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High Court “disaster”

The lawyers will be cracking open the Moet champagne but the country has suffered a disaster with this High Court ruling. THE High Court has unanimously rejected the federal government’s attempt to keep asylum-seekers on Christmas Island outside the protection of Australian law. In a landmark ruling handed down by the full bench of the High Court this morning, the court determined that two Sri Lankan Tamil asylum-seekers, M61 and M69, had been denied procedural fairness.
David Manne, executive director of the Refugee and Immigration Legal Centre, who co-ordinated the High Court challenge, said: “This is a great decision for the rule of law in this country. “The court has unanimously ruled that these decisions on our clients’ cases were unfair and unlawful because the government was not applying ordinary Australian laws on decisions on these life or death matters.”
Well, that’s David Manne’s opinion but to classify this as ‘life and death matters’ lends false gravitas and, I for one, don’t think refugees should have the rights of citizens until they are citizens. In my mind, the only winners are the lawyers in the Human Rights industry, the two Tamil Tigers plus, of course, every other future ‘life style shopping’ boaty. What now for East Timor? Forget it – the government will be too busy processing claims once the news hits the People Smuggler Network News to try and come up with any solution to their self-inflicted wound.
The Australian government and the immigration minister have been ordered to pay the pair’s legal costs.
Which translates as a mob of legal practitioners are going to be handed a lot of money as payment for their efforts in making it harder to run the country’s borders in any sort of organized manner. So, not only have we exhorted the people smugglers and ‘life style shoppers’ to greater efforts, but if we don’t want them to live here for any legitimate reason we will totally fund their appeal to the High Court to force us to give them what they want – permanent residency. Something wrong there!

41% still don’t get it

JULIA Gillard is beginning to pay a personal price for Labor’s continuing problems as she loses ground to Tony Abbott. The number of voters dissatisfied with Ms Gillard’s performance as Prime Minister is now equal to those who are satisfied.
According to the latest Newspoll survey, taken exclusively for The Australian last weekend, voter satisfaction with Ms Gillard dropped three points to 41per cent and dissatisfaction rose four points to 41 per cent.
I find it amazing that 41 per cent of those survey think she is doing a good job! Can’t they read? Don’t they look at newspapers?

Swimming with whales

My alma mater Albany High School is in the news courtesy of a teenager who had the fortitude to touch a whale and slither up on its back for half a minute. The whale huggers of the world have united in condemnation resulting in his mother feeling obliged to offer excuses. Ignore the whale huggers Mum, your boy should be able to dine out on that for years and I bet he is already a bit of a hero at Albany High. The so called infringement happened at Middleton Beach where I spent my awkward teenage years coming to grips (all to seldom) with members of the opposite sex. His crime?
Harassing protected species is an offence under the Wildlife Conservation Act. The maximum penalty is $10,000. The exclusion zone around whales is 100m for boats, surfers and people on kayaks.
I’m sure the multi ton whale felt harassed by the 57 kilo teenager. UPDATE: Someone suggested he should have said he was a Greenie and just giving the whale a hug.

Slogans only OK for ALP

The Prime Minister attacked Tony Abbott’s resort to “three-word slogans” on border security, insisting her government was having success tackling people-smuggling across a range of policy levels. Without delving too much into her “moving forward, fuel watch, grocery watch” sloganeering I think her last line is disingenuous to the extreme. Who does she think she is kidding! “…having success tackling people-smuggling across a range of policy levels” would suggest the ALP are on top of the problem and nothing could be further from the truth. Amanda Hodge has posted an article on the refugees “life style” seekers taking advantage of Gillard’s successful tackling of people smugglers.
…a high-ranking Pakistani official, also involved in anti-people-smuggling operations, denied the numbers were in decline and said the Gillard government’s recent family-friendly announcement would only encourage more movement. “It’s increasing and the reason is very simple: you’re not doing anything positive to stop it,” the official said. “You’re sending all the wrong signals. You’ve set up new centres in Adelaide and one near Perth to accommodate the child issues. If you’re going to be so friendly then of course you’re going to get more people.
Sending all the wrong signals is dead right.

Morrie Stanley Dies

Morrie Stanley, 1931-2010 Morrie Stanley was one of the heroes of the bloody Battle of Long Tan – the Australian Army’s most intense encounter of the Vietnam War. The New Zealand Army captain attached to Delta Company of 6RAR is widely acknowledged as having played a huge role in saving most of the 108 besieged Australian Army soldiers during the three-hour battle on August 18, 1966. He was the forward artillery officer with Delta Company when they were attacked in a rubber plantation by a force of about 2500 Vietcong and North Vietnamese soldiers who outnumbered them 23 to one. He stayed by the side of the company commander, Major Harry Smith, calling in artillery fire from New Zealand, Australian and American howitzers at the Australian base at Nui Dat five kilometres away. The enemy force attacked in waves during a torrential downpour, almost overrunning the Australians. Captain Stanley on the day after the battle. Photo: Reuters Maintaining his calm amid the mayhem – ”I had to overcome my dread that I would make a mistake,” he recalled – and with mud and rain at times obscuring his map from which he calculated critical co-ordinates for the gunners, Stanley was in constant radio contact with the gunners at Nui Dat as the Australian soldiers fought against overwhelming odds with limited ammunition. At times he ordered salvos from the 18 New Zealand and Australian 105-millimetre howitzers and six 155-millimetre US howitzers in the battery to within 30 metres of the Delta Company lines. He also disregarded requests from Sergeant Bob Buick, who took command of 11 Platoon after his commander was killed, to bring down fire on his position. The platoon had only 10 men left out of 28 and Buick was prepared to make the ultimate sacrifice because he thought he was about to be overrun. By the time the enemy disengaged and slipped away, they left 245 dead in the plantation. The Australians lost 17, and 23 were wounded – and the Regiment had fired more than 4000 – 105mm rounds from its howitzers. Maurice David Stanley was born on March 22, 1931, in Christchurch and grew up in Napier. His father was a drill master and Morrie became a prefect and regimental sergeant major in the school cadets. In 1949 he joined a special cadet unit in Wellington to complete his final two years at school, and while there won a place at the Royal Military Academy , Duntroon. He was 19 when he sailed for Sydney for the four-year cadetship. As a New Zealander, he had more to overcome than the average Australian cadet. It was demanded of him, as part of the tough initiation, that he sing Waltzing Matilda. But his Kiwi spirit would kick in and instead he would sing the New Zealand marching song Maori Battalion. ”I received some attention for my impudence,” he recalled of what must have been stern punishment. But there was a silver lining to the hazing. He met a young Canberran, Alva, at a church function and they were engaged the day he graduated as a lieutenant in December 1953. They married six months later. As his army career progressed, he was among 150 soldiers sent to England for ceremonial duties (including guard duties at Buckingham Palace ) and training with the British Army. Back home, in January 1966, he was ordered to prepare for posting to South Vietnam as a replacement battery captain with 16 Field Regiment, which was providing direct artillery support for the Australian’s 1RAR. The unit was attached to the US Army’s 173rd Brigade. After a relatively quiet start to his posting with 1RAR, at the end of April 1966 the battery moved to Vung Tau and Nui Dat in Phuoc Tuy province and he joined 6RAR as its forward artillery officer. The events at the plantation on Long Tan erupted less than four months later. Stanley ‘s actions that day earned him the military MBE for valour. Many consider he deserved a higher award. After Vietnam , his postings included a four-year stint as a defence liaison officer in Melbourne . In all, he spent eight years in Australia . After he retired from the army with the rank of major in 1976 he worked in hospital administration in Auckland . Morrie Stanley is survived by Alva and sons Peter and Andrew. A third, Donald, died before him. Rest in Peace old Warrior.

Conspiracy theorists rule

A SENIOR union leader has publicly stated he believes the September 11 terrorist attacks were a conspiracy and the Twin Towers were imploded. Kevin Bracken, Victorian branch secretary of the Maritime Union of Australia and president of the Victorian Trades Hall Council, is calling for a “proper investigation into the events of September 11”.
“I believe the official story is a conspiracy theory that doesn’t stand up to scientific scrutiny,” he told ABC radio host Jon Faine this morning.
Part of the power group running Australia – says it all really.

The Military Law debate continues

Chief of Army gets up me for commenting on the soldiers being charged for actions in Afhganistan. Well not me exactly but those of us commenting publically. In an unclassified email to the military he says;
Many will have views about whether or not charges should have been brought. Many may hope that those who have been charged will be cleared. Some, armed with ill-informed opinions and good intentions, have made public comment in response to the media and public interest. • We must not be party to the pressures being applied by individuals external to our organisation, or by the vocal individuals within our organisation. The Army is simply not above the law.
Full text here General Gillespie mentions the petition I link to over on the right of this page and it may well be that it’s initiation was ill-formed and that it has no legal basis but I’m not a lawyer and in my humble opinion the petition indicates 20,000 plus votes of support for the diggers. It offers moral support and they may deduce from that the people are thinking of them. The General is, of course correct but he is playing with the cards he has been dealt and it could be argued that the Howard government dealt him a disparate hand of cards. Removing military command from the legal chain was always going to initiate debate and I for one have always been uneasy giving power to people who understand the rule of law but have little experience in battle. We do, after all, train our soldiers to deliberately kill others and this is contrary to civilian law. Being a RAAF lawyer, Kathryn Cochrane might not have read General Gillespsies’ email as she argues for the troops to be charged by their commanders and not by a lawyer.
Troops expect to be charged by those in the military who have field experience and campaign medals; those who know first-hand how military operations are conducted. The troops expect to be charged by “command”; they may not like it but they will respect it. Command only works through mutual trust. The troops do not expect to be charged by a lawyer – military or otherwise – who has never executed a military mission in a dangerous place, let alone faced live fire in the circumstances such as those of the three diggers. I agree with the troops.
So do I for what it’s worth. But with lawyers seemingly breeding faster than soldiers I feel sorry for the current diggers as they ply their trade with a legal sword of Damocles hanging over their heads and careers. Officers plan for proportionality; they consider civilians and do their utmost to protect them but it is common knowledge amongst the profession that no plan survives contact with the enemy. After all the planning, after all the training, when the digger is fired on he commences an “immediate-action” drill. If he sees civilian in that part of a second that leads up to returning fire then he can stop but if there is nothing visible to trigger a caution he is trained to return fire. But the debate is now turning to who charges and who hears the case. The General is obviously correct and the Director of Military Prosecution is simply doing her job but that is only pertinent while we accept the current regulations as being the best available to maintain military discipline and the rule of law to the satisfaction of Government, the Military and the people. There are some who suggest that isn’t the case and that can be only a positive in a democracy. Let the debate run it’s course.

Gillard caught out lying

I don’t believe for one moment that Gillard wasn’t aware of Abbotts impending visit to Afghanistan when she allowed the press to build up steam on Abbott not wanting to go to Afghanistan with her. TONY Abbott says he told Julia Gillard at a meeting on September 22 that he had booked a visit to the Australian troops in Afghanistan.
In what he has called an “act of low bastardry”, he says she failed to reveal this information as a corrosive argument ran unchecked as to which political party was more supportive of the troops.
Very poor show PM – there is simply no defence for what you have done.

It’s raining!

150 mm (nearly 6 inches for metric disadvantaged readers) and it’s still raining but promising to ease. Lost power from 5:30 when the house was flooded through to 11:30. At 5:30 the water was 2-3 inches above the flood water grates…raining too hard to get away. Just love it in the tropics. I come from Albany, WA where it can be miserably cold and drizzling for two weeks all for half an inch of rain. I reckon if it’s going to rain then lets get it out of the way. Dams full…tanks full…house washed – great stuff.

Commonwealth Games

Over at The Punch Ross Neilson of Neilson Polls has a go at the Commonwealth Games saying they should be canned. He gets some well deserved flack in the comments but I must admit that I haven’t watched much of the Games on TV myself. To me, events like this are all about flogging the Poms and as we are currently doing exactly that in spades, as witness by the graphic below, then I only need to check in every now and then for some moral-boosting gloating. Well done guys and gals – you do your country proud.
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