maritime boundary", "Court to arbitrate East Timor-Australia maritime dispute", "Australian spy who revealed bugging of Timor-Leste cabinet under 'effective house arrest, "Raids approved to protect 'national security': Brandis", "Lawyer representing E Timor alleges ASIO agents raided his practice", "The court case Australians are not allowed to know about: how national security is being used to bully citizens | Richard Ackland", "East Timor bugging scandal: Julie Bishop rejects former spy's bid to have passport returned", "Questions relating to the seizure and detention of certain documents and data", "Cases - Questions relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste v. Australia)", "Case removed from the Court's List at the request of Timor-Leste", "East Timor spying case: PM Xanana Gusmo calls for Australia to explain itself over ASIO raids", "Witness K and the 'outrageous' spy scandal that failed to shame Australia", https://en.wikipedia.org/w/index.php?title=AustraliaEast_Timor_spying_scandal&oldid=1036039547, Wikipedia articles needing clarification from July 2020, All articles with specifically marked weasel-worded phrases, Articles with specifically marked weasel-worded phrases from June 2018, Creative Commons Attribution-ShareAlike License, This page was last edited on 29 July 2021, at 04:16. p.48. Mr Charles said the behaviour of the Howard government during the negotiations and subsequent governments of both parties that have helped protect it was viewed as appalling in national and international legal circles. M: 0423 800 109 Search the world's most comprehensive index of full-text books. The Australian Department of Foreign Affairs and Trade released a statement condemning the move, which it said was contrary to the previous treaties it had lawfully signed and implemented. Australians from all walks of life are ashamed and angry when they learn that the Australian Government spied on the East Timorese Government offices during oil and gas negotiations in 2004, under the guise of implementing an Australian aid program. The first step in the trial of the former Australian spy known only as Witness K and his lawyer Bernard Collaery has taken place in the ACT Magistrates Court.. The ethics of bearing witness in healthcare: A beginning exploration. The court also heard that a member of the public had made an application for leave to appear in the case as amicus . Read theoriginal article. The Jehovah's Witness Society is a fundamen-talist Christian Sect, based in New York, whose followers believetheBible is the true wordof God.1 The most rapidly growing religious organisation in the western world,2 there are approximately 5 500 000 committed, baptised members,3 125 000 of whom reside in the United Kingdom. Report Of The Forrest Divorce Case Containing The Full And Unabridged Testimony Of All The Witnesses,the Affidavits And Depositions, Together With , Cocaine Recovery: Workbook|Arnold M. Washton, Works of Art and Artists in England, Volume 2|Gustav Friedrich Waagen, The Texas Judgment Debtor Handbook|Harvey L. Cox #Drop the Prosecutions Thanks to Alan Moir for the use of his brilliant cartoon. When the war ended, they found looted collections hidden in cellars and caves. Their mission was to document, exploit, preserve, and restitute these works, and even, in the case of Nazi literature, to destroy them. The identity of Witness K has been kept secret under the provisions of the Intelligence Services Act and any person in breach of this could face prosecution. The defence would be unable to put forth evidence that the operation was planned and ordered in the ACT, as well. The prosecution offered proposed orders for the magistrate to sign that would effectively ensure a closed trial. Over 50 members of the US Congress sent a letter to Prime Minister John Howard calling for a "fair" and "equitable" resolution of the border dispute, noting East Timor's poverty. [6] In 2018, the parties signed a new agreement that was far more favourable to East Timor which is now expected to reap between 70% and 80% of total revenue.[34]. The psychiatrist said Witness K was a "delightful" Vietnam War veteran who has post-traumatic stress disorder (PTSD) and "apparently" resigned from the Royal Australian . See Arthur Jacobs, letter to the Editor, Foreign Affairs 56/5 (July 1978), pp. 282-283, and Arthur S. Hulnick and Daniel W. Mattausch, "Ethics and Morality in United States Secret Intelligence," Harvard Journal of Law & Public Policy 12/2 (Spring 1989), pp. More than 100 people attended a rally in solidarity with former spy Witness K and his lawyer Bernard Collaery outside the Treasury Buildings in Melbourne on July 25. [14] Witness K made the Australian Government's spying activities public after the Inspector-General of Intelligence and Security (IGIS) recommended he do so. Found insideWitness K and the ethics of spying Kim McGrath In the first week of January 2019, a private jet landed at Presidente Nicolau Lobato International Airport in Dili, the capital of Timor-Leste. Former Victorian premier Steve Bracks emerged Witness K pleaded guilty on Thursday to conspiring with his then-lawyer Mr Collaery to reveal information about an alleged spying operation in East Timor during sensitive oil and gas treaty negotiations. This article is republished fromThe Conversationunder a Creative Commons license. [12], Witness K revealed the bugging operation in 2012 after learning Foreign Minister Alexander Downer had become an adviser to Woodside Petroleum, which was benefiting from the treaty.[16]. The first Prime Minister of East Timor, Mari Alkatiri, bluntly accused the Howard Government of plundering the oil and gas in the Timor Sea, stating: "Timor-Leste loses $1 million a day due to Australia's unlawful exploitation of resources in the disputed area. This is a print on demand edition of a hard to find publication. But this focus on government hypocrisy has neglected the accountability of the director of public prosecutions, Sarah McNaughton. XXIX No. Bearing witness to suffering: Participating in contrascendence. My library The act of bearing witness is said to help authenticate these experiences and to help people find meaning in their suffering (Cody, 2001b). The former Australian spy dubbed Witness K has been given a three-month suspended sentence for conspiring to reveal classified information about an alleged spying operation during oil and gas . As a matter of international law this constitutes fraud in Mr Charles view. A motion to refer the Witness K spying saga to a parliamentary committee has been pushed back, with Labor instead promising it will launch a full inquiry if elected. The prosecution arises out of the involvement of Witness K and Collaery in legal disputation between the governments of Australia and Timor-Leste concerning their respective entitlements to revenues from oil and gas fields located in the Timor Sea. The passport of Witness K remains confiscated as at April 2020. The two are accused of conspiring to reveal that former Foreign Minister Alexander Downer ordered an espionage operation against the government of East Timor in 2004 in order to gain an . [20] In 2016, the Australian Labor Party said a new deal could be struck between East Timor and Australia if it formed government. Witness K, a former senior ASIS intelligence officer who led the bugging operation, confidentially noted in 2012 the Australian Government had accessed top-secret high-level discussions in Dili and exploited this during negotiations of the Timor Sea Treaty. An employee in the chief engineer office of the Military Engineer Service (MES) in Rajasthan's Jodhpur was arrested for allegedly spying for Pakistan, police said on Thursday. Witness K made it possible for Australians to know that unlawful activity was undertaken on our behalf to improve the governments negotiating position. Timor's lawyers, including Bernard Collaery, intended to call Witness K as a confidential witness in an 'in camera' hearing in March 2014. Please try again later. This book starts from the proposition that the field of intelligence lacks any systematic ethical review, and then develops a framework based on the notion of harm and the establishment of Just Intelligence Principles. "[2], Prime Minister Xanana Gusmo found out about the bugging, and in December 2012 told Australian Prime Minister Julia Gillard that he knew of the operation and wanted the treaty invalidated as a breach of 'good faith' had occurred during the treaty negotiations. | Cody, W. K. (2007). This true legal thriller debunks everything the media and the government told us about the Department of Justice's destruction and prosecution of the venerable accounting firm Arthur Andersen, Merrill Lynch executives who did one business It's not witness K's sense of morality that jeopardises the integrity of Australia's Intelligence Agencies, its politician's lack of morality. NSW Greens MP David Shoebridge told the rally outside Commonwealth Offices that the prosecution of Witness K and Collaery was a "new low for Australia". Their briefings were bugged an action that is alleged to have given Australias negotiators an unfair advantage. Although the directions hearing lasted only 15 minutes and covered preliminary formalities, enough was said to shed light on what is at stake in the case ahead. Cyberspace, where information--and hence serious value--is stored and manipulated, is a tempting target. East Timor believed much of the Greater Sunrise oil field fell under its territory and that it had lost $US5 billion to Australian companies as a result of the treaty it was disputing. The seizing of Witness K's passport prevented him from appearing as a witness in East Timor's case against Australia at the Permanent Court of Arbitration in The Hague. [12] This enabled ASIS to obtain top-secret information from treaty negotiators led by Prime Minister Mari Alkatiri. Collaery said Witness K's ability to travel overseas and appear before The Hague was crucial to East Timor's case. Underpinning this request is a1982 casebetween the Church of Scientology and the Australian Security Intelligence Organisation. [3] The treaty was superseded by the signing of the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS) which restricted further sea claims by East Timor until 2057. [12] After the story became public in 2012, the Gillard Government inflamed tensions with East Timor by denying the alleged facts of the dispute and sending as a representative to Dili someone who was known by Gusmo to have been involved in the bugging. Ethics of Spying: A Reader for the Intelligence Professional, Volume 2 seeks to define an intelligence professional while utilizing various theoretical and practical perspectives. This is one of the great unresolved issues of public policy, and it sits at the heart of broader debates concerning the relationship between the citizen and the state. [7] Attorney-General George Brandis, under lengthy questioning by a panel of Australian senators, admitted that new national security laws could enable prosecution of Witness K and his lawyer, Collaery. These acts appear to have been an effort to prevent Witness K from giving evidence, which most courts would consider to be a serious act of contempt of court punishable by imprisonment, said Mr Charles. Witness K and federal prosecutors are still negotiating a set of agreed facts. Former ACT Attorney-General Bernard Collaery and Witness K face charges under spy laws, raising questions of openness and accountability. Solicitor Bernard Collaery and his client Witness K face jail over the East Timor bugging operation.Credit:Alex Elllinghausen. By Sharon Dolin. Witness K, a former Australian spy, and his lawyer, former ACT Attorney-General Bernard Collaery, are currently being prosecuted for breaches of the Intelligence Services Act 2001 (Cth). [13], Before the revelations of ASIS's clandestine activities in East Timor, the treaty between East Timor and Australia was ridiculed. Found inside Page 304Rahner, K. (1966) 'The hermeneutic of eschatological assertions', in Theological Investigations, vol. Gareth Jones ESPIONAGE The term 'espionage' is from the Middle English for espying, that is, being a spy, or one who engages in [11], In 2002, the Australian Government withdrew from the United Nations Convention on the Law of the Sea (UNCLOS) clauses which could bind Australia to a decision of the Permanent Court of Arbitration in The Hague on matters of territorial disputes. Title: Witness K case: Labor pressured to promise to drop prosecution of spy and lawyer | Australia news | The Guardian Created Date: 9/14/2018 6:12:55 PM The two are accused of conspiring to reveal that former Foreign Minister Alexander Downerordered an espionage operationagainst the government of East Timor in 2004 in order to gain an advantage in oil and gas negotiations with the newly independent state. Drawing the Line. Prometheus Deception Robert Ludlum is the acknowledged master of suspense and international intrigue. [3] In 2004, East Timor began negotiating territorial borders with Australia. THE Commonwealth Director of Public Prosecutions (CDPP), Sarah McNaughton SC, recently filed criminal charges against Canberra lawyer Bernard Collaery and his client, a former officer of the Australian Secret Intelligence Service (). The first step in the trial of the former Australian spy known only as Witness K and his lawyer Bernard Collaery has taken place in the ACT Magistrates Court.. A former senior spy known as "Witness K" has pleaded guilty in the ACT Magistrates Court to conspiring to reveal classified information. Gillard did not agree to invalidate the treaty. Presents a collection of essays covering a variety of topics dealing with intelligence gathering and espionage. Off the Network is a fresh and authoritative examination of how the hidden logic of the Internet, social media, and the digital network is changing users understanding of the worldand why that should worry us. But this focus on government hypocrisy has neglected the accountability of the director of public prosecutions, Sarah McNaughton. On Thursday, using parliamentary privilege, the independent MP Andrew Wilkie revealed the Commonwealth Director of Public Prosecutions had filed criminal charges against Witness K and Mr Collaery. With explosive new research and access to never-before- seen documents, Kim McGrath tells the story of Australias secret agenda in the Timor Sea, exposing the ruthlessness of successive governments. Nurse scholars have tended to focus on the moral . [3] The installation of listening devices occurred 18 months after the 2002 Bali bombings, during a time of heightened ASIS activity in the Southeast Asia region. Witness K did not take details of the controversial spying episode to the media, but instead lodged a protected complaint with the Inspector General of Intelligence and Security who subsequently directed him to lawyer Bernard Collaery for legal advice. This work highlights several key areas where AI-related technologies have clear implications for globally integrated strategic planning and requirements. The bottom line is that the spying on East Timor was indeed illegal and unscrupulous, Mr Wilkie said. An extraordinary court docket case continues within the nation's capital, the place the former spy identified as "Witness K" fronts a sentencing listening to for conspiring to reveal categorised info. The AustraliaEast Timor spying scandal began in 2004 when the Australian Secret Intelligence Service (ASIS) clandestinely planted covert listening devices in a room adjacent to the East Timor (Timor-Leste) Prime Minister's Office at Dili, to obtain information in order to ensure Australia held the upper hand in negotiations with East Timor over the rich oil and gas fields in the Timor Gap. Much of the media commentary on the government prosecution of Witness K and his lawyer Bernard Collaery has focused on government duplicity in suppressing the trial until it had its oil and gas treaty signed with Timor-Leste. If foreign governments were to learn Ks real name, they might be able to identify his agents in their countries and take countermeasures against them. Lawyers for both defendants faced off against the prosecution in a small courtroom presided over by Chief Magistrate Lorraine Walker. The more expansive secrecy desired by the prosecution is another matter altogether. By Kim McGrath. Witness K, a former Australian spy, and his lawyer, former ACT Attorney-General Bernard Collaery, are currently being prosecuted for breaches of the Intelligence Services Act 2001 (Cth). [28][13][29], On 4 March 2014, in response to an East Timorese request for the indication of provisional measures, the International Court of Justice (ICJ) ordered Australia not to interfere with communications between East Timor and its legal advisors in the arbitral proceedings and related matters. Australia's spy agency, ASIS, used the guise of an "aid project" to infiltrate East Timor's Palace of Government, and placed 200 covert listening devices in the Cabinet. This edited volume brings together a range of essays by individuals who are centrally involved in the debate about the role and utility of theory in intelligence studies. The former spy, publicly known as Witness K, and his lawyer, Bernard Collaery, had been charged in 2018 with conspiring to reveal secret information to the East Timorese government. [17] Further, Australia's Solicitor General, Justin Gleeson SC, claimed in a submission to the ICJ that Witness K and Collaery could have breached parts of the Criminal Code pertaining to espionage and could be stripped of their Australia citizenship if they are dual-nationals (as, indeed, Collaery is). He was involved in an internal staffing issue within ASIS. The Gillard Government, in response to a letter sent by East Timor's Prime Minister Xanana Gusmo requesting an explanation and a bilateral resolution to the dispute, authorised the installation of listening devices in Collaery's Canberra office. Brooklyn, New York. The espionage operation occurred before and after the October 2004 round of negotiations, when East Timors Prime Minister Mari Alkatiri and Secretary of State Jose Teixeira briefed their cabinet colleagues about their negotiating position. Two months later, East Timor officially gained its independence from Indonesia. [12] Foreign Minister Alexander Downer, who oversaw ASIS was overseas during the operation. Witness K to plead guilty in Timor-Leste spying case but lawyer to fight charges Read more "This preserves executive freedom while also ensuring a check on executive overreach," Fernandes said. Witness K has pleaded responsible to a single cost stemming from his position revealing Australia's plans to secretly snoop on the federal government of Timor-Leste [32], In 2013, East Timor launched a case at the Permanent Court of Arbitration in The Hague to withdraw from a gas treaty that it had signed with Australia on the grounds that ASIS had bugged the East Timorese cabinet room in Dili in 2004. [7][clarification needed] He said that such anonymity is desired by him and is also a practical solution to possible questions that might arise as to national security.. This is a much more powerful legal argument than a moral argument against spying for economic purposes. The immensely powerful yet eminently readable wisdom in How Big Is Your God? will move us past religion as we know it and toward a relationship with God that can change the way we think, love, and live! Coutinho draws on Eastern King, "The Timor Gap, 1972-2017", March 2017. However, in December 2013 the homes and office of both Witness K and his lawyer Bernard Collaery were raided and searched by ASIO and Australian Federal Police, and many legal documents were confiscated. Separating fact from fiction, the book draws on past examples to explore the use and misuse of intelligence, examine why failures take place and address important ethical issues over its use. [13], In early 2017, East Timor withdrew the case against Australia after the Australian Government agreed to renegotiate. The Centre for Public Integrity Webinar 14 October 2021 "The Australian government's performance in dealing with our poorest neighbour is one of mendacity, duplicity, fraud, criminal behaviour, invasions of legal professional privilege, contempt of court, denial of a fair trial and a failure to act as a model litigant
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