More Egregious words used by the liberals. Disgraceful falsification of the facts.

“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
https://vinceogrady.wordpress.com/2016/03/27/fallacious-argument-and-a-double-dissolution-election-the-dishonest-use-of-language-to-trick-the-voting-public/

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.
https://ministers.employment.gov.au/cash/press-conference-perth-wa-abcc

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
http://www.cscja-acjcs.ca/criminal_civil_law-en.asp?l=4
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.
https://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwj6pvb_oujLAhUEFJQKHagtCvgQFggcMAA&url=http%3A%2F%2Fwww.theaustralian.com.au%2Fnational-affairs%2Findustrial-relations%2F1000-crimes-on-building-sites%2Fnews-story%2F997a283a45f27579d07ee4cbe1b16554&usg=AFQjCNGokShKmit9x0caNsBOtlxoEjnW_A
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.
https://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0ahUKEwiqjoOuqujLAhUU5GMKHaHaB2QQFggmMAI&url=https%3A%2F%2Fwww.fwbc.gov.au%2Fabout%2Faccountability-and-reporting%2Ffwbc-annual-report-2014-15&usg=AFQjCNEWlmhYlYG-dJ0PKwMihkRfC5z32g

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”

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16 thoughts on “More Egregious words used by the liberals. Disgraceful falsification of the facts.

  1. Again Brandis and the hysterical Cash caught out . Also look at his pompous “submission” that a prima facie case existed against Craig Thomson only to be shot down by a respected Sydney university law professor Steele who had to point out to the then shadow AG [Brandis] there was no such offence in the NSW Crimes Act at the time of the alleged offences. I am a lawyer and if I had made such a public error I would feel compelled to publically apologise to hopefully retain or regain some professional credibility. This is form our Attorney General! This of course is a breach of duty he owes to his own profession which he should not bring into any disrepute ! He still continues in the same ilk apparently. Punished these 2 and their party !

    I would be considering contempt of parliament proceedings if they each knew or should have known of the testimony in the attached video of the Senate Committee. It seems clear this Senate Committee was before their public misstatements of these Liberal operatives in March 2016. He and She are both “knackered”!

  2. Perhaps the CFMEU could start an action against the 3 of them. Best result would be to force a very public apology out of them. It’s well past time for them to be called out for their blatant lies.

    • Thanks Jane,

      I put the ability to falsify facts in the Public arena down to the concentrated ownership of the Press. They are supposed to hold people to account. But they seem to be pretty poor at it.

      The answer is a federal ICAC with powers the same as the trades practices Act. Where misleading and deceptive conduct is hunted down. If that is an offence to try and sell a product to someone by deceiving them. Then it should be the same to sell an idea (1000 crimes on building sites) too. Rather than be civil offences they should be criminal because they offend the whole of society. Not just individual voters.

  3. Hey Vince-this is an special gem of your`s here because it enables you to use your knowledge just like Doug Cameron,as a splinter underneath the nails of conservatives

  4. Once again PM along with Cash out repeating what they know to be bullshit, or more so, bare faced lies.

  5. It’s not just Turnbull, Brandis and Cash who blatantly lie and grossly exaggerate the number of “crimes” allegedly committed by the CFMEU. Every other member of this desperate Abbott/Turnbull government use exactly the same “facts” and numbers whenever they’re addressing a function or answering questions about union corruption or their beloved ABCC by the media.
    Another point is politicians shouldn’t have to be have law degree to get their facts right. Every elected member of parliament should be least intelligent and honest (ha ha) enough to tell it as it is.
    It looks like Abbott set a precedent for his party to follow his lead with the numerous lies and exaggerations he spilled out before and after the 2013 election.

  6. It’s not just Turnbull, Brandis and Cash who blatantly lie and grossly exaggerate the number of “crimes” allegedly committed by the CFMEU. Every other member of this desperate Abbott/Turnbull government use exactly the same “facts” and numbers whenever answering questions about union corruption or their beloved ABCC at various functions or by the media.
    Another point is a politician shouldn’t have to have law degree to get their facts right. Every elected member of parliament should be least intelligent and honest (ha ha) enough to tell it as it is.
    It looks like Abbott set a precedent for his party to follow his lead with the numerous lies and exaggerations he spilled out before and after winning the 2013 election.

  7. Totally agree Mark.

    I was so angry when I actually saw the video with the attempted, comical, puerile and blatant deception of the Senate Committee by these people identified here being at least Cash and the FWCC head?, with Brandis and Turnbull et al. perpetuating the same lie daily elsewhere My immediate reaction was to fly to the ethical analysis of the lawyers’ misbehaviour, perhaps as you point out missing their public accountability also as MPs and as a public servant in the case of the FWBCC CEO. In QLD, of all places, ironically the Criminal Code has an offence of lying to parliament which is no offence before the Federal parliament. The Qld. situation demands a serious analysis on another occasion. It presumably still constitutes a parliamentary contempt by misleading it and should be punished accordingly.

    Re Coalition dishonesty it is more evidence of an ongoing method of the Liberal party members to push agenda based on agreed deceit. Consider Brough’s parliamentary attempt to stonewall the bleeding obvious – thanks again Vince for your reports there. I also think of the inscrutable and decent Professor Trigg and Brandis’ and Abbott’s attempt to squeeze her out of the HRC when she was merely doing her job as required by law. It is delightful only one of the 3 mentioned lost his then job! This is the same group which appointed Timmy Wilson of the IPA-fame and now Liberal candidate for Goldstein to the HRC and what did he ever do for that organisation? To impugn the report of an unquestionably respected lawyer who was merely doing what she had to do according to her legal status as the HRC Commissioner was beneath contempt. The same law George has a legal duty to administer! When I was in the criminal courts at least those few “verballing” coppers had the ability to disguise their dishonesty!

    PS now that I am tidying up my initial correspondence I must correct my misspelling of Professor Steel’s name in my earlier comment above.

    • Thank you David for your comments.

      I see that Turnbull once again repeated the 100 figure, but this time it was 108. With about a thousand charges before the courts.

      If these people can be so precise I would love to see a list. I would also like the main stream Media to ask for that List. OR perhaps they could go through the Courts lists in the States jurisdictions and actually count the number of cases which are up before the courts.

      Of course, as i pointed out in the facts above, the FWBCC administers the Fair work Act of 2009 as amended. These are Civil offences and are sent to the Federal Court so a quick search of The Federal Court of Australia for CFMEU would do the job, unless they are being prosecuted as individuals.

      Any criminal proceedings would first probably go to the Magistrates court and serious offences would need to be committed to a higher court.

      I doubt that many people have any idea of the court processes and the different types of offences and their different standards of proof. It appears that George Brandis has a limited idea of the Law as a case in Point. Calling Civil offences Criminal. A howler if ever there was one. You also point out Brandis limited ability as pointed out by Professor Steel on the drum.

      BUT where are we now.

      BACK to that old chestnut, evidence. As I have said above there is a serious lack of it.

      And after Turnbull’s claim yesterday of 108 CFMEU officials before the court on a thousand charges, John Setka, A senior CFMEU official in Victoria said on Twitter ” We don’t have that many officials”

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