Australian whistleblower disappeard by ASIO

[Magda Hassan]

Apparently an Australian whistle blower has been disappeard by the local secret service. Still trying to find out more information.

[Magda Hassan]

Don't know if this is the same person referred to but ASIO raided office of lawyer for TL (that would be East Timor) goverment Bernard Collaery at 11am today for 4 hrs. He is overseas. Asio also raided his clients home.

[Magda Hassan]

ASIO raids lawyer office seeking Timor wiretap documents

By Darren Pauli on Dec 3, 2013 7:06 PM
Filed under Risk

Documents claim ASIS agents planted bugs in Govt office walls under aid work guise.

A lawyer says ASIO agents have raided his Canberra office in search of documentary evidence he has taken to the Hague that Australia planted listening devices in East Timor offices to secure lucrative gas revenue.
Bernard Collaery told ABC's PM from the Hague that two agents raided his office today in search of documents he said proved that ASIS planted bugs in the walls of East Timor offices in 2004.
East Timor has said the authorisation for the ASIS operation was granted by then Foreign Minister Alexander Downer.
An unnamed man possibly a whistle blower was also arrested during a separate raid today.
Collaery, who has the documentary evidence in hand today at the Hague, said ASIS agents planted the devices while posing as aid workers tasked with rebuilding government offices in the country amid "good faith" international talks.
East Timor argues that the devices gave Australia the edge in talks to secure revenue from the $40 billion dollar Greater Sunrise gas reserves located 100 kilometres from Dill and 400 kilometres from Australia.
"Documents reveal the Director General of the Australian Secret Service and the Deputy Director General instructed an ASIS team to go to Timor in an elaborate plan via aid programmes in the reconstruction of offices to insert bugs into walls," Collaery told PM.

"This was a commercially-designed conspiracy in Canberra to bring about a successful result for Australia for a deposit of gas.
"I can't see what the Government hopes to achieve with this aggressive [raid]. It can attempt to nullify the whistle blower's accusation but the evidence has flown - it is abroad and it is ready."
In 2006 the then Howard Government signed the Certain Maritime Arrangements in the Timor Sea treaty with East Timor in which revenue of the $40 billion gas fields would be split.
http://www.scmagazine.com.au/News/366410...ments.aspx

[Magda Hassan]

Well, Peter, I am very looking forward to Greenwald's new articles.

[Magda Hassan]

So, basically, it seems ASIO has been caught out spying for corporate interest over the oil and gas in Timor sea and fucking over the East Timorese government. E. Timor is taking Australia to the Hague for breaching the Vienna Convention and fingers ASIO. So it raids the E. Timorese to confiscate the documents they have on ASIO disappears one some 'senior (former?) Australian bureaucrat' with some knowledge of the event/s. No conflict of interest there. Move along nothing to see here.

[Magda Hassan]

Former spy turned-whistleblower is apparently the senior bureaucrat referred to earlier.

[Anthony Thorne]

This should prove a litmus test as to whether our degraded local media still has any teeth left for proper investigative journalism, but I'm not holding my breath.

http://www.crikey.com.au/2013/12/04/the-...australia/

The war on whistleblowers it's come to Australia

The tactics of the Obama administration's war on whistleblowers and journalists have now been openly deployed in Australia. The Coalition government is on the attack.

To the extent that it hadn't before, the war on whistleblowers and journalists that has been waged in the United States and the United Kingdom for the past several years has now been opened in Australia in the past 24 hours.

The Prime Minister's attack yesterday on the ABC, Communications Minister Malcolm Turnbull's unusual direct intervention with the ABC managing director Mark Scott, the smear campaign directed at Scott and The Guardian by loyalist media and then the remarkable news that ASIO had raided a Canberra lawyer's office to seize information relating to an action brought by Timor-Leste in the International Court of Justice, are all profoundly concerning and all very familiar.

The Timor-Leste matter is entirely separate from the the ongoing Snowden revelations. The information was seized by ASIO agents in a raid on the office of Bernard Collaery, who was ACT attorney-general in the Kaine Liberal government in the late 1980s, authorised by current Attorney-General George Brandis under a remarkably wide warrant. It reveals that the Australian Secret Intelligence Service used Australia's aid program to Timor-Leste as a cover for bugging the East Timorese cabinet to advantage the Howard government in commercial negotiations. The whistleblower who revealed this particularly shabby and highly damaging operation was also detained.

That whistleblower, said to be a former senior ASIS official, has not approached the media but is instead providing evidence in the legal action brought by Timor-Leste. In a crude attempt to prevent the former official from giving evidence in The Hague, his passport has now been cancelled. This particular dirty laundry goes back nearly a decade: the current head of ASIO, David Irvine, headed ASIS when it undertook this commercial espionage for the Howard government in 2004.

We've seen such tactics before, time and again, almost to the point of ritual, from the Obama administration in response to leaks by national security whistleblowers and their reporting by journalists: distract from the information revealed by attacking media outlets and journalists, suggest they are harming national security and should be prosecuted, attempt to discredit the revelations and use whatever legal measures are possible to harass whistleblowers and journalists, including, if necessary, anti-terrorism legislation.

The behaviour of the Abbott government in relation to the Indonesian phone-tapping story perfectly fits this pattern. While admitting that the revelations were a genuine story, both Tony Abbott and Malcolm Turnbull have attacked the ABC, which partnered with The Guardian in breaking the story. In a remarkable statement yesterday, Abbott suggested the ABC had breached its own act by "advertising a left-wing British newspaper". When Katharine Murphy of The Guardian asked him whether the ABC's partnering with Fairfax or News Corp to break stories was also "advertising", Abbott refused to answer.

Abbott's claim that the ABC had breached its act distracted not only from further revelations about the willingness of the Australian Signals Directorate (formerly the Defence Signals Directorate, or DSD) to hand Australians' data over to the US National Security Agency, but also from Turnbull's blatant interference in the operations of the ABC. Turnbull called ABC managing director Mark Scott to criticise him over the Indonesian story.

This was a major breach of convention by Turnbull. Previous ministers for communications have communicated with the ABC through the chairman of the ABC board, who is appointed by government, not sought to directly influence the editor-in-chief, who is not. If Turnbull's call to Scott was a formal rebuke, it was utterly inappropriate and breaches the ABC's independence; if his call was an informal Malcolm-Mark chat, then it reflects a failure on Turnbull's part to understand his responsibilities. If the Communications Minister has a problem with the ABC's editorial decisions, he can do what Richard Alston did with his ill-fated Iraq War complaints  use the ABC's, and then ACMA's, complaints mechanism and write to the chairman.

Abbott also sought to play down the latest revelation about DSD, that the NSA believed it was happy (unlike Canadian agencies) to hand over metadata on Australians, as merely relating to "billing data". That suggests either that the Prime Minister is profoundly ignorant about the most basic facts about surveillance, or eager to distract from the revelations.

The government's attack on the ABC complements the ongoing News Corporation campaign against the national broadcaster. News Corp outlets are playing the same role as the establishment media in the US that have attacked WikiLeaks, Chelsea Manning, Edward Snowden and Glenn Greenwald over Manning and Snowden's whistleblowing, smearing both journalists and whistleblowers and claiming the exposure of US crimes are a victory for terrorists.

Also joining the debate have been intelligence sources eager to dismiss the Snowden revelations, although less eager to put their names to their denials. Speaking to compliant journalists, such officials are happy to breach confidence or break the law to dismiss claims that reflect badly on them, but are never heard from when it comes to telling Australians about practices that are directly harmful to our interests, such as the NSA's extensive surveillance of Australians.

And lest anyone think this is all somehow because the Coalition is now in power, not a single thing that has happened in recent days wouldn't have happened under Labor, except that Stephen Conroy would have known better than to call Mark Scott and Labor might have been reluctant to attack The Guardian as "left-wing". But Mark Dreyfus, shadow attorney-general, is still opposing any sort of inquiry into the behaviour of our foreign-focused intelligence agencies. This morning Labor combined with the Coalition to block a Greens motion to require the Attorney-General to explain the extraordinary ASIO and ASIS raids yesterday. And nearly three months after the election, the Parliamentary Joint Committee on Intelligence and Security hasn't even been re-appointed.

At least, in the US, such is the shock at the exposure of the NSA's extensive and illegal surveillance that even the strongest national security advocates are calling for the agency to be reined in and for more oversight of its activities. Here, we can't even have a parliamentary inquiry into our out-of-control intelligence agencies.

[Magda Hassan]

From Tom Clarke of the Human Right Law Center

Getting interesting: Retired intelligence officer, reportedly witness of Downer's authorisation of EastTimor bugging, has been arrested.

Alexander Downer was the Minister for Foreign Affairs under the former Howard government.

[Magda Hassan]

This should prove a litmus test as to whether our degraded local media still has any teeth left for proper investigative journalism, but I'm not holding my breath.

Given how much this slogan bogan government is owned by Murdoch, who has his own criminal and morally questionalble relationship with eavesdropping and hacking I am not expecting too much either. It will only be outlets like the Guardian and Crikey that will be even attempting to take such things on.

[Magda Hassan]

Oh, by the way, Alexander Downer now works for Woodside Petroleum who is the main beneficiary of oil leases in the Timor Sea.... :hock:: :: :: ::face.palm:: ::drevil::

And it was the reason why the spy turned whistleblower.

East Timor spying scandal: Tony Abbott defends ASIO raids on lawyer Bernard Collaery's offices

Updated 2 hours 50 minutes ago
Video: Collaery accuses ASIO of trying to muzzle whistleblower after raids (Lateline)
Photo: Lawyer Bernard Collaery says a whistleblower is being muzzled. (http://www.cclaw.com.au)
Related Story: Lawyer accuses ASIO of 'muzzling' E Timor spying case after raids
Related Story: East Timor says Australia spied for commercial gain
Map: Australia

Prime Minister Tony Abbott has defended an ASIO raid on the offices of a lawyer in the East Timor spying case, saying it was done in the national interest.
East Timor will launch a case in The Hague on Thursday to have a $40 billion oil and gas treaty it signed with Australia ripped up.
It alleges Australia had the advantage in negotiations because of spying conducted by the Australian Secret Intelligence Service (ASIS) in Dili, which it claims was ordered by then foreign minister Alexander Downer.
Yesterday, ASIO officers raided the Canberra office of lawyer for East Timor Bernard Collaery - who is currently in the Netherlands preparing for the case - and cancelled the passport for a retired spy expected to give evidence.

Analysis by reporter Peter Lloyd

I think we've set sail into very uncharted waters here. Never before has Timor taken someone to this arbitration panel [at The Hague]; never before has Australia been called to answer questions about spying in a forum such as this.

And this isn't just about a treaty - this is by implication about the maritime boundary between Australia and East Timor.

What's at stake here are issues of sovereignty; it's about billions of dollars in resources; it's about the resource sharing deal that Alexander Downer and the government of the time struck - whether that's valid.

Listen to Peter Lloyd's report on AM


Attorney-General George Brandis has confirmed he approved the warrants to conduct the raid, but denied it was done to affect the arbitration at The Hague.
He says the Federal Opposition was briefed by ASIO earlier today.
This morning the Greens slammed the Government over the raid.
"This is a very disturbing allegation and if it's true, it seems that George Brandis seems to think he's J Edgar Hoover and is able to throw warrants around like confetti," deputy leader Adam Bandt said.
"There needs to be a full explanation from our Attorney-General."
But Mr Abbott says the Government's actions are justified.
"We don't interfere in cases, but we always act to ensure that our national security is being properly upheld. That's what we're doing," he told reporters in Canberra.
A Greens motion in the Senate, calling for Senator Brandis to explain the raids, failed after a short debate.
We asked what you thought of the ASIO raid on Bernard Collaery's offices and here's what you had to say.


East Timor claims ASIS used the cover of Australia's aid program to install listening bugs inside the East Timorese cabinet room so it could spy on sensitive information during oil and gas negotiations in 2004.
The two countries were working on a deal to share revenue from the oil and gas deposits under the Timor Sea, called The Greater Sunrise fields.
Woodside Petroleum, which wanted to exploit the field, was working hand in glove with the Australian government and senior ministers to score the best possible deal.
Mr Collaery says the details in the allegations have not been made public until now.
"The director-general of the Australian Secret Intelligence Service and his deputy instructed a team of ASIS technicians to travel to East Timor in an elaborate plan, using Australian aid programs relating to the renovation and construction of the cabinet offices in Dili, East Timor, to insert listening devices into the wall, of walls to be constructed under an Australian aid program," he told the ABC.

Star witness has passport cancelled

Mr Collaery says a star witness who ASIO questioned last night was "not some disaffected spy" but the former director of all technical operations at ASIS.
He says the former ASIS operator decided to blow the whistle after learning Mr Downer had become an adviser to Woodside Petroleum in his years after politics.
Video: Former spy's lawyer accuses Government of intimidation (ABC News)

In a statement to the ABC, Mr Downer says the allegations are old and he will not comment on matters regarding national security.
The whistleblower's affidavit is understood to refer to the alleged 2004 bugging operation as "immoral and wrong" because it served not the national interest, but the interests of big oil and gas.
Mr Collaery says ASIS's alleged spying amounts to "insider trading".
"If this had happened in Bridge Street, Collins Street, Wall Street, people would go to jail," he told Lateline.
Mr Collaery has accused the Government and ASIO of being "crass" by "muzzling the oral evidence of the prime witness".
"What do you think the tribunal [at The Hague] is going to think of it?" he told Lateline.

Attorney-General George Brandis says he approved raids

Senator Brandis has delivered a statement to the Senate confirming ASIO raided the premises of Mr Collaery and a former ASIS officer.
He says ASIO requested the search warrants "on the grounds that the documents and electronic data in question contained intelligence relating to security matters".
"The Attorney-General never initiates a search warrant; the request must come from ASIO itself," he told the Senate.
He went on to explain that security is defined as the protection from "espionage, sabotage, politically motivated violence, attacks on Australia's defence system, or acts of foreign interference, and the protection of Australia's territorial and border integrity from serious threats".
Photo: The home and office of lawyer Bernard Collaery (ABC)

"Of course, honourable Senators would not expect me to disclose the specific nature of the security matter concerned," he said.
He says it is "wrong" to assert that the searches were carried out to interfere with East Timor's case in the Hague.
"I have given an instruction to ASIO that the material taken into possession in execution of the warrants is not under any circumstances to be communicated to those conducting the proceedings on behalf of Australia," Senator Brandis said.
But Mr Collaery rejects that explanation.
"Well so much for George Brandis's respect for Commonwealth whistle-blowing laws ... for the laws of this country. This is an unprecedented step," he said.
Mr Collaery says the documents ASIO officers seized from his office include evidence of Australia installing listening devices into the wall of the East Timor government's cabinet room.
However, he says he also has the evidence with him in The Hague and the raid will do "very little" to hinder East Timor's case.
"The evidence is here. I can't see what the Government hopes to achieve by this aggressive action," he said.
"It can attempt to nullify the whistleblower's evidence, but that evidence has flown - the evidence is here, it's abroad, it's ready."

Labor, Greens say allegations are disturbing

Federal Opposition Leader Bill Shorten says Australia's security agencies should operate within the law, and it is a serious matter.
"If it's a matter of national intelligence then we're not able to comment and that is the convention," he said.
"But certainly the Opposition will be asking the Government to update it on any matters which are relevant to our national intelligence."
Labor backbencher Kelvin Thomson told ABC's AM that he is concerned by the claims.
"I'm troubled by it; both by the allegation that Australian agencies were engaged in spying in East Timor in the commercial interests of a large corporation - that's a very serious allegation and I certainly want to hear more about that," he said.
"The recent raids and the suggestion that they might be about making sure that the previous evidence doesn't come out - I think that's very unfortunate."

Scribd: George Brandis ministerial statement on ASIO raids