The proposed Trial of the Ashbygate conspirators.

On Tuesday 17 November 2015 we learned that the AFP had executed a search warrant on James Hunter Ashby’s mothers property.

Having followed and written about this for a long time now, I was gratified that the actual warrant stated alleged offences which I had written about recently. In October 2015 I reviewed the evidence of the Federal Court and wrote an 80 page timeline which concentrated mainly on the interactions between Ashby, Doane, Brough and Lewis. Specifically in relation to the access and  taking of confidential diary information. The 80 pages is properly referenced to the actual court documents.

By doing this exercise, I was able to look at a continuous and contiguous narrative which highlighted what actually took place and what may have happened between the parties before the actual events. In other words there must have been other forms of communication between the parties for the actual events to have happened.

What this process also highlighted was that Malcolm Brough and Karen Doane may not have answered their subpoenas correctly, leaving them open to contempt of the federal Court or at the worse perverting the course of justice.

Initially I wrote this as a brief to read out in a court of law. It is incomplete, but I believe that if placed before a magistrate, there is enough existing evidence to convict of all the charges outlined.

 

 

Author: Vince O’Grady (Copyright.) 18 October 2015.
Some time has passed since 20th April 2012, when Harmer’s Lawyers, acting for James Hunter Ashby lodged a claim of Sexual harassment against Peter Neil Slipper, the elected member for the Division of Fisher in the Parliament (House of Representatives) of Australia. Peter Neil Slipper was the Speaker of the House of Representatives and member for the Division of Fisher in the Parliament of Australia.

Initially Ashby lodged (on 20th April 2012) a claim against Peter Slipper in the following terms.
1/ Sexual Harassment of Ashby by Slipper.
2/ The Commonwealth failing to keep Ashby safe because they knew of his alleged behaviour.
3/ Involving Ashby in questionable conduct, that conduct being alleged wrongdoing in relation to Cabcharge dockets.
On 15th May 2012 Ashby lodged an amended claim which dropped the 2nd and 3rd allegations. The sexual harassment allegations were claimed to have occurred between 4th Jan and 20th March 2012.
It should be noted that the allegations were reported in the newspapers the same day and that Slipper was overseas at the time.
Slipper stood down as speaker of the House of Representatives on 22 April whilst the allegations against him were being heard in the Federal court.
He resigned as speaker after revelations of sexually explicit messages came to light in evidence tendered in the original case on 9 October 2012.
The explicit text messages were nothing to do with the court case against Peter Slipper. They cannot have been because they were made
1/ As a private individual
2/ On a date which was outside those claimed by Ashby to have been sexually harassed on and when Ashby was not in the employ of the government.

A long running case in the federal court.

To the casual observer, the court proceedings seemed to take an eternity. From their inception to Justice Rares judgment, took from 20th April 2012 to 12 December 2012.  Ashby then sought leave to appeal against the finding of Rares J, (That the proceeding was an abuse of process) and the upholding of that appeal was published on 27th February 2014. So the proceedings and their machinations were in the news for just under 2 years.
The slow drip of information provided a bonanza, for print media, on line media and the broadcast media. In fact the case was the gift that kept giving. It was also a political gold rush for the Liberal and National party which they feasted on regularly.
After the final act of the saga, the upholding of Ashby’s appeal, he dropped the case against Slipper on 18 June 2014, days before it was to be heard on 23 June 2014. Costs were awarded against Ashby and Harmer’s and their appeal against this was defeated on 9 Feb 2015 before the full bench.
Slipper was also charged with Cab charge offences under Section 135.1 (5) of the Criminal Code 1995 to the value of $1074 alleged to have been committed on 20 Jan 2010, 12 April 2010 and 27 June 2010. He was found Guilty by the magistrate and ordered to do 300 hours community service and repay the $1074 to the Commonwealth.
Slipper appealed and his appeal was upheld and the convictions and penalties were set aside.
So as my wife’s first Mother in law would say. “It’s a whole lot of flapdoodle”
Despite a vindictive press, Liberal Party and arguably the Australian Federal Police (AFP), Peter Slipper came out of the nightmare with his legal reputation intact, but his personal and  professional reputations shredded.
As an Ex police Officer, I am amused but somewhat horrified at the way Peter Slipper was pursued by the Liberal party, The Dept of Finance and the Federal Police, yet others in the parliament are allowed to repay dubious entitlement claims under the Minchin protocol, an administrative, get out of jail free card for caught Politicians.
The Department of finance say they cannot proceed under that protocol if the person is referred directly to police. BUT in the case of another recent speaker, one Bronwyn Bishop and her Helicopter Charter, which was $5000, the federal police referred it right back to the Department of finance.
This is interesting in the light of the fraud provisions espoused on the Attorney-Generals website which clearly state that
“Generally, fraud should be reported to your local police or the Australian Federal Police.”
(My emphasis)
The referral process is detailed on their website. Very extensive information is required. One wonders at the need for a Police force if you are supposed to do their job for them.

However my point is that there are others who may have committed offences in this saga.

They are.
1/ Karen L Doane
2/ James Hunter Ashby
3/ Malcolm Thomas Brough
4/ Steve Lewis.
Lets follow the procedure a court would follow and set out the Charges, have a look at the evidence and then let you the public decide if these people are guilty of the Offences set down here.

The Charges which should be laid

Karen L Doane.
1/ You are charged that at of around 1.43pm on Wednesday 28th March 2012 you did, knowingly and without authorisation, access data held in a computer, to wit the Parliamentary Electronic Diary of Peter Neil Slipper, member for Fisher.
Contrary to Division 478.1 of the Criminal Code Act 1995.
Penalty: 2 years imprisonment.

2/ You are charged that at of around 5.21pm on Monday 9th April 2012 you did, knowingly and without authorisation, access data held in a computer, to wit the Parliamentary Electronic Diary of Peter Neil Slipper, member for Fisher.
Contrary to Division 478.1 of the Criminal Code Act 1995.
Penalty: 2 years imprisonment.

3/You are charged that at or around 1.43pm on Wednesday 28th March 2012 you did, being a Commonwealth officer, publish or communicate, except to some person to whom you were authorized to publish or communicate it, any fact or document which comes to his or her knowledge, or into his or her possession, by virtue of being a Commonwealth officer, and which it is his or her duty not to disclose, Said disclosure being made to James Hunter Ashby.
Contrary to Section 70 (1) of the Crimes Act 1914 as amended to Act No 88 2015.
Penalty: Imprisonment for 2 years.
4/ You are charged that at or around 5.21pm on Monday 9th April 2012 you did, being a Commonwealth officer, publish or communicate, except to some person to whom you were authorized to publish or communicate it, any fact or document which comes to his or her knowledge, or into his or her possession, by virtue of being a Commonwealth officer, and which it is his or her duty not to disclose, Said disclosure being made to James Hunter Ashby.
Contrary to Section 70 (1) of the Crimes Act 1914 as amended to Act No 88 2015.
Penalty: Imprisonment for 2 years.
5/ You are charged with, That on 27th June 2012, you attempted to pervert the course of justice
By failing to produce ‘documents’ which you were required to produce, to wit communications
between yourself and James Hunter Ashby and yourself and Steve Lewis which pertained to the
Diary information of Peter Neil Slipper

Contrary to Section 43 (1) Crimes Act 1914.

James Hunter Ashby,

1/ You are charged with that at or around 5.21pm on Monday 9th April 2012 you did, knowingly and without authorisation, counsel or procures Karen L. Doane to access data held in a computer, to wit the Parliamentary Electronic Diary of Peter Neil Slipper, member for Fisher.
Contrary to Division 478.1 of the Criminal Code Act 1995, and
Section 11.2 of the Criminal Code Act 1995

2a/ You are charged with that at or around 1.43pm on Wednesday 28th March 2012 you did, knowingly and without authorisation, counsel or procures Karen L. Doane to access data held in a computer, to wit the Parliamentary Electronic Diary of Peter Neil Slipper, member for Fisher.
Contrary to Division 478.1 of the Criminal Code Act 1995, and
Section 11.2 of the Criminal Code Act 1995

2b/You are charged with that at or around 11.32 AM on  Monday 9th April 2012,  you did, knowingly and without authorisation, counsel or procure Karen L. Doane to access data held in a computer, to wit the Parliamentary Electronic Diary of Peter Neil Slipper, member for Fisher.
Contrary to Division 478.1 of the Criminal Code Act 1995, and
Section 11.2 of the Criminal Code Act 1995

3a/You are charged that at or around 1.43pm on Wednesday 28th March 2012 you did, counsel or procure Karen L. Doane, being a Commonwealth officer, publish or communicate, except to some person to whom you were authorized to publish or communicate it, any fact or document which comes to his or her knowledge, or into his or her possession, by virtue of being a Commonwealth officer, and which it is his or her duty not to disclose, Said Disclosure being to Malcolm Thomas Brough.
3b/You are charged that at or around 1.43pm on Wednesday 28th March 2012 you did, being a Commonwealth officer, publish or communicate, except to some person to whom you were authorized to publish or communicate it, any fact or document which comes to his or her knowledge, or into his or her possession, by virtue of being a Commonwealth officer, and which it is his or her duty not to disclose, Said Disclosure being to Malcolm Thomas Brough.
Contrary to Section 70 (1) of the Crimes Act 1914 as amended to Act No 88 2015.
Penalty: Imprisonment for 2 years.
4/ You are charged that at or around 5.21pm on Monday 9th April 2012 you did, being a Commonwealth officer, publish or communicate, except to some person to whom you were authorized to publish or communicate it, any fact or document which comes to his or her knowledge, or into his or her possession, by virtue of being a Commonwealth officer, and which it is his or her duty not to disclose, Said disclosure being made to Steve Lewis
Contrary to Section 70 (1) of the Crimes Act 1914 as amended to Act No 88 2015.
Penalty: Imprisonment for 2 years.
Malcolm Thomas Brough

1/ You are charged with that at or around 1.43pm on Wednesday 28th March 2012 you did, knowingly and without authorisation, counsel or procure James Hunter Ashby to access data held in a computer, to wit the Parliamentary Electronic Diary of Peter Neil Slipper, member for Fisher.
Contrary to Division 478.1 of the Criminal Code Act 1995, and
Section 11.2 of the Criminal Code Act 1995

2/ You are charged with that at or around 5.21pm on Monday 9th April 2012 you did, knowingly and without authorisation, counsel or procure James Hunter Ashby to access data held in a computer, to wit the Parliamentary Electronic Diary of Peter Neil Slipper, member for Fisher.
Contrary to Division 478.1 of the Criminal Code Act 1995, and
Section 11.2 of the Criminal Code Act 1995

3/ You are charged with, That on 27th June 2012, you attempted to pervert the course of justice
By failing to produce ‘documents’ which you were required to produce, to wit communications
between yourself and James Hunter Ashby and yourself and Steve Lewis which pertained to the
Diary information of Peter Neil Slipper

Contrary to Section 43 (1) Crimes Act 1914.

Steve Lewis

1/ You are charged with that at or around 3.27pm on Thursday 29th March 2012 you did, knowingly and without authorisation, counsel or procure Malcolm Thomas Brough to access data held in a computer, to wit the Parliamentary Electronic Diary of Peter Neil Slipper, member for Fisher.
Contrary to Division 478.1 of the Criminal Code Act 1995, and
Section 11.2 of the Criminal Code Act 1995

2/ You are charged with that at or around 11.32 AM on  Monday 9th April 2012.  you did, knowingly and without authorisation, counsel or procure James Ashby to access data held in a computer, to wit the Parliamentary Electronic Diary of Peter Neil Slipper, member for Fisher.
Contrary to Division 478.1 of the Criminal Code Act 1995, and
Section 11.2 of the Criminal Code Act 1995

The facts of these matters are as follows.

Karen Doane.

1/ Karen Doane, at the time of all five offences was employed by the Commonwealth and therefore fits the definition of “Commonwealth Officer” under the Act. Peter Neil Slipper was her Line manager. She reported directly to him.

2/ Karen Doane was employed as a Media Adviser to Peter Neil Slipper. The Federal member of Parliament for the Division of Fisher. At the time of the offences, Peter Neil Slipper was the Speaker of the house of representatives.

3/ The duties of a Media Adviser are to Monitor (on a daily basis in an ongoing fashion) “the press” and report back to the Federal member (Peter Neil Slipper) all comments regarding him, his political party, other members of parliament, occurrences to do with other opposition parties and members, and the policy stances of his own party and those of the opposition as represented in all types of Media, to wit, Print, Social, Television and magazine.

In other words to report what the Press has to say about ongoing Political news.

As an adjunct to this function The Media Adviser has the responsibility to show the sitting member in the best Media Light which is possible by a range of skills, such as preparing media briefings, suggesting events and meetings and then presenting these ideas to the sitting member.

A further function of the Media Adviser is to then take direction from the sitting member as to the Media they would like to use to show them in the best light, using strategy and tactics of their choosing and implementing these Strategies and Tactics.

The Media adviser works with the Member and never acts on their own in matters relating to putting out any type of message, without the explicit permission and authorisiation of the member.

4/ The Computer system at use in the Office was a computer system attached to the Parliamentary Computer network and maintained by the Department of Finance. The use of which system was authorised for to each Employee by general password.

5/ Specific programs on the computer such as Peter Neil Slipper’s electronic Diary was further protected by password.

6/ As part of her duties Karen Doane had access to this diary and was issued a password.

7/ Although James Hunter Ashby had been asked to apply for a password to the diary, he was never issued with a password to access the Diary.

James Hunter Ashby

1/ James hunter Ashby, at the time of all five offences was employed by the Commonwealth and therefore fits the definition of “Commonwealth Officer” under the Act. Peter Neil Slipper was his Line manager. He reported directly to Peter Slipper.

2/ James Hunter Ashby was employed as a Political Adviser to Peter Neil Slipper. The Federal member of Parliament for the Division of Fisher. At the time of the offences, Peter Neil Slipper was the Speaker of the House of Representatives.

3/ The duties of a Political Adviser are to Monitor (on a daily basis in an ongoing fashion) “the press” and report back to the Federal member (Peter Neil Slipper) all comments regarding him, his political party, other members of parliament, occurrences to do with other opposition parties and members, and the policy stances of his own party and those of the opposition as represented in all types of Media, to wit, Print, Social, Television and magazine.

In other words to report what the Press has to say about ongoing Political news.

As an adjunct to this function The Political Adviser has the responsibility to show the sitting member in the best Political Light which is possible by a range of skills, such as preparing policy briefings, suggesting events and meetings and then presenting these ideas to the sitting member.

A further function of the Political Adviser is to then take direction from the sitting member as to the Policy messages they would like to use to show them in the best light, using strategy and tactics of their choosing and implementing these Strategies and Tactics. The Political adviser also works closely with the member’s Media Adviser.

The Political adviser works with the Member and never acts on their own in matters relating to putting out any type of message, without the explicit permission and authorisiation of the member.

4/ The Computer system at use in the Office was a computer system attached to the Parliamentary Computer network and maintained by the Department of Finance. The use of which system was authorised for to each Employee by general password.

5/ Specific programs on the computer such as Peter Neil Slipper’s electronic Diary was further protected by password. The owner of the Diary could authorise specific users to access the diary

6/ As part of her duties Karen Doane had access to this diary and was issued a password.

7/ Although James Hunter Ashby had been asked to apply for access to the diary, he was never issued with access the Diary.

Malcolm Thomas Brough

1/ Malcolm Thomas Brough was the federal member for the Division of Longman until 2007 when he lost the seat.

2/ Malcolm Thomas Brough had a short time outside of politics in Melbourne but had returned to The Sunshine Coast and stated his aim to challenge Peter Neil Slipper for Pre-selection as the Liberal national Party (LNP) candidate for Fisher in the 2013 Federal election.

3/ On 3rd September 2011 Brough was elected as the President of the Federal Divisional Council for the Liberal National Branch of Fisher. This is the organisation arm of the LNP which assists the candidate with Fund raising and general volunteer help during Federal Elections.

4/ Around this time (3/) James Hunter Ashby was standing for Secretary of the FDC on another and opposing “Ticket”

Specific Evidence of the charges outlined.

In this draft much of the Evidence is missing but the sequence of events is instructive.

To make an open and shut case against

Doane, Ashby, Brough and Lewis there is enough evidence to charge each of them with the charges outlined.
That Sequence is as follows. The actual detailed timeline is much more comprehensive.

1/ Friday 23rd March James Ashby met with Mal Brough for 3 hours and discussed Sexual harassment and alleged cab charge fraud by Peter Slipper..

2/ Saturday 24th March 2012 was State Election day in Queensland. The LNP won in a landslide.
Peter and Inge Slipper fly overseas.

3/ Sunday 25th March 2012. Nothing germaine to the diary in the federal court evidence.

4/ Monday 26th March  2012. Ashby tells McArdle that he is going ahead with what they discussed some weeks ago. (probably Sexual harassment and Cab Charge alleged fraud  on 2nd February).

5/ Tuesday 27th March 2012. Nothing germaine to the diary in the federal court evidence.

5/ Wednesday 28th March 2012. At 10.01:54 AM Doane says she is feeling awful and wants to chat more today. Probably about the Sexual harassment Charges Ashby wants to bring.  Ashby agrees to meet. In the same message she also says she is going to bring her Laptop into the Electoral Office and grab some of her stuff.

6/ Wednesday 28th March 2012 . At  1.39:38 seconds PM Doane SMS message to Ashby asking What month 2009 Forward?.

7/ Wednesday 28th March 2012. At 1.39:53 Ashby replies January forward.

At this juncture it is obvious to the investigator that there can be no purpose for either Doane or Ashby to look at the Diary dates in 2009. Both of them were employed in Q4 of 2011. They must have been requested by either Brough or Lewis to copy the Diary pages. (probably Brough for Lewis).
So Lewis has counselled or procured Brough to counsel or procure Ashby and then Ashby has counselled or procured Doane to do the unauthorised access to Peter Slipper’s diary.

8/ Wednesday 28th March 2012. At 1.43:38 PM Doane texts “doing it now”

9/ Wednesday 28th March 2012. At 2.10:17 PM he responds “Legend”

10/Thursday 29th March 2012. At 3.27 PM Steve Lewis sent an email to Malcolm  Brough asking for Diary dates

Can these be provided for

Between 11/10/2010 and 13/10/2010 (Canberra)

Between 21/09/2009 and 24/09/2009 (Sydney)

Between 24/07/2009 and 27/07/2009 (Canberra)

11/ Thursday 29th March 2012. At 4.01 PM Lewis sent another email to Brough in the following terms.

Subject. Also can you check the following date.

Dec 11, 12 2009……..

One asks how can Brough check these dates for Lewis? Lewis must know that Brough has a willing participant in accessing Slipper’s diary. By these emails Lewis has committed the offence of Counselling or procuring twice.

12/ Thursday 29th March 2012.  At 9.34 PM Ashby sent three images of Peter Slipper’s diary to Brough via his phone.

The Second 2 lots of dates required by Lewis above in point 10/ correspond with the dates of the diary pages sent from Ashby to Brough from 9:28 PM on 29/03/2012. Brough must have passed those dates onto Ashby by some means, got the details from Ashby and then Brough must have passed them onto Lewis.

Specifically:-
1/ Messages to Ashby from Brough asking for these dates was not returned as part of the Subpoena to Brough that can be found in the federal Court Documents.
2/ Messages to Lewis from Brough with these Diary pages were not returned as part of the Subpoena to Brough that can be found in the federal Court Documents.

Perhaps by this omission Brough is in contempt of the federal court.

13/ Thursday 29th March 2012. At 9.31 PM Brough sends a message to Ashby asking
“Can that be emailed James Its hard to read
Malbrough2@bigpond.com”

14/ Thursday 29th March 2012. At 9.34 PM Ashby emails the Diary pages to Brough’s email address.

There is no onward electronic transmission record of Brough sending the Diary pages to Lewis.
But there is little doubt that he did send them on.
Once again contempt of the Federal court by not disclosing the communication.

15/ Thursday 29th March 2012. At 9.34:56 PM (after sending the diary pages by email to Brough) Ashby sends the following message to Brough

“Will need to get daily print outs tomorrow
with greater detail.”

16/ Friday 30th March 2012. At 10.00 AM Ashby and Doane meet with Brough and Jackie.

17/ Friday 30th March 2012. At 7.51 PM Doane asks Ashby for Jackie’s email address.

18/ Friday 30th March 2012 At 9.28 PM Doane asks for Brough’s email address to send an update resume to him. Ashby responds immediately at 9.29 PM with malbrough1@bigpond.com.

19/ Saturday 31st March 2012.  No email germaine to the diary on this day.

20/ Sunday 1st April 2012. At 8.28 Pm Doane asks Ashby for Mal Brough’s phone number. She means to follow up her resume by email with a text message.

21/ Sunday 1st April 2012. At 10.18 PM Karen Doane sends an email asking for Mal Brough’s mobile phone number.

22/ Sunday 1st April 2012. At 10.27 PM Doane says to Ashby Muchos gracias Me Amigo. Probably thanks for sending through the Phone number.

23/ Sunday 1st April 2012. At 11.08 Pm Karen Doane sent an email to Mal Brough at his wrong email address with her Resume and a CV attached to try and get a job with the Queensland government.

It seems that at the meeting with Jackie and Brough, Doane and Ashby were offered jobs with the LNP as an inducement (perhaps) to help procure the diary extracts

24/ Sunday 1st April 2012. At 11.11 PM Doane sends a message to Ashby via SMS saying that the email address doesn’t work At 11.12 Ashby texts back with the correct email address. Malbrough2@bigpond.com.

25/ Sunday 1st April 2012. At 11.14 PM Doane sends an email  message to Ashby saying that the email address doesn’t work, it has been returned.

26/ Monday 2nd April 2012. At 7.42 AM Doane sends an email to Brough with her resume attached and a thank you to him.

27/ Monday 2nd April 2012. At 9.43 AM Brough emails back “Thanks Karen, I will do my best,

28/ Monday 2nd April 2012. At 10,16 AM he sends the email resume onto Bruce McIver.

29/ Monday 2nd April 2012. At 2.18 PM, McIver responds that the email resume of Doane has been sent on to the relevant Person.

30/ Monday 2nd April 2012. At 9.07 PM Ashby says he has just had a lengthy phone conversation with Steve Lewis and he is flying up to the Sunshine coast on Wednesday 4th April to meet with Ashby and Ashby asks Doane if she would like to come too.

31/ Monday 2nd April 2012. At 9.11 PM Doane says I am calling you now.
Presumably a Phone call then took place between Doane and Ashby.

32/ Tuesday 3rd April 2012. At 6.14 AM Doane emails Mal Brough with thanks for passing on her resume and says Fingers Crossed.

33/ Tuesday 3rd April 2012. At 6.52 AM Doane messages Ashby and says she wants to balance his harassment charge with one of her own. Also says if they don’t hear soon she will look for her own Lawyer.

34/ Tuesday 3rd April 2012. Ashby responds to Doane with that he will ring Mal today and Failing that he will contact someone himself as well.

This presupposes that Ashby does not yet have a lawyer.

35/ Tuesday 3rd April 2012. At 6.56 AM Doane tells Ashby that Mal had put forward her resume and that she should receive a call in a day or two. If not successful she should get in touch with Brough again. And that is a great result.

36/ Tuesday 3rd April 2012. At 6.57 AM Ashby says Excellent.

37/ Tuesday 3rd April 2012.  At 12.32 PM Ashby Texts Doane to keep lunch free tomorrow

This is the day they are going to meet with Steve Lewis.

38/ Tuesday 3rd April 2012. At 8.30 PM Ashby messages Lewis with the location of the cafe where they are to meet.

39/ Wednesday 4th April 2012. At 12 noon Ashby Lewis and Doane meet at Kawana Island premises for lunch meeting.

One wonders what information Ashby and Doane handed to Lewis on this occasion. As can be seen by subsequent conversations they did talk about Slippers affairs and his diary engagements.

40/ Wednesday 4th April 2012. At 3.42 PM Ashby messages Lewis about Dan Adams and where his parents shop is.

Dan Adams used to work for Peter Slipper well before Ashby’s time. How did Ashby and Lewis know about Dan Adams? Was Dan Adams mentioned in a Diary page? Why did Lewis want to know about Dan Adams? Was it because he wanted to see if Adams could help him in his quest to “Get” Peter Slipper.

41/ Wednesday 4th April 2012. At 4.07 Pm Ashby Texts Lewis about a discussion he has had with Richard (? Richard Bruinsma) and a limo that was hired when the pope visited. (July 2008)

42/ Wednesday 4th April 2012.At 4.17 PM Lewis says he’s about to hop onto a plane, will call later and “we will get him!!”

43/ Thursday 5th April 2012. At 11.40 AM Lewis messages Ashby “Hello??”

44/ Thursday 5th April 2012. At 11.41 Ashby texts back Sorry in a meeting can I cal you in 30?

45/ Thursday 5th April 2012. At 11.41 Lewis Texts back “Yep”.

So this presupposes that a phone call then ensued between Ashby and Lewis.

46/Friday 6th April 2012. At 10am Ashby, Doane and Brough met David Russell at his apartment on the sunshine Coast. They discussed Sexual harassment and cab charge Fraud with the barrister.

47/ Friday 6th April 2012. At 4.20 PM Ashby messages Lewis, “What’s your email Steve?”

48/ Friday 6th April 2012. At 4.24 PM Lewis messages Ashby his News Ltd email address

49/ Friday 6th April 2012. At 4.26 PM Ashby messages Lewis
“Just sending u personal email address.
Have daily print out of diary now as well.”

Somewhere along the way, Ashby and Lewis have discussed the Diary and Ashby has obtained, presumably through Doane daily print outs which Lewis had earlier requested of Brough (refer Para 10/)

50/ Saturday 7th April 2012. At 8.35 AM Doane messages Ashby with the following.

“Morning! Can u please send me Steve
Lewis’ number? The one I have won’t go
Thru”

51/ Saturday 7th April 2012. At 8.44 AM Doane messages the following to Ashby

“Thx 😉 just going to double check I have
everything he needs before turning in
media phone. Gorgeous day, hope you
have a wonderful time w your family”

There is obviously communication that is not apparent in the Federal Court documents that has taken place between Brough and Ashby and also Doane and Ashby and maybe Doane and Lewis. If these communications existed as a response to the Subpoenas of Brough and Doane, I am amazed they did not turn up as evidence. I don’t think that they were produced. Which means that they are probably in contempt of the federal court.

52/ Sunday 8th April 2012. At 5.42 PM Doane messages Ashby with the following.

“Hows the weekend been. Happy Easter
btw. Looks like Steve has unmasked a
couple of new things to do with travel. The
nz trip to interview that guy he’s
discovered. He’s also discovered his name
too. Exciting.”

Doane must have been in contact with Lewis to know this information, yet she didn’t disclose this contact in response to her federal Court Subpoena.

How would Lewis have known about the New Zealand trip to interview that guy he’s discovered. This is the man who was interviewed for the Media Advisers job that Doane now holds. Lewis can only have been told about this man by either Diary notes or by Ashby directly.

53/ Monday 9th April 2012. At 11.02 AM Lewis messages Ashby and asks

“Can u chat”

54/ Monday 9th April 2012. At 11.02 AM Ashby messages Lewis back

“In 10 mate b”

55/ Monday 9th April 2012. At 11.02 Ashby messages Lewis

“Be in touch soon”

56/ Monday 9th April 2012. At 11.04 Lewis messages Ashby

“ok”

There may well have been a telephone call in here

57/ Monday 9th April 2012. At 11.32 AM  Lewis messages Ashby

“Mate
The dates I need for Diary (daily extracts)
Dec 31 2009 – Jan 9 2010
Nov 10,11 2010
Ta
Steve”

58/ Monday 9th April 2012. At 11.32 AM Ashby messages Doane

“Hey Karen. Would u be able to photograph
with your iPhone and message the
following dates to me? I’ll then email to
Steve if u like otherwise if u wouldn’t mind
sending them directly to him that would be
great ��
The dates he need from the Diary (daily
extracts) are:
Dec 31 2009 – Jan 9 2010
Nov 10,11 2010
Thanks James”

There is no evidence that the Daily extracts were actually sent to Steve Lewis from either Doane or Ashby. Ashby was not required by Subpoena to produce documents and Lewis claimed Journalistic sources to not produce. So if Doane sent them on and didn’t produce then she is in contempt of her Federal Court Subpoena.

Charges

11.2 Complicity and common purpose
(1) A person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.
(2) For the person to be guilty:
(a) the person’s conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person; and
(b) the offence must have been committed by the other person.
(3) For the person to be guilty, the person must have intended that:
(a) his or her conduct would aid, abet, counsel or procure the commission of any offence (including its fault elements) of the type the other person committed; or
(b) his or her conduct would aid, abet, counsel or procure the commission of an offence and have been reckless about the commission of the offence (including its fault elements) that the other person in fact committed.
(3A) Subsection (3) has effect subject to subsection (6).
(4) A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person:
(a) terminated his or her involvement; and
(b) took all reasonable steps to prevent the commission of the offence.
(5) A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the other person has not been prosecuted or has not been found guilty.
(6) Any special liability provisions that apply to an offence apply also for the purposes of determining whether a person is guilty of that offence because of the operation of subsection (1).
(7) If the trier of fact is satisfied beyond reasonable doubt that a person either:
(a) is guilty of a particular offence otherwise than because of the operation of subsection (1); or
(b) is guilty of that offence because of the operation of subsection (1);
but is not able to determine which, the trier of fact may nonetheless find the person guilty of that offence.
Criminal Code Act 1995

478.1 Unauthorised access to, or modification of, restricted data
(1) A person is guilty of an offence if:
(a) the person causes any unauthorised access to, or modification of, restricted data; and
(b) the person intends to cause the access or modification; and
(c) the person knows that the access or modification is unauthorised.
Penalty: 2 years imprisonment.
(3) In this section:
restricted data means data:
(a) held in a computer; and
(b) to which access is restricted by an access control system associated with a function of the computer.

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22 thoughts on “The proposed Trial of the Ashbygate conspirators.

    • Yes. I agree. I am an ordinary Australian and I followed this via Facebook Twitter WordPress and LinkedIn. Other people who are not online and only have TV and Main Stream Media for news have not got a clue. Journalists some or majority of them failed the general population over this period.

  1. What an incredible amount of work you have put into this despicablle act of political destruction. I have always been convinced both Peter Slipper and Craig Thomson were ser up to destroy the Laboe Government. I feel much compassion for both of them as their, and their families’ lives have been badly damaged. Thank you on behalf of all caring Australians.

  2. Thanks for the feedback. Yes it was a lot of work. Behind this is an 80 page fully referenced document containing all of the detail. All existing evidence on the Federal Court website. So any inference that they can hide anything is nonsense.

  3. Pingback: The proposed Trial of the Ashbygate conspirators. | 2rhoeas3

  4. It seems the evidence of a conspiracy of these actors is tenable.

    There is a basic principle discussed in Tripodi v R ,a Victorian case, where conversations of co-conspirators were held admissible as evidence incriminating their fellow co-conspirators. So in this case statements between Doane and Ashby including those concerning any criminal involvement of Lewis and Brough are admissible in the cases against the latter two.

    Anyway apart from admissions like those of Brough on 60 Minutes it would seem there is more than sufficient evidence of admissions by both Lewis and Brough in their own SMS messages in both procuring the protected information of Slipper and the subsequent acknowledgment of the receipt thereof.

  5. Thank you. This is really interesting work – something I’d have liked to do as I read the court documents, but I know how much time it must have taken and yours is a far better legally informed view.
    It was clear so much more was going on than disclosed and you’ve shown that.
    Just one thing I questioned. Did James Ashby have an appeal upheld? I might be remembering wrongly, but I thought he was granted leave to appeal, but it never actually came to court?

  6. Thank You Jerman my article is a stub of the actual evidence in the 80 page timeline. There are about 2000 pages on the Federal court Website. It’s a very tedious job to wade through them but I thought it necessary. From my previous writings on the Ashbygate thing, I knew that Brough was not telling the whole truth. I exposed this in a 3 part series on Independent Australia (which also took a very long time to research) called Mal Brough’s dry Gully. A phrase coined by him about looking into his involvement being like going up a dry Gully. Far from being dry it’s as wet as and entirely fertile.

    The Judgement for the Leave to appeal for Ashby can be found here http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2014/2014fcafc0015

    You will find that the Judgment allowed the Leave to appeal and the appeal itself.

    Ashby then withdrew his complaint.

  7. Thanks I remember now. It was rather weird. The Rares judgement seemed so logical to me, though never enough made about the txts dating from well before employment and he accepted the job which didn’t suggest stress from the interaction!
    I was always intrigued about K.Doane’s announcement she’d sue P.Slipper too – on what grounds? She seemed to feel he was unreasonable to wonder about her absences and whereabouts, which was justified. There seemed to be a distinct cooling in I.Slipper’s txts to Ashby and I also wondered whether the Slippers were suspicious.

  8. Thanks. Extraordinary. These people need to get jobs in the real world for a while. As a teacher, I not only have to follow strict protocols for leave, as you’d expect, even when sick I have to send in the work for a relief to cover classes. they seemed to get offended when PS wanted them to account for their movements. In JA’s case this was entirely justified.

  9. Following the considerable work [no one else?] and great analysis by Vince and after some limited research I suggest anyone interested should read Casilli v Wehrman in Western Australia Supreme Court[2014] at page 319 for an idea of the likely penalties involved. Obviously any destruction of evidence or other mishandling of it carries serious criminal penalties read Rogerson in the High Court’

  10. Pingback: Perhaps the Ashbygate loose ends are being tidied up by the Federal police? | vinceogrady

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