“I swear by Almighty God, that the evidence I shall give will be the truth, the whole truth and nothing but the truth”
In a recent blog Vince O’Grady wrote about Fallacious Argument and a Double Dissolution Election. The dishonest use of Language to trick the voting public.
You can read it here
He used three examples of the arguments used by Malcolm Turnbull, George Brandis and Michaelia Cash. The Prime Minister, the Attorney-General and the Minister for Employment.
All three have Degrees in the Law, but it seems not much of their training seems to have stuck.
Lawyers are all about facts and presenting them in courts of law. These facts are called Evidence. In the cases of their recent comments about the CFMEU they said the following. So called Evidence from which they hope to introduce a bill to reinstate the ABCC. If it doesn’t pass the senate, they want to go to a Double Dissolution Election.
Malcolm Turnbull. 7.30 report 21st March 2016.
Well I think many Australians have – many, if not most Australians are very well aware of the level of lawlessness and corruption and waste in the construction industry. The Hayden royal commission set it out very graphically, if we had reason to doubt it. There’s about a hundred officials of the CFMEU and members of the CFMEU in – facing court proceedings at the moment. It is a – there has been a degree of lawlessness in that construction sector that was identified by the Cole royal commission years ago
George Brandis Lateline 21st March 2016
That may be so, Emma, but the fact is that the Heydon royal commission exposed almost 100 instances of criminal conduct by officials and members of the CMFEU.
Michaelia Cash in a doorstop with BGC constructions Perth on 26th March 2016 ABCNews24.
The Link is here.
It is important therefore that in relation to the state of lawlessness within this sector, the bullying that we know of, the intimidation that we know of, the thuggery that we know of, that for this sector to function properly going forward, we need to restore a strong cop on the beat. When you have a sector that is in a constant state of lawlessness – and we know that it is – when you have 100 CFMEU officials currently before the courts on over 1000 charges, that should say to all Australians that clearly the laws in relation to this sector are just not strong enough, and when you look at the fact that the CFMEU has been fined in excess of $7 million for breaches of workplace laws, what that should say to the Australian people is clearly the penalties are not sufficient.
I would just like to remind the reader of Senator Cash’s qualifications, copied from her parliamentary website.
Qualifications and occupation before entering Federal Parliament
• LLB(Hons) (London).
• BA (Curtin University of Technology).
• Graduate Diploma in Legal Practice (University of Western Australia).
• Solicitor (Senior Associate), Freehills 1999-2008.
Before we actually find out whether there are 100 CFMEU members up on over 1000 charges (an average of 10 each). Let’s look at the difference between Criminal proceedings and Civil proceedings.
Here is a good website to look at the detail
Criminal Law is where the offender is punished because the offence is personal and against society and
Civil law is where the person offended against receives recompense because of the negligent actions of the offender.
There is a much greater burden of proof for Criminal offences.
This is an important distinction. In all three Transcripts above, only the Attorney-General says that the CFMEU are Criminal conduct. This is entirely wrong. There were 90 referrals to other Jurisdictions of which 48 were alleged civil breaches and 42 were alleged criminal breaches. Those involving the CFMEU were 10 persons for 13 alleged breaches, 6 were civil and 7 criminal. All alleged. So no hundred there and this man is the chief Law officer in the land.
But the best is where Michaelia Cash got her 100 CFMEU and 1000 charges.
The ABCC was abolished by the Labor government, but a lot of it’s functions as a watchdog were taken over by the Fair Work Building and Construction organisation.
It was instructive to see them give evidence before the Senate after their 2014-15 Annual report was handed to the Government.
Here is the Link to the Video.
Senator Doug Cameron is asking questions of their representative and sitting next to him is the Minister, Michaelia Cash. The discussion starts with relation to an article in the Australian by Elizabeth Coleman. Here is the link to that article.
The article is entitled. 1000 crimes on building sites and goes onto describe the “Lawlessness” on building sites.
Senator Cameron in the Senate committee, asks where the 1000 comes from. The respondent says page 38 of the report. A discussion then follows as to whether these are contraventions or alleged contraventions. The table on page 38 of the report actually details 948 instances of “TYPES OF CONTRAVENTIONS INVESTIGATED”
Finally Senator Cameron gets the representative to agree that there aren’t 1000 and that they are alleged.
Reading the report further is also instructive.
Here is the link to the report.
Page 44 Shows a table of Results for proceedings as at 30 June 2015.
The results are 12 Successful, 1 Unsuccessful and 1 discotinued.
On Page 46 there is another table which shows “The nature of allegations of proceedings commenced by FWBC”
The results are as follows.
20 for right of Entry.
9 for coercion and
7 for Unlawful industrial action.
A total of 36.
So in conclusion
948 matters were investigated 36 proceedings were launched and of those 12 were successful.
What happened to the 100 CFMEU members on 1000 charges?
Three Senior lawyers turned politicians said there were 100. The most senior of the lot in Lawyer terms, the Attorney said they were criminal and Senator Cash said she had spoken to the Australian about the report in Senate committee.
Yet all of the successful prosecutions for Right of Entry, Coercion and Unlawful Industrial action, under the fair Work Act 2009 are NOT Criminal offences. They are CIVIL OFFENCES.
What happened to the Burden of proof and evidence which these people once made a living out of?
I think they are dead wrong, what do you think?
It makes a mockery of the following “I swear by Almighty God, that the evidence I shall give will be the truth, the whole truth and nothing but the truth”