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Open Letter to the Australian People and Others

To:

The People of Australia.

The Hon the Governor General.

Government House
Dunrossil Drive
Yarralumla ACT 2600

Tel: (02) 6283 3533
Fax: (02) 6281 3760

The Hon Members and Senators of the Parliament of Australia.

The Hon Leader of the Opposition in the House of Representatives.

Hon. William Shorten MP.

Parliament House
Canberra
ACT 2600

Senator Louise Pratt.

Of the Legal and Constitutional Affairs References Committee.

Parliament House
Canberra
ACT 2600

The Hon Leader of the Opposition in the Senate.

Hon. Penny Wong

Parliament House
Canberra
ACT 2600

The Leader of the Australian Greens Party.

Senator Richard Di Natale

Parliament House
Canberra
ACT 2600

The Hon Independent Members of the Parliament of the Commonwealth of Australia:

Hons: Andrew Wilke; Nick Xenophon; Jacqui Lambie; Derryn Hinch; Pauline Hansen; David Leyonhjelm; Bob Katter; Lucy Gichuhi; Lee Rhiannon;

Parliament House
Canberra
ACT 2600

The Chief Justice of the High Court of Australia.

Justice Kiefel AC

PO Box 6309
Kingston ACT 2604

The Director Commonwealth Department of Public Prosecutions.

Ms Sarah McNaughton SC

4 Marcus Clarke Street
Canberra City ACT2601

Phone: (02) 6206 5666
Fax: (02) 6257 5709
Email: inquiries@cdpp.gov.au

The Commissioner for the Federal Police.

Andrew Colvin

GPO Box 401
Canberra ACT 2601

The Commonwealth Ombudsman.

Colin Neave

Level 5, Childers Square,

14 Childers Street
Canberra City ACT 2601

 

The facts referred to in this correspondence constitute a formal Complaint.

COMPLAINT

AGAINST THE HON MALCOLM TURNBULL PRIME MINISTER OF AUSTRALIA.

For the purposes of this Complaint I refer to the newspaper article in the Sydney Morning Herald dated 6 November 2016 and for which I here provide a link.

http://www.smh.com.au/federal-politics/political-news/department-fixes-error-following-questions-about-malcolm-turnbull-election-eligibility-20161107-gsjsre.html

On or about 2010, Malcolm Turnbull, with his wife Lucy Turnbull, received a benefit from the Commonwealth (‘Cth’) in the form of an agreement and payment to undertake consultancy and research work for the Cth. The funds for the work undertaken were paid to Turnbull and Partners in which Malcolm Turnbull is a major shareholder and co-director. The Cth funds were paid to Turnbull and Partners from the then ALP government of Julia Gillard shortly before the federal election in August 2010. At this time, Malcolm Turnbull was sitting in the Commonwealth House of Representatives as a member of the opposition. Shortly after Turnbull and Partners entered the agreement with the Cth and received the funds, Malcolm Turnbull then re-nominated as a candidate for the federal election of August 2010. Being re-elected at that August 2010 election, Malcolm Turnbull continued to sit in parliament while the corporation he jointly owns and controls with his wife, Turnbull and Partners, was continuing to undertake the work under the agreement with the Cth.

Section 44 of the Commonwealth Constitution Act provides grounds for disqualification of a candidate in being elected to the House of Representatives. It states:

Disqualification

Any person who:

(i)  is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or

(ii)  is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or

(iii)  is an undischarged bankrupt or insolvent; or

(iv)  holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth; or

(v)  has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons;

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

Of particular relevance to Malcolm Turnbull’s circumstances is sub-section ‘(v)’. As a member of a small company, with only two members and two co-directors, himself and his wife Lucy Turnbull, Malcolm Turnbull did not fall within the exception provided by that subsection as Turnbull and Partners was not a company consisting of more than 25 members.

The consequence of these facts is that, at the time of the election in 2010 and of his nomination, Malcolm Turnbull was disqualified from being chosen or from sitting in the House of Representatives before, during and after the election of 2010 while he still received a benefit or a financial advantage from the Cth in the form of his salary from the Cth. While obtaining that financial advantage Malcom Turnbull, throughout that time, did also cause a loss to the Cth.

Part 7.3, section 135 of the Criminal Code (Cth) states, inter alia, the following:

                        Part 7.3 — Fraudulent conduct

……

Division 135 — Other offences involving fraudulent conduct.

……..

                       135.2   Obtaining financial advantage

(1)  A person commits an offence if:

(a)  the person engages in conduct; and

(aa)  as a result of that conduct, the person obtains a financial advantage for  himself or herself from another person; and

(ab)  the person knows or believes that he or she is not eligible to receive that financial advantage; and

(b)  the other person is a Commonwealth entity.

Penalty:  Imprisonment for 12 months.

(1A)  Absolute liability applies to the paragraph (1)(b) element of the offence.

(2)  A person commits an offence if:

(a)  the person engages in conduct; and

(aa)  as a result of that conduct, the person obtains a financial advantage for another person from a third person; and

(ab)  the person knows or believes that the other person is not eligible to receive that financial advantage; and

(b)  the third person is a Commonwealth entity.

Penalty:  Imprisonment for 12 months.

(2A)  Absolute liability applies to the paragraph (2)(b) element of the offence.

……………

Hence, on the basis that he was disqualified person by being ineligible to sit in the House of Representatives due to his company Turnbull and Partners having an agreement with the Cth, and on the basis of that company and him receiving an advantage by way of payment from the Cth, on the balance of probabilities, and most likely also on the standard of beyond reasonable doubt, it is highly probable that Malcolm Turnbull breached  s 135.2 Criminal Code (Cth) and committed the criminal offence of obtaining a financial advantage from another party that he was not eligible or entitled to receive. That other party was the Cth and, as a consequence, Malcolm Turnbull has committed an offence of a fraudulent nature against the Cth pursuant to Partb7.3.

Further, it is evident on the facts stated above, that Malcolm Turnbull did first commit this offence at the time between when Turnbull and Partners entered the agreement with the Cth, that he continued to commit the offence through the period during which he sat in Parliament and received a financial advantage from the Cth and leading up to the August 2010 election, and that he continued to commit that offence at the time he nominated as a candidate for election to the House of Representatives in 2010 and  also through the period when he sat in Parliament after the 2010 election and each time he received a  salary payment from the Cth. It is also evident that he continues to commit that or another offence to the present day by retaining the financial advantage he has obtained.

In the circumstances, given the gravity of the offending and the paramountcy of the Constitution, it is imperative that Malcolm Turnbull be immediately arrested, charged with the offence at s 135.2 Criminal Code Act, and that he be tried for that offence. Given Malcolm Turnbull’s position and the need for a deterrent in regard to the commission of similar types of offences, it would not be unreasonable for the maximum sentence to be imposed upon Malcolm Turnbull should he be found guilty of the charge.

The people of Australia should not be subject to such a flagrant breach of the Constitution, or the criminal law by a person who is an experienced and practiced lawyer and who now purports to be a leader of their nation and an officer of the Crown.

The rule of law requires that Malcolm Turnbull be charged and tried for this offence.

If people in the position of Malcolm Turnbull are not seen to be subject to the law, then the whole legal and political system will be brought into disrepute in the mind of the public as institutions that are inherently biased and corruptible as there will be one law for some and another for others. Furthermore, should Malcolm Turnbull not be brought to justice for this offending, such a public perception would not be unwarranted as the principle of the rule of law would be seen as merely an ideology invoked selectively to oppress the lives of some but to enhance the lives of others.

I refer this Complaint to your immediate consideration and attention.

Yours Faithfully,

An Australian Citizen

On Behalf of the People of Australia.

Readers are invited to print off this open letter and post or email it to their local MP or to one or more of the addressees listed on the letter.


30 comments

  1. OPPOSE THE MAJOUR PARTIES

    might be good if people print this off and send it to their local federal MP or one of the people addressed on the letter. If enough people do that then maybe some progress could be made on opposing this fascist gov rather than just sitting around whinging and giving opinions on forums

  2. Kaye Lee

    This has been raised before and, even though the contract says it is to Turnbull and Partners, the department said it had made a mistake and that the work was awarded directly to Mrs Turnbull, not the pair’s company. Lucy was awarded an 18-month contract by the then-Labor government to consult on an expert COAG panel about cities.

    http://www.smh.com.au/federal-politics/political-news/department-fixes-error-following-questions-about-malcolm-turnbull-election-eligibility-20161107-gsjsre.html

    See what happens when you try to “minimise” your tax

  3. Michael Taylor

    As a Public Servant at the time of this episode I can say that it is almost impossible to do things by accident. There were just too many checks and balances in place. Under a Labor Govt the scrutiny over every dollar that went out the door was intense. The likelihood of it being an ‘accident’ were one in a zillion.

    However, if a department said something was an accident, they could have been ‘ordered’ to say that. When Howard was PM we were often ordered to lie (or deny any knowledge).

  4. OPPOSE THE MAJOUR PARTIES

    whether it was a ‘mistake’ or not would be evident from both the minutes of the meeting at which it was decided to advance the money and the tax records of Turnbull and Partners. Labour should also have records of this as they were in gov. state governments would also have records as the money was for work for coag. If the money went to the account of Turnbull and Partners, goodbye Turnbull. Simple as that. furthermore it is not for Turnbull to decide whether a previous gov made a ‘mistake’. it would be the previous gov that needed to admit their ‘mistake’.

  5. Michael Taylor

    OTMP, I was going to say something similar but I was thwarted by an iPad that kept freezing on me, so I gave up trying to type my comment. I find it odd that the department says it was a mistake after the change of government. (Three prime ministers later, actually).

  6. OPPOSE THE MAJOUR PARTIES

    if turnbull or any other prime minister or minister is permitted to decide if a previous prime minister or minister made a ‘mistake’, where does it stop? why wouldn’t it stop at going back over a century to any previous gov decision to federation or to legislation or regulations? This is just more abuse by this corrupt sod Turnbull.

  7. lawrencesroberts

    There are bigger crimes. The new welfare card with a kickback of lots of dollars per client to the LibNat stooges shows more promise.

  8. Dave

    Probably will get filed away with the one about billson? And joyce? And roberts? And bishop x 2?, and pyne? and dutton?

  9. OPPOSE THE MAJOUR PARTIES

    if labor wants gov then its time they showed some intestinal fortitude and took up some of these criminal issues. At the very least it will generate bad publicity against liberal candidates. i note the shadow opposition minister was recently dragged over hot coals by his alp colleagues for not openly criticising dutton over the recent death at Manus. maybe they should heed their own advice. with this spineless group in charge of labor they will be lambs to the slaughter in a dirty election campaign in the manner of the latest attcks on shorten. You need to fight fire with fire but there is not a head kicker like paul keating amongst them. not one of them seems to be capable of taking up the attack. Also noticeable is how quiet albanese is atm. maybe he has citizenship issues too. he is keeping a very low profile atm.

  10. @RosemaryJ36

    The SMH article states that there was an error which had been corrected and the contract was awarded to Lucy Turnbull not the company in which Turnbull and his wife were directors.

  11. OPPOSE THE MAJOUR PARTIES

    You would be pretty naive to believe that. A mistake by whom? Him? For getting caught out with his hands in the till. It’s not up to Turnbull to decide it was a mistake…it was the previous government who awarded the contract and only they can determine if it was a mistake. The accounts and tax records of Turnbull and Partners and government banking transfer records would show where the money really went as would the minutes of the relevant COAG meetings.

  12. Michael Fairweather

    One Law for us another for Turdbull Just wait awhile and he will change any law to suit him. Australian Democracy has gone Turdbulls dictatorship is here, being a Pensioner there are things that I would like to do to Turdbull but unfortunately I have no money, no way of getting to Canberra , and no strength if I could. A curse when you get old.

  13. OPPOSE THE MAJOUR PARTIES

    michael fairweather. michael u r not alone. Many will stand with and for u.

  14. Michael Taylor

    Something I wrote three years ago, addressed to then PM Tony Abbott:

    Mr Abbott, do you remember this?

    In a speech that Mr Turnbull gave in Perth it was reported he “ . . . decried the state of political discourse in Australia, saying it had deteriorated to such an extent that the nation suffered “a deficit of trust” and there was an urgent need for honesty in politics.”

    Despite all that preaching he then refused to answer a number of questions in relation to a grant he gave when he was Environment Minister in the Howard government to his friend Matt Handbury. Mr Hanbury, co-founder of the Australian Rain Corporation and nephew of the News Corporation chief, Rupert Murdoch, you might recall, contributed to Mr Turnbull’s electorate fund-raising machine (which was set up in 2007).

    Mr Abbott, do you remember Mr Handbury’s company receiving a $10 million grant from Mr Turnbull when he was Environment Minister not long before the 2007 election? $10 million of tax payer’s money.

    A witch hunt may jog your memory. And what an amazing coincidence that he is related to Rupert Murdoch.

  15. Kaye Lee

    A highly sceptical National Water Commission recommended a grant of only $2 million “for a technology validation test of the ionisation technology by a credible scientific organisation”.

    No field trials should be financed by the government, the commission said, until and unless the science behind the ATLANT technology was shown to be sound.

    Turnbull ignored the advice and decided $10 million should be provided so a field trial could be conducted near Bundaberg at the same time as an independent scientific validation of the process was carried out by the CSIRO’s Division of Atmospheric Physics.

    Turnbull wrote to John Howard requesting the $10 million on October 15 – the day after the election was called.

    Howard wrote back approving it the same day.

    Clearly the reason for the rush was that the “caretaker” period – during which no new government decisions can be taken – was to begin with the dissolution of parliament on October 17.

    Even though the project was canned in early 2008, taxpayers were something like $5 million out of pocket.

    http://www.heraldsun.com.au/news/opinion/rain-gift-flushed-away/news-story/cc91dde433ae775bcfaf650afd478c54?sv=fedc6ff985d131554abe23e5a1b8fc36

  16. OPPOSE THE MAJOUR PARTIES

    known colloquially as the ‘Rainmaker scandal’. Turnbull is a crook.

  17. bobrafto

    re not seen to be subject to the law, then the whole legal and political system will be brought into disrepute

    It’s a complete farce now, Brough/Ashby, the rorts, the stealing by 7/11, the which bank with 53,000 x $10K = $530M which is a tip of the iceberg money laundering etc. etc.

    The LNP has taken corruption to a whole new bottom level and we have no choice but to suck it up

  18. Matters Not

    the which bank with 53,000 x $10K = $530M which is a tip of the iceberg money laundering

    Yes certainly the tip of the iceberg.

    was to recall a dinner conversation I had with a former CBA executive a couple of years ago … did alert me to the fact that, in his view, there were cultural problems in the broad technology areas of the CBA. … alerted the management to these problems and like most whistleblowers, he then decided to leave. …

    allegations from AUSTRAC are very serious and the market is taking a considerable risk in scoffing them off as something that is no real threat to the future of the bank. …

    If the CBA goes to court and sets out a series of defences that are pulled to pieces on the cross examination of employees, it is highly likely the fines that will be imposed on the bank will wipe out most of the shareholder funds.

    Be interesting to see how deep they dig and if the CBA is not only too big to fail but whether chairman Catherine Livingstone and CEO Ian Narev are too big to be convicted.

    Bring on the Royal Commission into the Banks. Shorten has another potent arrow in his quiver.

  19. Roswell

    Matters Not, if you’re wondering why your comment was in moderation … the system thought you were a new commenter as there was a different email address used.

    The mystery is solved.

  20. bossa

    @RosemaryJ36

    In the following statement, are you suggesting that the Turnbull government altered the facts to suit themselves?

    “The SMH article states that there was an error which had been corrected and the contract was awarded to Lucy Turnbull not the company in which Turnbull and his wife were directors.”

  21. OPPOSE THE MAJOUR PARTIES

    “The SMH article states that there was an error which had been corrected and the contract was awarded to Lucy Turnbull not the company in which Turnbull and his wife were directors.”
    The SMH article itself implies that doesn’t it? How & why can a current Prime Minister alter the record of decisions of a previous Prime Minister? To cover his tracks of course. Turnbull has just convinced his own putrid mind that everything he does is legal and valid. He is unaccountable tepid swill.

    I hope lots of people print a copy of this off and send it to one of the people listed and their local MP. That way they will all know the people know they have not performed their duties by bringing Turnbull to account. It’s time to bring these crims to account and what better way to do it than to hook the biggest fish. The biggest criminals in Aust are sitting in Federal Parliament

  22. OPPOSE THE MAJOUR PARTIES

    Printing this off and sending it out would be one small way people could take some action to overcome the sense of powerlessness they feel.

  23. OPPOSE THE MAJOUR PARTIES

    Barnaby Joyce has now referred the issue of his disqualification on dual Australian and New Zealand citizenship grounds to the High Court. If he is found to hold NZ citizenship or dual citizenship then a bi election will be called. Turnbull should now do the same regarding his disqualification on the grounds at subsection (v). If he doesn’t then others should do it for him. Print this Open Letter off and send it to the parties listed as addressees on it or to your local member. Demand action on Turnbull NOW! You want an election to defeat this government then this is a way to do it.

  24. OPPOSE THE MAJOUR PARTIES

    Seems to be grounds for a petition to the Governor General here. Like some opinions on this question: “Given that parliamentarians whose eligibility to sit in Parliament is questionable are still sitting in Parliament and voting on which new laws are passed, do you think the Governor General should suspend the sitting of Federal Parliament until the issue of the eligibility of all Parliamentarians is decided?

  25. OPPOSE THE MAJOUR PARTIES

    Kaye Lee. ‘See what happens when you try to “minimise” your tax’ This arose through having his hand in the till just one too many times.

  26. OPPOSE THE MAJOUR PARTIES

    Barnaby Joyce referred to High Court. Turnbull’s next!

  27. OPPOSE THE MAJOUR PARTIES

    join a class action against barnaby joyce and malcolm turnbull.

  28. OPPOSE THE MAJOUR PARTIES

    turnbulls globalist dictatorship has arrived. people who come to aust by boat are detained in camps indefinitely and some for life while the illegals and criminals in parliament give themselves exemptions fron the law ans are unaccountable. what a sick perverted country we have become.

  29. william

    Did I nod off, or has Tonnie….poduced proof that he renounced his British Citizenship

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