Elferink ups the ante, Delia folds

Delia Lawrie’s announcement today that she was resigning as NT Labor Opposition Leader isn’t really surprising in light of yesterday’s news that Attorney-General John Elferink had referred her conduct over the Stella Maris controversy to both NT Police and the Director of Public Prosecutions for investigation:

At her office in her electorate of Karama, Ms Lawrie said she would be focusing on her upcoming legal problems. …

“The news that the CLP were referring the Stella Maris [inquiry] to the Director of Public Prosecution and the police makes me want to focus my mind with my legal team.”

In two previous articles I discussed aspects of the current controversy surrounding NT Labor Opposition Leader Delia Lawrie in the wake of adverse findings made against her in the Supreme Court after she unwisely pursued judicial review proceedings challenging on natural justice grounds earlier adverse findings against her by a Commission of Inquiry (effectively a royal commission) headed by former Australian Crime Commission boss John Lawler. The judicial review proceedings failed after Lawrie was forced to disclose confidential lawyer/client communications.  Southwood J found that the emails revealed that, far from being denied a fair opportunity to be heard before Commissioner Lawler, Lawrie and her lawyers had made a calculated decision to “disengage … ignore … and discredit” the Commission from a fairly early point in its hearings.

My previous articles mainly focused on deficiencies in the Commission proceedings and report, as well as reasonably arguable appeal points Lawrie might pursue against aspects of Southwood J’s decision.  However, the Attorney-General’s referral of Lawrie’s conduct for investigation of possible criminal conduct raises further questions that need to be examined.

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Lest we forget that Woolworths are the fresh food people: Troppo competition

Woolies

Woolies and its marketers plumb the depths of vileness. Apparently they’ve taken it down with a delicious non-apology. It “regretted” it had caused offence.
File next to corporate pedophilia under “The banality of corporate exploitation”.

Anyway, it’s a worthy subject for a competition. Come up with something more lacking in basic decency and sensibility. I’m afraid it’s not worth the Merc Sports, but Rooter can be let off the leash for a drag round the block before being flown to the Dardanelles for more important duties on the 23rd of April. He’s needed to be the subject of a special five minute human-interest multi-media packet for current affairs programs on the Big Day “Rooter and his donkey”.

Comedy in Melbourne – and some comedy I wish was in Melbourne

I expect lots of Troppodillians will know of Stewart Lee – the guy in the video above – given how good I reckon he is, but I’d never heard of him until, at the beginning of the Easter weekend YouTube noticed I’d been checking comedians out to decide who to see at the Melbourne Comedy Festival and served him up.

Pity he’s not out here for the comedy festival. Continue reading

Perverting the course of justice?

(NB See my previous post on this important NT Supreme Court decision). News that CLP Attorney-General John Elferink has referred the Delia Lawrie matter to the Director of Public Prosecutions is hardly a surprise, given adverse comments about her behaviour in a Supreme Court judgment last week. In a realpolitik sense it’s the governing party’s job to put the heat on the Opposition whenever possible, and vice versa:

Northern Territory Opposition Leader Delia Lawrie has been referred to the Director of Public Prosecutions (DPP) by her political rivals after a Supreme Court judge said she knowingly made false allegations. …

“The fact that you have the Leader of the Opposition colluding to put information in front of a Supreme Court, ultimately to encourage it to make the wrong decision, is a very serious matter indeed,” he said.

“I’m asking the question as to whether or not an affidavit that potentially contains false information may become a breach of the Oath Act or ultimately a breach of the criminal code.”

Another news story suggested that Elferink was asserting that Lawrie and her lawyers may have engaged in a conspiracy to pervert the course of justice.

But what are the prospects that the DPP would decide to lay charges, or that they might succeed? I am not a criminal law expert nor do I have a complete knowledge of the facts in Lawrie v Lawler nor access to the relevant court documents. However, as an administrative law expert and very experienced general civil litigation lawyer I can make a few tentative observations. (warning – may be a bit dry and legalistic for some tastes)

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Snatching defeat from the jaws of victory?

The old, heritage-listed Stella Maris Seamen's Mission in Darwin's CBD

The old, heritage-listed Stella Maris Seamen’s Mission in Darwin’s CBD

Northern Territory Labor Opposition Leader Delia Lawrie is a fearsome political warrior, a divisive figure who seldom compromises or takes a backward step. In many circumstances those are great qualities for a politician, but not always.  For my money the wise politician’s central credo was best summarised by the great Kenny Rogers:

You’ve got to know when to hold ‘em
Know when to fold ‘em
Know when to walk away
And know when to run …

Every gambler knows
That the secret to survivin’
Is knowin’ what to throw away
And knowin’ what to keep
‘Cause every hand’s a winner
And every hand’s a loser
And the best that you can hope for is to die
in your sleep

Kenny’s words of wisdom were never so important for Delia Lawrie as now, when she’s contemplating whether to hang in as Labor leader in the face of an adverse Supreme Court decision, and whether to appeal that decision.

Many observers find it quite puzzling as to why Ms Lawrie decided to embark on those Supreme Court judicial review proceedings in the first place. After all, few if any Territorians even registered the fact that the Lawler Commission of Inquiry had even taken place let alone made somewhat adverse findings against Delia Lawrie. Certainly the general media and political view was that the Lawler Report was something of a damp squib that had sunk almost without trace, doing little or no damage either to Ms Lawrie or Labor in general.

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The power and passion of privatisation

Grossly offensive political ads about the alleged dangers of Chinese purchase of electricity “poles and wires” during the last week of the New South Wales election campaign say much more about the Labor-affiliated unions who placed them than they do about the Baird government’s privatisation plans. It seems that Richo’s “whatever it takes” political philosophy remains alive and well in the ALP.

As for the power privatisation policy they were seeking to demonise, my own attitude is succinctly summarised by Ross Gittins:

I’m never sure who annoy me more, the business types who are certain every business is better run if privately owned, or the lefties who oppose every sale of government-owned businesses on principle.

As a general rule, privatising a natural monopoly is a dumb idea, because the monopolist will extract monopoly rents and prices paid by consumers almost inevitably rise. However, as Gittins points out, the situation is different with power in Australia because of the tight regulatory regime surrounding the industry:

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Banter Blitz

Something that’s fun for chess patzers like me is watching really good players play blitz and seeing how much further their chess intuition goes. This is normally savoured at live tournaments but I just discovered Banter Blitz which pits grandmasters against patzers like me – and quite good players as well. Anyway, the reason I checked this out is that the grandmaster is David Smerdon who is Australian and indeed works for the Australian Treasury – or did. Anyway, apologies for those who don’t like this kind of thing – it’s not such an imposition – they don’t have to check it out. But for those who might enjoy it – enjoy.