08 | 13
2011

AFP corruption and their per diem

Categories: Accountability, ACT Government, Asia-Pacific, Australian Defence Force, Australian Federal Police, Commonwealth Government, Corruption, Democracy, Government, Human Rights, Law Enforcement, PNG, RAMSI, Respect, Rule of Law, Solomon Islands, Stanhope Government

by: Bakchos
Leave feedback | 22 Comments »

In the 1960s Donald Horne observed, “Australia is a lucky country, run by second-rate people who share its luck.” This observation was followed in the 1990s by Paul Keating when he made his famous Placido Domingo speech at the Press Club, in which he noted that Australia has never had a great leader of the stature of an Abraham Lincoln, a Franklin Roosevelt or a Winston Churchill. While I loathe the prospect of agreeing with former Prime Minister Keating on anything, I find that I must on this point; Australia is a giant standing on the shoulders of pygmies. Our political leaders, public servants and that bastard that we call a legal system are keeping us as a nation down.

Like all good second rate managers our political leaders aim to employ people even less talented than themselves in order not to be shown up. Now think about this scenario for a minute; we have second rate politicians recruiting third rate public servants, who in turn recruit, what, third or fourth rate police. As we all joked at university, those who can go into private enterprise, those who can’t teach and the losers join the public service. Whilst a undergraduate student living at St Andrew’s College, the head student, a former Kings boy, failed first year arts so many times that out of sheer embarrassment the university had to ask him to leave. What did this powerhouse of superlatives become? A police officer, but to be fair he could stroke an oar – row that is!

I must seek my reader’s forbearance on my little detour into the world of a Spanish tenor, a former Prime Minister and an old Kings ‘man’. Don’t they all seem like characters from Cervantes? Well, there is a serious point to this post – the double standards, corruption and sheer lack of talent and integrity that is today’s Australian Federal Police (AFP).

Mind you a lack of talent should not be confused with a lack of ambition. Let’s take a look at a week in the life of the AFP. Let’s look at the week that has just passed, a week in which a NSW Supreme Court jury found that former AFP officer and senior investigator with the NSW Crime Commission Mark Standen, 54, conspired to import at least 300kg ($120 million worth) of pseudoephedrine and took part in the supply of 300kg of the substance. He was also convicted of conspiring to pervert the course of justice. Not bad for a day’s work, if you can get away with it, which in Standen’s case he didn’t … at least this time!

Over the course of the Standen trial the NSW Supreme Court heard evidence about systemic corruption within the AFP, corruption that I have been banging on about on Blak and Black for quite some time now. Corruption that has resulted in the fraudulent and malicious prosecution of Captain Fred Martens; a prosecution which resulted in Captain Martens spending nearly three years in jail for a crime that he did not commit; a prosecution which enabled the AFP to continue justifying their existence and per diems in PNG. The kidnapping and illegal rendition to Australia of Mr Julian Moti QC, the former Attorney-General of the Solomon Islands, enabling the AFP via RAMSI to justify their on-going existence and per diems in the Solomon Islands. The malicious and corrupt prosecution of Jill Courtney, enabling the AFP to continue its extravagant expenditure and per diems associated with their ‘get tough’ stance on alleged Middle Eastern (read Muslim for Middle Eastern) crime.

But, let’s not stop there. There are also the allegations from Portugal that the AFP and the ADF fomented unrest in Dili, justifying their on-going existence and per diems in Timor-Leste. Added to this are allegations that the AFP are directly or indirectly involved in the importation of drugs from Columbia, allegations that might be more fully explored in upcoming trials associated with the Standen matter and the to date unconfirmed allegations that they are involved in the importation of drugs from other regions.

Before moving onto my actual topic for this post, AFP double standards in the Martens case, it is worth considering the impact that the politicization of the AFP is having on the lives of every-day Australians. The illegal rendition to Australia of Moti was clearly politically motivated, a political motivation which flowed from Moti’s well publicized intention of expelling RAMSI from the Solomon Islands. An intention which, if carried into effect, would have resulted in among other things an on-going liability by the Australian Government to payout various contracts to RAMSI associated companies. A liability which could have run into many hundreds of millions, if not billions of dollars, remembering that the contracts with the RAMSI companies go until 2013 and Moti’s intention was to expel RAMSI at the end 2007, exposing the Australian Government to a potential liability of half the value of the original contracts.

Added to all of this is the situation with the former Commissioner for ACT Revenue, who was sacked, racially abused, intimidated and prosecuted by the AFP at the direction of the Australian Labor Party (ALP), because of his attempts to expose the ALP for its collusion in the theft and transfer of public monies from ACT Treasury to the ALP to fund party political activities.

Fred Martens – a case of AFP double standards

The same week that witnessed former AFP officer Mark Standen convicted of conspiring to import at least 300kg ($120 million worth) of pseudoephedrine and conspiring to pervert the course of justice also witnessed Captain Fred Martens in the Queensland Court of Appeal. In short, Captain Marten’s is appealing a decision by Queensland Supreme Court Justice Stanley Jones to strike out Captain Marten’s claim for damages on the basis that it was filed under the wrong legislation.

Justice Jones ruled the claim for $45 million should have been filed under Queensland legislation rather than federal law and the document had “shown little regard” for the rules governing legal procedures.

The claim, he said, should have been filed under Queensland’s Personal Injury Proceedings Act and because Mr Martens’ legal team had not followed the procedures required by that legislation, it must be dismissed. He also ordered Mr Martens to pay the legal costs of the government in relation to the claim.

This is all very fascinating given the comments made by the Queensland Court of Appeal when it quashed Captain Martens’ conviction for child sex tourism. This is incidentally, the same underlying charge for which Moti was illegally rendered to Australia to face trial on.

The girl, or should I say woman, at the centre of the allegations against Captain Fred Martens’ is one Daphne Musa. According to Blak and Black’s ‘wantoks’, Ms Musa is currently living at Gorobe Settlement, 2 Mile Hill, Babili Port Moresby, where she is happily married with 3 Children.

What, or rather who, is missing from this picture is the baby girl born to Ms Musa at Cairns Base Hospital in 1998. The child born to Ms Musa in 1998 is the product of a relationship she had with Australian citizen, Mr Tom Long, who was working in Port Moresby in the mid to late 1990s.

Information made available to Blak and Black indicates that when Ms Musa arrived in Australia to give birth at Cairns Base Hospital in 1998 she carried with her a PNG passport which recorded her year of birth as being 1981, making her about seventeen when she gave birth in 1998 and about sixteen when she fell pregnant to Australian citizen Tom Long in PNG.

The PNG birth certificate tendered into evidence by the AFP at Captain Fred Martens’ criminal trial for the same Daphne Musa recorded her year of birth as 1983. This would have made her about sixteen when she gave birth in 1998 and about fifteen when she fell pregnant to Australian citizen Tom Long in PNG.

The charge brought against Captain Martens relating to Ms Musa was that between the first and the thirty-first of December 1997, Fred Martens had sexual intercourse with Daphne Musa. I agree that this would be a very serious crime if it were true, but it wasn’t true, at least not in the case of Captain Martens.

So significant was the prosecution of Mr. Martens to the Australian Government that it rated a significant mention in the Commonwealth Director of Public Prosecutions Annual Report 2006 – 2007:

Frederick Martens was an Australian citizen and pilot, aged 56 years of age at the time of the offences. He flew aircraft carrying passengers and cargo to and from Bensbach Wildlife Lodge in the Western Providence of Papua New Guinea. He had a business relationship with a traditional land owner of that area and had offered to arrange for the education in Australia of the land owner’s daughter, who was aged 14 years. On the pretence of flying the girl from the remote village Morehead to Port Moresby to arrange for her travel documentation, Martens took her to a Port Moresby club and then back to his house in Port Moresby. He had sexual intercourse with her on a date between 10 September 2001 and 16 September 2001.

Martens was charged with having sexual intercourse with a person under the age of 16 years, while outside Australia in Papua New Guinea, contrary to section 50BA of the Crimes Act 1914.

Martens pleaded not guilty to the offence. After a fully contested committal, the matter was committed for trial to the Supreme Court of Queensland in Cairns. The trial commenced on 23 October 2007 and lasted five days. Martens was found guilty.

On 30 October 2006, the defendant was sentenced to five and a half years imprisonment, with a non-parole period of three years. The defendant appealed against his conviction and sentence, but on 20 April 2007 the Queensland Court of Appeal dismissed his appeal. The Court described the girl as ‘an unsophisticated village girl still at primary school in a remote part of Papua New Guinea’. It noted that the maximum penalty was 17 years imprisonment and that the defendant had not cooperated with the administration of justice and had showed no remorse. The Court described the defendant’s behaviour as ‘exploitative, predatory and despicable’ and noted that the offences had ‘a very significant detrimental impact’ on the girl.

The Court described the defendant’s behavior as exploitative, predatory and despicable’.  Again, I can only agree with the court sentiments, if the charges were true
and the prosecution not tainted by others self-interest. My question is, if  Captain Marten’s behavior was so exploitative, predatory and despicable’ as to warrant a lengthy passage in the Commonwealth Director of Public Prosecutions Annual Report 2006 – 2007, why has Tom Long never been prosecuted for the same crime as Captain Martens, given that on the basis of the passport tendered into evidence by the AFP his conduct must also have been exploitative, predatory and despicable’.

Could it be that the Martens’ prosecution was political? Or is it simply a matter of fact, which the AFP is and was then well aware of, that Ms Musa’s real date of birth is 1981, making her sixteen when she apparently had sex with Tom Long? If so, the AFP would also have known that she was at least sixteen and not fourteen when she allegedly had sex with Captain Martens. So Commissioner Negus, which one is it?

My wantoks assure me that Ms Musa’s actual year of birth is 1981 not 1983. This has been confirmed by her mother.

Before I go on, it should be noted that as a prelude to his annual report, the Commonwealth Director of Public Prosecutions notes that:

The DPP is responsible for the prosecution of crimes against the laws of the Commonwealth and the recovery of the proceeds of that crime. The DPP is independent of the political process…

… In considering whether to prosecute any one of those referrals, the Prosecution Policy of the Commonwealth is applied. The Prosecution Policy contains a twostep test which must be met before prosecution action can be pursued. First, there must be sufficient evidence provided to the DPP by the investigative agency to justify the conclusion that there is a reasonable prospect of obtaining a conviction. If that first limb of the test is met, then the matter will be prosecuted unless it is not in the public interest to do so. Public interest factors, which are set out in the Prosecution Policy, are numerous, but it is fair to say that if the matter involves an allegation of serious wrongdoing, it is unlikely that the DPP will decide that the matter should not be prosecuted in the public interest.

I take it from the Director of Public Prosecutions’ comments that 2011 or 2012 will witness an investigation into, and the prosecution of, all those AFP officers who are alleged to have colluded to pervert the course of justice in the Martens’ case. Or will an organisation that prides itself on being “independent of the political process” become the willing playing of AFP and ALP corruption?

 

22 Comments

  1. Ah Bakchos, now that’s a big call. Paulo was wondering why all the secrets about who and where you were meeting! Though the stars have changed…

  2. So many lies by the AFP and lives destroyed and for what a few lousy dollars. This makes me sad and angry. Where is the call for a Royal Commissin?

  3. When you look at the issues like this Australia really is a giant standing on the shoulders of very corrupt pygmies.

  4. Anne via Facebook says:

    Tampering with passports. Now there’s a problem. The Australian Government need to be investigating this (and they can’t let the AFP do it, given they’re the ones who tendered the altered document) and bringing charges against those responsible for manipulation of a Government document. If it was such a bid deal for the Israeli’s to alter Aussie passports, surely our own should meet the music.

  5. It strikes me that the issue of the tampering with Daphne Musa’s PNG passport by the AFP is just another example of Australia’s neo-colonial attitude when it comes to dealing with the independent nations of the Pacific. I would like to point out that the type of documenting tampering/manufacturing that went on in the Martens case is the same type of document manipulation that the AFP did in the case of the former Commissioner for ACT Revenue. A matter which I regularly discuss with my Legal Studies Class, one day and one day very soon I hope all of these scandalous crimes committed by the AFP at their own behest or at the behest of their political masters will come to the surface. Time for that long awaited Royal Commission, after which my guess would be that both the AFP and the ALP will be finished in the eyes of all fair thinking Australians.

  6. While I agree that the passport issue is serious, the whole situation regarding the Martens prosecution is serious. He spent almost three years in jail for a crime that he did not commit. The DPP argued that he should not be allowed to tender into evidence at his appeal over the conviction fresh evidence that would clear his name and prove that the AFP are corrupt, which to my mind makes the CDPP as corrupt as the AFP. Really the AFP should be disbanded pending the outcome of a Royal Commission into their activities and conduct. I know of three other cases that have not yet been mentioned on Blak and Black where the AFP have fitted people up. God help us!

  7. Imagine what would happen if somebody attempted to fit the AFP up in the same way that they appear happy to fit everybody else in? I’m disgusted with what the AFP has done in the Martens matter. Everyone involved from the AFP and CDPP should be charged and suspended pending the outcome of those charges.

  8. Helen, Anne and Marie, you have all missed the most important point – the AFP are just a pack of greedy white cunts out for whatever they can get away with and bugger everyone else. As Bakchos said in an earlier post viva la revolucion!

  9. Anne and Helen, yes the AFP tampering with a PNG passport is a very serious issue, but as Helen has pointed out it’s just another example of Australian hubris when dealing with the Pacific states. As to Marie’s comment I agree that AFP need to be stood down as a policing unit until all of the allegations against then have been independently investigated and the appropriate charges have been brought against the appropriate people. And yes Reg they are greedy.

  10. The more I read on Blak and Black the more disillusioned I become with the country I proudly call home. Our treatment of our indigenous population is disgusting; our treatment of the poor and disadvantages is equally disgusting. The AFP appears to be corrupt to the core and the ALP both nationally and in NSW is, if possible, even more corrupt. What has happened to good old-fashioned honesty and integrity? Well Mr Murdoch I think you have a lot to answer for on this front!

  11. My heart goes to Captain Martens and his family. I look to the Australian Government to enforce some accountability onto the AFP..

  12. To the white fellas, either give Australia back to its rightful owners, the Aborigines, or fuckenwell run the place properly. This includes including with those corrupt bastards that call themselves the Australian Federal Police or should that be the Australian Feral Phuckers?

  13. Anne I agree with you, if the AFP have tampered with someone’s passport that is a very, very serious matter, made more serious in my view if that someone is a foreign national. Though as others have said in comments to this post, Australia treats PNG as nothing more than one of its neo-colonial possessions.

  14. The more I read on Blak and Black the more disenchanted I become with the Australian ‘democratic’ process. There is manipulation of immigration records by the AFP so that Captain Martens can be charged with a crime that they and he know that he did not commit. The former Commissioner for ACT Revenue was fitted-up by the AFP to save the ALP from being exposed, yet again, for the corrupt organisation that it is. Julian Moti appears to have been treated appallingly to facilitate Australia’s neo-colonial interests in the Pacific. Jill Courtney, well I can’t even begin to express my disgust at what happened to her. As for mark Standen, how many Australian families lost loved ones because of his actions? Disgusting, the whole thing is disgusting. Really, if the PM has any balls, which I guess she doesn’t, the AFP will be disbanded come tomorrow morning.

  15. It seems like there are major problems with accountability in the AFP. Think about the struggle I and all my friends had in getting into university I also resent the fact that because of the corruption that seems sp prevalent in Canberra students from Canberra schools can obtain university places without having worked for them.

  16. I wonder if it’s the pygmies who are stopping Australian standing tall in the Pacific? Look..ok…but Paul K did say at some time that Australia needed to stand tall in the Pacific, hard to do when you’re standing on the shoulders of Pygmies!

  17. Quran 39:40 Ayah 39:40 – “For who the punishment is coming that shall disgrace them (in this world) and on who is coming the everlasting punishment (in the Hereafter).

  18. Shit the AFP sound like a pack of bastards

  19. Anne via Facebook says:

    One and all, I hear you. I was just pointing out yet another double standard – Israel vs our own Police force and government. I too have become exceedingly disillusioned bith the land I grew up in since meeting Bakchos. when you hear the tales and see the facts, it’s quite literally sickening. I agree, it’s time for that Royal Commission.

  20. Rochelle says:

    I have seen first hand the ‘ADF fomented unrest in Dili, justifying their on-going existence’ the following link is to an academic paper i wrote about these circumstances
    after more than a year living where our community was under attack from groups welding home made weapons and petrol, attempting to burn out easterners (within East Timor) out of Dili the capital. The ADF set up a base in our neighbourhood and didn’t do anything to protect our community or homes, many were forced to flee to IDP camps. Even our local primary school was victim to ADF tear gas.
    link:
    http://deakin.academia.edu/RochelleHumphrey/Papers/287906/Peacekeeping_in_the_Interests_of_Peace_A_gendered_Response_to_the_Australian_Defence_Forces_in_Timor_Leste_2006

  1. […] about still remains unanswered. My best guess and one that I have discussed previously in my post AFP corruption and their per diem is that the utilitarian good we are talking about is the AFP’s per diem. Sacrificing Martens, […]

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