Friday, 19 December 2014

Arthur Sinodinos

Emailed the good senator today :-


Hon Senator Sinodinos

Dear Senator
You are in the processes of exploring the workings of ICAC and are probably the most experienced person to talk to about crimes by politicians, not that you have done any, but you have first hand knowledge of the process of finding out about crimes by MPs.

How should someone approach an MP who has lied to the AEC about their nationality and signed 8 false declarations to get into parliament? It is well beyond a simple mistake, it is a concerted effort to defraud the Australian people.  It is no longer a mere electoral problem, fraud is a very serious crime and many MPs are actively helping cover up this persons frauds.

Should MPs act within the law or are they a law unto themselves?  Should MPs call for this person to resign and face the courts or doesn't it matter for members of parliament?

The MP was born overseas and got Australian citizenship in the 80's.  His parliamentary office has confirmed he hasn't renounced his foreign citizenship.

I do hope you can provide some advice

Yours

Tony Magrathea

Will be interesting to see if I get a reply.





If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.


Monday, 15 December 2014

Letter to Special Minister of State

Senator Ronaldson is the Special Minister of State with responsibility for the AEC.  I have written to him today asking he change the rules for the AEC and allow them to investigate and ask for proof of renunciation of dual nationalities.  Here it is:-

Dear Senator
As special minister of State part of your responsibilities are the rules relating to the AEC.
I am writing to ask you to change the rules regarding dual nationality.  As it stands at the moment the AEC have no authority to ask candidates about their nationality.This must change, the example below will explain why. The AEC must be able to query all candidates about their eligibility under section 44 of the Constitution.


At the moment the Prime Minster is in parliament illegally. He is a dual national, an FOI request to his department has shown the renunciation papers for his British nationality do not exist. He is still a dual national. The AEC have advised that they are precluded from asking or investigating dual nationality because of rules set down by your office.

The FOI is https://drive.google.com/file/d/0B42C_wWg31otWnE4Z0dtVEZpYzA/view?pli=1

Mr Abbott is currently being investigated by the Australian Federal Police for signing 8 false declarations and may be charged with fraud once their investigations have finished.  A copy of the investigatin request is http://tonymagrathea.blogspot.com.au/2014/11/a-copy-of-report-to-afp-141114.html
Mr Abbotts office refuses to reply to any questions from me or others about this.

Senator Macdonalds office advised that all MPs in the liberal party know he is a dual national but they did not think that was illegal.

People,voters,citizens of Australia are querying their own local members and members of the cabinet about Mr Abbotts dual nationality and when no response is received those people are asking their local state police to investigate the MPs for breaches of their state Crimes Acts. Most state crimes acts are not jurisdiction specific when it comes to people failing to report a crime or an alleged crime.

Senator Brandis, Ms B.Bishop,Mr Brough and Mr Dutton have been reported to Queensland police to see if they are in contravention of the Qld Crimes Act.
Similarly Mr Baird the Premier of NSW is being investigated by the NSW Police.  I also believe the NSW ICAC is examining to see if Mr Baird is in contravention of the corruption laws by hiding the alleged crime.
I am told Ms Credlin is being investigated by ACT police for contravention of their Crimes Act in failing to advise of a possible crime of fraud being committed by her employer.

I don't know how many other MPs and ministers have been asked to be investigated by state police forces, not everyone is telling me when they report on crime stoppers.

All of this police investigation of members of your party because on idiot decided he didn't need to follow the law and the Electoral Commission didn't have the authority to question him.  It could be that every member of the ministry is being investigated by the police forces of Australia because one man feels he is above the law.

Will you change the AEC rules to allow them to query nationality and to ask for copies of renunciation papers from candidates?

I do hope you see the sense in a simple change to the AEC rules.

I do hope that not everyone in cabinet has to go before the courts for hiding a crime and perverting the course of justice. And any minster investigated may face the possibility of the extra charge of gaining financially from withholding information from the police, their promotion to the ministry would be proof enough of getting a financial advantage.

I look forward to your early response as this matter needs resolved very quickly or we wont have a government left in this country.

Tony Magrathea



If you want to keep me out of poverty please think about sending a penny or two.  I am one of those pov-liners who wont be able to afford the new $5 GP tax, nor the beer & coffee all of these politicians say is easily affordable. 



Sunday, 14 December 2014

The AEC is hamstrung and hogtied






The Australian Electoral Commission has no power to question a candidates nationality.  Mr Heerey QC has replied to my queries.

It has no power to determine if a fraud has occurred should a candidate lie about meeting the conditions set down in the constitution and set down in the AECs own declarations everyone must sign whne running for parliament.

The only way the AEC can reject a nomination is if  sections 166,167,170 or 171 have not been complied with.
Austlii has the act here and the parts basically refer to the nomination being on time,on the right form or copy of it,signed in the right way, basically simple housekeeping and box ticking rules.

I have asked the Special Minister of State to change the rules he is responsible for to allow the AEC to query citizenship so that the Kelly,Abetz and Abbott fiasco and criminality are never allowed to ahppen again.

To me it seems ridiculous, probably shameful for the country to allow a fraud to nominate for parliament and the commission responsible for the elections can not question a frauds nomination.  They have to believe someone entering politics is telling the truth, which in my cynical mind is something that rarely if ever happens.



If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.


Thursday, 11 December 2014

Asking about Abbott's dual nationality

I am writing to all Premiers and Chief Ministers to ask that they approach their police and justice ministers  because of what may be a serious problem regarding failure to advise your police and justice departments of an alleged crime.

The crime is Mr Abbott, our PM, signing 8 false declarations, one at each election he has stood in.  Mr Abbott was born in England to a British father which gave him automatic British citizenship. In 1981 he applied for and got Australian citizenship, this made him a dual national.
Mr Abbott ran for parliament in 1994 and at each subsequent election.

In October 2014 his Department of Prime Minister and Cabinet confirmed in an FOI request that his renunciation papers for the British citizenship do not exist. A copy of the FOI report is here.

In December 2014 Senator Macdonalds office told me that all LNP members know Mr Abbott is a dual national but they didn't think that was illegal.

Section 44 of our constitution precludes dual nationals form running for federal parliament.  Here
The Australian Electoral Commission requires all candidates to sign a declaration stating that they comply with the constitution in particular S44.  Mr Abbott has obviously signed false declarations which may be construed as fraud. Eight times.

As all LNP members of parliament know Mr Abbott is a dual national they are all conspiring to hide the crime and pervert the course of justice  Most state crimes acts require people to advise the police if they know of a crime or suspect a crime has been committed.  Every member of the LNP in parliament in Canberra has hidden this crime or possible crime for you and it could be said those who get money or being in parliament are hiding the crime for profit.

I do hope you will see it as right and proper to investigate every LNP member of Federal Parliament.

Yours

Tony Magrathea



If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.




Tuesday, 9 December 2014

Letters from AFP and AEC & a letter to Senator Ronaldson


 This letter is from the AFP and seems to have crossed with the updated data I sent to them on 14 November 2014, the Jan Olson FOI report. I have resent that letter to the national manager and queried why the AFP can't investigate fraud just because the AEC cant investigate nationality. The AFP can ask about nationality to determine if fraud has been committed.  The AEC rules regarding nationality questions need to be changed immediately.



I replied to this letter asking them not to bother with the personal details, all I really need are the details of what is being sworn to on the declaration and Mr Abbotts signature and the name of any other person who may have handed in a group of candidate application forms to see who else may be implicated in the fraud.

I Also asked them to resend the letter from Mr Heerey QC, the legal office at AEC claim he has responded to me but I have not had a letter or email from him.



Senator Ronaldson is the Special Minister of State with responsibility for the AEC.  I have written to him today asking he change the rules for the AEC and allow them to investigate and ask for proof of renunciation of dual nationalities.  Here it is:-

Dear Senator
As special minister of State part of your responsibilities are the rules relating to the AEC.
I am writing to ask you to change the rules regarding dual nationality.  As it stands at the moment the AEC have no authority to ask candidates about their nationality.This must change, the example below will explain why. The AEC must be able to query all candidates about their eligibility under section 44 of the Constitution.


At the moment the Prime Minster is in parliament illegally. He is a dual national, an FOI request to his department has shown the renunciation papers fro his British nationality do not exist. He is still a dual national. The AEC have advised that they are precluded from asking or investigating dual nationality because of rules set down by your office.

The FOI is https://drive.google.com/file/d/0B42C_wWg31otWnE4Z0dtVEZpYzA/view?pli=1

Mr Abbott is currently being investigated by the Australian Federal Police for signing 8 false declarations and may be charged with fraud once their investigations have finished.  A copy of the investigatin request is http://tonymagrathea.blogspot.com.au/2014/11/a-copy-of-report-to-afp-141114.html
Mr Abbotts office refuses to reply to any questions from me or others about this.

Senator Macdonalds office advised that all MPs in the liberal party know he is a dual national but they did not think that was illegal.

People,voters,citizens of Australia are querying their own local members and members of the cabinet about Mr Abbotts dual nationality and when no response is received those people are asking their local state police to investigate the MPs for breaches of their state Crimes Acts. Most state crimes acts are not jurisdiction specific when it comes to people failing to report a crime or an alleged crime.

Senator Brandis, Ms B.Bishop,Mr Brough and Mr Dutton have been reported to Queensland police to see if they are in contravention of the Qld Crimes Act.
Similarly Mr Baird the Premier of NSW is being investigated by the NSW Police.  I also believe the NSW ICAC is examining to see if Mr Baird is in contravention of the corruption laws by hiding the alleged crime.
I am told Ms Credlin is being investigated by ACT police for contravention of their Crimes Act in failing to advise of a possible crime of fraud being committed by her employer.

I don't know how many other MPs and ministers have been asked to be investigated by state police forces, not everyone is telling me when they report on crime stoppers.

All of this police investigation of members of your party because on idiot decided he didn't need to follow the law and the Electoral Commission didn't have the authority to question him.  It could be that every member of the ministry is being investigated by the police forces of Australia because one man feels he is above the law.

Will you change the AEC rules to allow them to query nationality and to ask for copies of renunciation papers from candidates?

I do hope you see the sense in a simple change to the AEC rules.

I do hope that not everyone in cabinet has to go before the courts for hiding a crime and perverting the course of justice. And any minster investigated may face the possibility of the extra charge of gaining financially from withholding information from the police, their promotion to the ministry would be proof enough of getting a financial advantage.

I look forward to your early response as this matter needs resolved very quickly or we wont have a government left in this country.

tony magrathea



If you want to keep me out of poverty please think about sending a penny or two.  I am one of those pov-liners who wont be able to afford the new $5 GP tax, nor the beer & coffee all of these politicians say is easily affordable. 



Monday, 1 December 2014

The constitution and economic chaos

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.




A rough reading of the constitution basically says  all laws are put to the Governor by the Executive for his signature.

My argument is that Mr Abbott is a dual national and has signed 8 false declarations to enter parliaments.  Jan's  FOI shows he has not renounced his British citizenship, the documents do not exist.

As he has signed false declarations to get into parliament that is fraud a criminal matter.  He should not be in parliament.  He has been a part of Executives in the Howard government and in the past 14 months or so and has passed many laws and decrees and decisions up to the Governor to sign.  Each one of those has been passed to the Governor by an Executive branch of government made up of people including someone who should not be there, someone who was there illegally, fraudulently. The executive decisions and laws are made invalid because a criminal fraud has been amongst the people who passed them to be signed by the Governor.  All tax cuts, tax increases, knighthoods, promotions, postings, decrees, decisions are invalid.

The parts of the constitution dealing with the executive are here or here

My bush lawyer skills are just that, a bush lawyer. Someone who can read, understand English pretty well and knows how to google.  Legally I wouldnt have a leg to stand on in a court, but it seems that Mr Abbott can't risk a gag order because that would allow me to call the documents in a corut of law and prove they don't exist and then show I am entitled to say what I want because ht has indeed signed false declarations to get into parliament.

Of course my bush lawyer skills might do massive poos on me from a great height, but if I don't ask it seems no one else will.

As an extra to this, the legal officer of the AEC has said that Mr Heerey QC, the Commissioner of the Australian Electoral Commission, has the matter before him at the moment and will make a decision soon as to the false declarations made by Mr Abbott.  But I have little confidence, the AEC has relied on their woos ideals that they can't investigate someones citizenship.  Makes them rather pointless in securing eligible candidates for parliament.  And the legal officer of the AEC assures me he is not a member of the liberal party.

The main blog is here


This is interesting. Definitely need legal help with it.  Anyone want to come in and do it do it doit?

Ok, I am but a humble law student. I am by no means qualified to advise or comment on law or legal avenues of constitutional or electoral or criminal matters.. However, I might draw your attention to the following, where it seems to me you are being misled and distracted...
a) In order to successfully bring Abbott to account for these allegations the following must be obtained (or reasonably attempted and evidence of knowing/ willful obstruction or maladministration obtained): Mr Abbotts false declarations. Mr Abbott or any other statements confirming such fraud or ineligibility. Any other conflict of interest/ aiding or abetting for conflict of interest by other parties involved. b) refusals of minister/department officials to conduct their duties accordingly.
If this is obtained, then the following paths could be taken as an eligible plaintiff sui juris:
a)An application directly to the High Court (Court of Disputed Returns) regarding the parliamentarian/minister eligibility and allegation of fraudulent/ deceitful application.
b) An Application to the Federal Court regarding allegations of electoral fraud.
c) an application to the Administrative Appeals Tribunal regarding the refusals/ silences/ incorrect responses/ personnel handling regarding your enquiries.
d) a direct demand to the Queen/ Gov Gen (accompanied by a petition of the Australian Voting Public) to suspend the Cabinet and the PM pending investigation/ by-election.
As for sue v hill, upon my brief review of the relative case line I must correct comments in the responses you have received. The Electoral Commission has inho misinterpreted this as the case identified that the eligibility for dual citizenship was NOT a disqualifier, and neither was previous foreign allegiance, however it reconfirmed that OUTSTANDING allegiances are, and declarations made which reflect information that would contradict such facts of allegiance would be an issue, however, dual citizenship must not be confirmed by the HOME OFFICE to be valid, but MR Abbott must have made all active an reasonable attempts to validly and publicly renounce any foreign allegiance PRIOR to completing the required declaration and being accepted by AEC as candidate (in each successive case- but one renunciation might do for all future applications, unless foreign allegiance was re-attempted or readopted by implication/action/ or application by the candidate after renunciation made)
Further to this, any acceptance by AEC of Abbots application, where reasonably should have been aware of foreign allegiance may be an issue that could be raised with an ICAC under a mal-administration if he was not an incumbent perhaps??
Mr Brandis might have issue with this.. He can’t look into it! He would definitely be up for an accessory to the crimes of fraud, as he well knew! He was Abbott’s oxford buddy and colleague! AND where were he and his parent’s allegiances? By my reading of constitution s.44 it requires a renunciation of all foreign allegiances, obedience of such, or acknowledgment of such... wouldn’t that include his pro-Britain speeches/ oath of allegiance to the Queen (not Australia) recently if he hadn’t completed his RN?
Finally, why are others such as labour etc. silent? Julia was (welsh) Dual eligible too, and so was half the parliamentarians I would guess.. And you don’t have to be confirmed holder of dual.. you just have to have a conflict of interest and then not renounce (or fail to acknowledge/refuse option of dual) to be in breach...
See, is it a little clearer??
Wish I had the cash to go to HCA!
Kind Regards,
Interested Voter.
...

Wednesday, 26 November 2014

Still a birther

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.




It is rather Monty Pythonesque to still be called a birther.  I am starting to understand how scientists feel when someone pulls out the denier routine. Its still snowing so how is the climate warming?

I thought I had made the facts as simple as possible in the report a crime bit I sent off to the AFP.  I deliberately wrote it at the Daily Telegraph readership level, one syllable maybe one and a half at a push.

This is what has happened.  Tony Abbott was born in England to a pommie dad, he got automatic pommie nationality.  When he was about 23 he got a Rhodes Scholarship and had to apply for Aussie citizenship to get the Rhodes dollars.

For two decades he had believed the family fairy story that he got Australian citizenship by descent from his Aussie mother.  It doesn't quite work like that.  Forms needed filled in and fees paid which is what he did in 1981.  Strange, when I was first looking into this the once public file of his Australian citizenship application which was available in the National Archives of Australia, it became secret while I was reading it.

Right until the file went secret he was proclaiming he was Aussie by descent.  He did apply for citizenship because his mum was born here and he got citizenship.  I think the fact his mum had to renounce her Aussie citizenship to get the ten pound pom boat trip, the assisted migrant passage clouded the application a bit.  Is she still a pom? I haven't found an application in the NAA to restore her Aussie citizenship so she probably is still a pom or the boat trip was an illegal boat trip.

And then we jump to March 1994 when he signed statutory declarations for the Australian Electoral Commission stating he complied with all their rules including S44 of our constitution which says though shalt have only one nationality.  Fine and dandy all goes well through the next 7 election phases until by a fluke Jan Olson gets an FOI application into the Department of Prime Minister and Cabinet.   My FOI application was refused before I even lodged it by Peta Credlin his infamous puppeteer.  I asked the Public Service Commission to check if she could actually do the work of a public servant and while that investigation was going on Jan put her FOI request in and it was processed by a real live public servant.  Her FOI request says that the documentation, the renunciation paperwork, does not exist. Three pretty simple English words, their meaning isn't really open to interpretation. There are two options to the FOI clerk, say the document is in the agency or minister possession and it can not be found, or it does not exist.

It doesn't exist. It is not there.  It is a none document. It isn't on this mortal plain.  Told you I would get Pythonesque. 

So there we have it.  Mr Abbott was born a pom, became a dual national in 1981 and hasn't bothered to get rid of his British citizenship.  Mr Abbott has Bachelor of Laws from University of Sydney.  From talking to people who have done similar degrees our constitution is discussed and taught pretty fully.  he knows the requirements and has no excuse for not getting rid of his British citizenship.  Even his inane family fairy stories of citizenship by descent don't hide the fact he is a dual national.  To get rid of British nationality you need to fill in a form called the Form RN and pay a fee to the Home Office in London.

Still a birther?  I call flat earth, I call climate denier, I call diving in the penalty box. You really have no idea about life and living.  Your closed mind is a hindrance to your intelligence.  The facts are there, factoids surround you and still you think birther?  Explain.  What the is there that is birther? Birther is a fantasy in the USA where President Obama was supposed to have been born in Kenya when he was in fact born in Hawaii.

I know where Abbot was born.  I know when he got Australian citizenship.  I know when he signed the 8 declarations for the AEC to get entry to parliament.  I have seen the FOI so I know his renunciation papers do not exist. 

Not a birther, Abbott is a criminal.



Monday, 24 November 2014

not reporting alleged crimes

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.


I have been forwarding detail of Tony Abbott being a dual national and signing 8 false declarations for the AEC to many politicians across the country.  The allegations of the crimes,because they are only allegations until a court proves them, must be forwarded to the state police under many of the various state Crimes Acts.  If a politician refuses to forward the allegations he or she may become guilty of breaking sections of their state Crimes Act.

I will pull out the details of Queensland because that's where I live, and senator George Brandis and my MP Mal Brough.

The Queensland Crimes Act says .  Thanks austlii

CRIMINAL CODE 1899 - SECT 132

132 Conspiring to defeat justice (1) Any person who conspires with another to obstruct, prevent, pervert, or defeat, the course of justice is guilty of a crime, and is liable to imprisonment for 7 years.
(2) The offender can not be arrested without warrant.
(3) A prosecution for an offence defined in this section shall not be instituted without the consent of the Attorney-General.

CRIMINAL CODE 1899 - SECT 133

133 Compounding an indictable offence (1) Any person who asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person, upon any agreement or understanding that the person will compound or conceal an indictable offence, or will abstain from, discontinue, or delay, a prosecution for an indictable offence, or will withhold any evidence thereof, is guilty of an indictable offence.
(2) If the indictable offence is such that a person convicted of it is liable to be sentenced to imprisonment for life, the offender is guilty of a crime, and is liable to imprisonment for 7 years.
(3) In any other case the offender is guilty of a misdemeanour, and is liable to imprisonment for 3 years.
(4) The offender can not be arrested without warrant.
(5) Subsection (1) does not apply to an act done for the purpose of the following—
(a) negotiations in accordance with established legal practice between a lawyer representing the alleged offender and the prosecution to achieve a just outcome in relation to the proceedings for the offence;
(b) mediation in good faith between the alleged offender and a victim of the offence or anyone acting in the interests of the victim in relation to an apology, compensation or restitution;
(c) dispute resolution relating to the alleged offence;
(d) discussions in good faith between the alleged offender and police officers calculated to ameliorate the conduct of the offender relevant to the alleged offence.

 132(1) would seem to apply. Yes I know, Bush Lawyer 101.  Conspiring to obstruct,prevent or pervert the course of justice
 133 (1) is a political alliance an attempt to receive a benefit of any kind? Brough and Brandis are in the same party, Brandis got the job of Attorney General because of Tony Abbott.  Brough got pre-selection because of Abbott.  Is withholding any evidence form the police enough to put this into the courts?  is Brough and Brandis refusing to pass on details of an alleged offence enough to bring this part of the Crimes Act into play?

The Act defines an offence as

CRIMINAL CODE 1899 - SECT 2

2 Definition of offence An act or omission which renders the person doing the act or making the omission liable to punishment is called an offence.

So isnt limited to any jurisdiction.

I believe other states have similar crimes act provisions.  If you are legally knowledgeable and want to comment please do at the end of the blog.


I have advised many politicians about the alleged crimes done by Abbott. 

Senator Brandis as AG
Mr Brough as my local MP
Speaker Bishop as most important person in the House of Representatives
Mr Truss as Deputy Prime Minister
Mr Baird as friend, manly bloke and Premier of NSW the ICAC state
Senator Cameron, his office gave me the news that the ALP have changed their policy towards crimes and which brings every ALP member into the realms of what I am talking about. Criminal by refusing to pass on information about alleged crimes done by the Prime Minister.

All of the above have been referred to their state police to see if they are in breach of their various crimes acts.

If you tell any politician about the FOI or my blog or the report to the AFP please be sure to advise them that failure to advise their local police of the alleged crimes done by our Prime Minister Tony Abbott could put them in danger of prosecution under their own state Crimes Acts.

And if you do tell them that,don't just bullshit and threaten. Make sure you advise your local police of the information you gave to your local MP.

Crimestoppers is probably the best way, a receipt page is always produced and keep a screen cap of the reference number for later checking by you or investigative reporters or senate committees.











Sunday, 23 November 2014

A think on demcoracy

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.







Democracy in Australia needs a rethink.
The problems or not problems evident in Tony Abbott’s missing form RN, the renunciation of his British citizenship, means the parliament must have an audit of citizenship.  If the Prime Minister can be doubted then why believe anyone else?
All politicians born overseas must provide proof they have renounced their foreign citizenships and anyone found not to have followed the rules and our constitution should be removed from parliament and banned from running for office ever again.  Then the cops should be brought in to prosecute for whatever crimes have been committed and all monies paid to that person be recovered and they lose all rights to superannuation.

After all that is done we must look at the actual system of democracy. In 2013 the senate threw up quite a few different senators and I like that. There is no way I agree with half of the new senators politics but that’s what the system is all about.  I would like to see peoples representatives put into the senate annually.  Just 20 a year and they serve for only one year.  Three from each state and one from each territory, all chosen by lot from the electoral roll.  The selection would happen on the last day of parliamentary sittings in the calendar year and they begin their job as a senator of and for the people on the first sitting day.

The would have all the rights and privileges of any other senator except the length of time they are required to serve.  This will give the senate a new look where it actually has people and not political parties as the centre of attention.  You might get rapists and robbers in the job but you will also get great thinking individuals who have never had the chance to shine.

Further thought should be given to proper proportional representation so that if a party gets 32% of the vote they get 32% of the seats.  This is awkward for individuals who are outside the party system and that’s where better knowledge than I have should be brought to play. 

In NSW the elephant murderer Robert Borsak has brought a bill into the NSW parliament allowing property owners and businesses two or more votes in the election of Sydney’s mayor.  To me that is disgraceful.

Wednesday, 19 November 2014

The ALP policy towards criminal fraud

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.

I just rang Senator Doug Camerons office to talk about why he and others refuse to ask Abbott about his dual citizenship.  I spoke to his assistant Tom and this is the gist of what was said.

The labour party is only interested in the policies put forward by the LNP and policies being put forward by the ALP with regard to the ALP winning the next election.

The party is not interested in the irrelevance of where someone was born. According to Tom the ALP  consider the matter the same as the Obama birther issue and do not want to get bogged down in where a person was born.

The words that stuck out for me were Irrelevance of crimes  & Irrelevance of fraud.

For the ALP crimes are an irrelevance. What hope has Australia got when the opposition considers the crimes of fraud an irrelevance.

The crimes may be considered an irrelevance by the labour party, but please check your various state crimes acts.  Some states consider it a very serious crime to refuse to pass on information given by voters with regard to a possible crime.

Bloody coppers think it is their job to determine what is and isn't a crime, not the politicians.  You as a politician do not run confessionals.  Please let the police do their job, if you get told of a crime or a possible crime,let them know.  There are more than enough of you parading through ICACs across the country without anymore of you joining the criminal ranks.  Surprisingly coppers are pretty well trained, know the law better than most and can decide for themselves what is irrelevant and what isn't. 

If I am a birther, or a nutter or a gonzo doodah band player, or god help Australia RIGHT,  a potential crime should still be reported to the police. It shouldn't be up to politicians to play judge and jury for anyone.

Monday, 17 November 2014

Its a good plan, honest

It seems as though the Murdoch media,fairfax and all of the TV channels have abandoned Abbott and joined labour.

Labours polls have skyrocketed.  Trust me but you will have to google if you want to see for yourself. I cant link to Murdoch press because I refuse to pay money to the company that hacked a dead school girls phone for profit and all of their stories are behind a paywall.

Labour has jumped well ahead to an almost unbeatable lead. I guess this is why Labour MPs refuse to mention the Abbott crimes, but it is strange that Rupert Murdoch has approved all of his papers backing a labour plan to keep Abbott in the top job.  Fairfax media are doing what they do so well, not rocking the boat, never daring to ask impertinent questions.

So there you have it.  Massive U turn by Rupert Murdoch to back labour and keep Abbott as Prime Minister and therebye ensuring Labour win the next election.

I don't like it, a criminal is still a criminal.  But I am not a politician or media mogul and it must make sense to someone to have a criminal as PM so that the labour party guarantee winning the next election.

Thursday, 13 November 2014

A copy of the report to the AFP 14/11/14

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.

This report of crime complies with your requirements of proof being made available, and nothing to confuse officers about other events that are not considered Commonwealth crimes of fraud. This report is purely about the crime of fraud, nothing else.  I have been advised by friends in the AFP that previous communications have been blocked by people known to be members of the liberal party.  This is to make things simple and to keep the matter just about fraud and nothing else and to keep it away from party members trying to protect one of their own from an investigation.  I do not know who the party members are and I will not disclose my AFP source as I am writing the results of this investigation as part of a media piece for Independent Australia Media and my source wanted to remain anonymous.  

Anthony John Abbott was born in the UK to a British father,getting automatic British citizenship. In 1981 Mr Abbott matriculated to Oxford University as a British citizen, in 1981 Mr Abbott became a dual national by getting Australian citizenship.

In 2014 an FOI request to Mr Abbott Department of Prime Minister and Cabinet requesting a copy of the paperwork used to renounce his British citizenship was returned stating the documentation does not exist.  This FOI was signed by Mr McMahon, Assistant Secretary in the Department of Prime Minister and Cabinet.

Because the renunciation papers do not exist, Mr Abbott remains a dual national

At elections in 1994,1996, 1998,2001,2004, 2007,2010 and 2013 Mr Abbott signed a statutory declaration for the Australian Electoral Commission stating he complied with amongst other things S 44 of the Australian Constitution which precludes dual nationals from standing for parliament.

The AEC can not ask candidates to prove their citizenship at the time of candidacy, they have to rely on them telling the truth and the police convicting when fraud occurs. The police can ask candidates to prove they have complied with the constitution as part of their investigations into fraud.  The evidence above, of Mr Abbott being born British, still being British in 1981 and getting Australian citizenship in 1981 together with the FOI proving he has not renounced his British citizenship takes the matter into one of fraud.

Public documents show all of the information you will need, a copy of the FOI - https://drive.google.com/file/d/0B42C_wWg31otWnE4Z0dtVEZpYzA/view.  Mr Abbotts British birth and citizenship is available in several places, books he has written and on his Australian citizenship papers which are now a secret document in the National Archives of Australia, but which are available for you for the asking. 

A blog created online detailing just the pictures and links is here http://tonymagrathea.blogspot.com.au/2014/11/a-blog-with-just-pictures-for-afp.html

A blog with just the pictures for AFP investigations

Mr Abbotts Wiki detailing date of birth and British father.  Here

The file cover for the Australian citizenship application.  Here 

Assisted passage which shows his mother to be British now,no longer Australian.  Here  

The email from Oxford University showing he matriculated there in 1981 as a British citizen. Here

The FOI request showing renunciation papers do not exist. Here  

Without the renunciation papers Mr Abbott is still a British citizen and a dual national. British law requires a form RN be filled in and the relevant fee paid.  A copy of the UK paper work and information about renouncing citizenship is here.

Sunday, 9 November 2014

Grass Roots

I post a lot on farcebook and one of the places I like posting and gossiping is Grass Roots .  They asked me to write a piece for the next magazine, this is what I wrote. Minus the pictures.  I will add them later.
Sandie and I fell in love about ten years ago and moved in together into a small house with a little bit of a garden.  The grass grew well and nothing else seemed to so after a little bit of research in Grass Roots and a little bit of Bill Mollison we decided to see if we could grow anything.
The first thing to do was improve the soil.  A sharp shovel and a heavy foot wasn’t enough to get below the level of the green stuff on top and a rotary hoe would fit down the tiny path beside our home.  So the sugar cane bales came in.  Two at first just rolled out thickly on top of the grass and let to sit until the waiting got too much for us.  The sugar cane was opened up a bit and some potting mix put in the hole and a seedling.  It didn’t matter what sort of seedling we put everything in to see what would grow and what was good for us.  We found out a lot of what is written in gardening book sis bull.  Rhubarb leaves aren’t poisonous to the grass hoppers we have up here, they munched through the lot of it.  I think chooks were brought in to sort out the grasshoppers and to dig over the sugar cane and poo everywhere.  This made a wonderful soil which went form being undiggable to a rich dark brown stuff you could dig with your hands.
The chooks got penned and fenced off and serious planting started.  Nectarine and lemon went in first and are wonderful providers. For 8 years they have been giving us fruit in exchange ofr a bit of chook poo and water.   Last year’s crop of lemons was enough lemons to make cordial for a full 12 months for us and the grandkids.  The nectarines gave us fresh fruit from July until October and a few good jars of jam to put in the cupboards.
We experiment with food plants and trees and have quite a few now in our garden.   There’s a list at the end of this of what we have growing.
Fruit fly is a big problem and netting the trees with soft fruit and the tomatoes is essential to get any sort of crop.  It gives our garden a ghostly feel on a moonlit night but well worth the effort for the fruit we get.  At the moment the winter crop of tomatoes are under cover to give them a good start.
The garden bed is a prize won by our daughter Krystale.  She didn’t think she would ever need it but is now kicking herself for giving it away.  The grandkids have been gardeners since they were in nappies, planting seeds of any fruit they eat, helping nana and pop with the seedlings and seeds we plant and of course picking stuff for tea or just for an afternoon snack.  It is amazing how easy it is to get kids to eat vegetables when they have helped grow them.  And more so when they can help out with making cordial or babaganoush or picking a plate of salad.
We don’t have many proper garden beds, there isn’t that much room with all of the trees so we grow a lot in pots and broccoli boxes wherever we can fit them.  Most are outside the kitchen door so it is simplicity itself to get something to add to tea or to give a meal a bit of extra zing.
This group of pots and boxes has spring onions, basil, a curry plant, lettuce, a bulb which is now out in the garden, geraniums, leeks, oregano, marjoram, thyme.  The basil gets picked by the bucket load to make a delicious addition to just about any sort of meal.  We chop the basil finely and add a few chopped tomatoes or a tin if there is none ripe, some sugar and some cider vinegar. Delicious with steak or chicken or fish or just on buttery toast.  The lettuce we pick a few leaves at a time which can end up looking a bit strange, three or four lettuces in a pot all half a metre tall.  Long canes with a few leaves on top but the best way to get the most out of a garden.
With choosing to plant the way we do the failures can be spectacular.  The two worst were lemon grass and cardamom.  The lemon grass ended up being a patch about 2 square metres and over 4 metres tall and worst of all Sandie ended up being allergic to it.  The cardamom was named cardamom in the pot and sold as such by the nursery but ended up being a poisonous type of ginger that took two years and an old cow rug to get rid of.  We couldn’t dig it out and even pouring boiling water on the roots wasn’t enough to get it to die.  So the calf rug was put over the top of it to kill off any shoots and roots.   It is so lucky the internet exists and we both know to check when things don’t look right.  The cardamom just didn’t have the right sort of flowers so the first alarm bells were rung.  If we had tried to cook with the seed pods I guess we would both be dead right about now.  By the time we found out the plant was poisonous the nursery had closed and we had no idea which wholesale nursery was trying to poison the people with dodgy cardamom.
Behind us there used to be 40 or 50 huge mature trees which was wonderful for us, for the possums, for the owls and the bush turkey and all of the pythons and lizards.  Once we had 2 houses and all of those trees behind us, now we have 5 houses, 3 swimming pools and no trees.  The possums now use the grandpas feeder in the chook pen as their own feed tray, the owls have gone, the turkey too and the pythons all left except for the one that ate three budgies and got stuck in the cage.  And the ants.  All of those trees had their own ecosystems of ants, aphids, scale insects and the predators that kept all under control.  All there is now is the ants and the aphids and scale insects which are a real problem when you try to grow food because what we eat the scale insects enjoy and the ants make sure the scale insects are getting more than their fair share.  I relented and tried chemicals as a last resort but they just don’t work. That highly advertised spray system by a popular fly spray brand is hopeless. The only thing that has worked is olive oil, dish washing liquid and water sprayed on the ants and nests whenever they are spotted.  Sandie hates me using extra virgin olive oil on ants, but it’s there and me being a man I use it.  Old logs used as good looking borders around the trees are slowly going because they are where the ants are nesting.  Two dozen ant nests gone in the last two weeks and more to go soon. The fight is on.
We have pumpkins growing more or less wild, there are Jap, Queensland blue and grammar pumpkin.  We grow loofa over a small arbour and chokos on the back fence.  There are passionfruit at the front gate, along the back fence and as a wonderful shade patch for the chooks.  One passionfruit doesn’t set fruit because of the amount of scale and the ants caring for the scale.  I can’t find that nest but when I do we might actually get passionfruit from that one too.
And this is what we have growing:-
We have 260 square metres of dirt in the garden. On that is a chook run, the pomello, monsteria, some avocado seedlings, lychee, loquat, longan, carambola, calamondin, jabacotiba, grumichama, native mangosteen, bananas (2 varieties), olive, jak fruit, mandarin, orange, blood orange, lemon, buddhas hand citrus, peanut butter fruit, fig, coffe, manogsteen, sour sop, yellow guava, mulberry, dwarf mulberry, malabar chestnut, kafir lime, nectarine, wampi and last and newest the theobroma cacao – trying that to see if I am a gardener or not far too tropical for dicky beach but worth a go not all are fruiting yet and some are proving very hard to convince to fruit – I can get the lychee flowering madly but she wont set fruit. Some I am learning about – the native mangosteen has fruit that has not ripened and has been on the tree 14 months. And the surprise? The jabicotaba – took ages to start fruiting and hasn’t stopped – 5 distinct flowering and fruitings since about September 2013.
Published in June July 2014 Grass Roots

Thursday, 6 November 2014

Am I disgusting or is it the country

Yesterday Aspen Medical from Canberra was announced as leading the way for Australians going to west Africa to help fight ebola.

Not long ago I would have yahooed, wahooed, and championed them for leading the way. Yesterday my first thought was how much did they pay in bribes to the liberal party.

Politics or me in the wrong? Am I a disgusting person for daring to think like that or have things got so bad in this country that every right minded person has to question how much was paid in bribes for X to happen.


Sunday, 28 September 2014

Australian Electoral Commission nomination guide.

The AEC puts out a guide for candidates to parliament.

The most important part of it is here


Pretty obvious from that form that the candidate has to be qualified under the constitution. If you sign the form saying you are eligible under the constitution and then you aren't, I believe that becomes fraud.  And when the profits from that fraud are a cushy job, marvellous pension scheme,$3000 a week base pay,$279 a night living away from home allowance, $170 a day meal allowance and the bike ride scam or the Roman holiday scam some politicians get up to.  Massive fraud.


Wednesday, 24 September 2014

Letter to the editor,Sunshine Coast Daily

sent off this morning

Dear editor
it was pleasing to see your anonymous hater isnt anonymous any more. Thank you.

Just a reminder for those with bile in their brains, our racism laws are written so that if you vilify a religion you get prosecuted under the race hate laws.You get convicted as a racist.
The sad racist bogan cry that Islam isnt a race doesnt work when you are in front of the judge.

You want to be a racist? Great.You prerogative. Under our Australian laws even you have a right to free speech, but with that free speech comes the racism conviction. I admire you for risking prison and a large fine for your bigoted,small brained bogan beliefs.  Since the government came to power in 2013 bogans have evolved from ugg boot wearing checked shirts to fully fledged Hansonite racists.

Way to go Australia. Show the world we still love our white Australia policy. I know some looney lefties who,when they find you on the interweb,take joy in sending you your phone number, your address and even a picture of your front door courtesy of Google maps.  All this just for your intolerance, your bigotry,your hatred and your proof you really didnt have much of an education.

The latest line in petty nastiness was the pamphlet sent out this week.  Too bad the bogan racists can't google or they could find out for themselves what Islam is about.What Muslims are about. Me? I am an atheist but I have learnt enough to know the petty racist bogans are only a sharp knife away from the idiots beheading people. And if I get beheaded for saying this, make sure the noggin goes next to Ned Stark.

Monday, 22 September 2014

Mobile phones kill people driving cars.Why? An idea for stopping deaths in cars from mobile phone use

The title is a mouthful but basically tells it all.
I have posted this  on a lot of facebook pages and sent it to a lot of newspapers and politicians around the world. It is on the United Nations, European Union and White House facebook pages.
If you want to send it anywhere else, please do.  And please ask your government to consider the idea to save lives.  The idea is not patented, I am a fool.  I trust the world and I know if the idea does get used it will provide the biggest payment of all.  A life saved.
This is a message to all governments in the world. You have people dying while using mobile phones in their cars, some say it is thousand or more a year, another hundred thousand or more end up in hospitals because of using mobile phones in cars.
It can stop. Mobile communication devices need a simple tweak to have the microphone listen for car engine noises or tyre on road noises and when they are heard, the device turns off. Simple to do ,  and it can be done in a simple upgrade of current systems and all it needs is someone to say yes to the idea.
If your government legislates this idea all I ask is an annual stipend of what ever you think is a fair amount of money for saving lives and freeing up hospital space.
If you are a communication device company and want to use this idea either off your own bat or because of legislation all I ask is 1 cent US money per device per year.
You can send the payments via paypal to tonymagrathea@gmail.com
OK.  People can’t seem to cope with the idea that the microphone on the phone listening for car engine noises or road tyre noises would actually have to be with the phone inside the car. That’s the whole idea of the tweak.  And noises of engines are entirely different inside a car to the noises outside the car, ditto for the road tyre noises.  Try it for yourself.   The phones will be tweaked to recognise engine noise or road tyre noise – from where the phone is – inside a car.  Next time you start up your car listen to the engine when you are sitting in the drivers seat and then get out, close the door (dont lock yourself out) and listen to the engine outside-  entirely different noises.  The biggest cost to doing this is getting the right noise for the microphones to pick up, that will take about 3 weeks of testing in my guesstimate.  The listening for tyre noise on a road is to cater for electric cars, again, when you are out driving turn the engine off and listen to the noise of the tyres on the road.  A rather different noise to the noise of tyres heard from the road side.  Don’t try turning the engine off if you are in an automatic, not sure how that would react to no engine running.
some more thinking about it. Incoming calls and texts would first check to see if car engine noises could be heard and if YES there would be no indication on the phone. Any attempt to call or text would also do the noise check and not allow the handset to turn on if hte car engine could be heard.

I love a racist free country. A plan for the future.

Australia saddens me in the push by all sorts of governments to chase the racist vote.  A decade or so ago we had the misfortune of having Pauline Hanson create her One Nation party. it was basically a party for and by racists and those who chased the white Australian policy.  That was a reprehensible policy where governments in the early part of the 20th century decided we would be better as a nation if we were white and British.  We weren’t better as a nation.
I provided this idea to a lot of politicians and only one responded.  Andrew Leigh was parliamentary secretary to the then Prime Minister Julia Gillard and who is now the opposition shadow minister for something.  He was the PMs secretary when he told me the Labor party could not support the idea because of the segregation of asylum seekers.  Instead his government and the next government use Manus Island an island on the equator in New Guinea for keeping the asylum seekers in what amounts to a concentration camp. The other place asylum seekers are kept is on Nauru a clapped out guano mine the South Pacific.
I live up to my obnoxiousness.
The idea is to establish an Ord to Adelaide canal with possibly a channel to Perth to provide water to those cities and to provide irrigation for the desert between Ord and Adelaide.
Stop imprisoning asylum seekers. Instead of waiting for them to risk the boats, park a jumbo jet at Jakarta airport and when its full fly them here. If they are so resourceful and so desperate to come here, then they are the sort of people this country needs. If you want to segregate them, then put them to work building the Ord to Adelaide canal. A grand scheme to irrigate the desert and provide a new food bowl for the world. Once they’ve had 5 years on the Ord they can either buy a farm and irrigate it or move down south. The scheme can hold 60 million people and feed a billion.  The canal will be more or less self funding, selling the right bank to the massive food corporations to grow food on irrigated land and the left bank to house the people building the scheme and provide farm land for those who have worked for 5 years. It will be covered by solar power cells to stop pollution and evaporation. The power can run everything on the scheme and the excess given to the Australian people.
Up to 50 cities will eventually have to be built all housing up to one million people.  These will be public service centres for hospitals, local government, universities, rail centres etc etc.  The benefit for Australia will be enormous, our deserts will become green fields and will provide homes for millions of desperate people.  And of course they will all pay taxes.
The workers will be paid the going rate of wages for Australian workers.

This plan can be easily tweaked to provide a Burdekin to Burke canal system,where outback Queensland is given a permanent supply of water and where the Condamine, Darling Murray river system can be topped up and supplied with a constant flow.  The Menindee lakes can be filled,Broken Hill will never again run out of water and of course the end beneficiaries will be the people of Adelaide and the Murray-Renmark irrigation areas.

But wait there is more.  The use of people for self funding infrastructure systems could also extend to a coal fields to Darwin rail system. Why continue wrecking the biggest employer,the biggest money earner and the biggest draw card in Queensland? Close the reef ports to heavy shipping and take the coal and minerals by rail to Darwin and ship from there to the markets north and east of us.


If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.


 

Death and taxes

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.

I promised I wouldn't re-edit old posts, but this is my broken promise.  In November Beirut & Paris were hit with some pretty devastating terrorist bombings and shootings.  One or two things stood out for me, the terrorists had pretty much free movement from Syria to Lebanon and France.  Lebanon is difficult to stop because its a walk.  France, one or two terrorists got on a boat to Greece and took buses and trains to northern Europe.  While they are by themselves they need cash for food, public transport, smokes, drinks.

What I have written in the past would stop most of that for a single traveller.  Even with other people paying for their food a system could be in place that each person must buy their own ticket on public transport form their cash card.  In France they could hide by having cash to use for daily necessities.

Everyone has to die sometime.  We get old and forget to breathe and so it goes.
We all work and we all pay taxes.  And what a scam that is.  Taxes for the people began as a way for paying for wars.  The industrialists couldn’t rely on governments to keep the wars going and to keep the dollars rolling in because the governments were going broke, so they convinced governments to get more dollars off the people by bringing in taxes.
And so it continues. Not much in the way of wars, so long as Putin learns to pull his small man syndrome in.  And we still pay taxes.  The latest story in Australia is that the government is broke and needs more money.
Time for the ideas man to think and stink.
I have a suggestion for you about tax reform that is very different to the way we do things at the moment.  My idea would stop any illegal drug trade, stop any black market tradies and tobacco, stop any tax rorts, tax schemes and tax scams.
To do this we need to drop the idea of tax in all its current forms, income tax, company tax, payroll tax, car registration, excise duties and GST.  These will be replaced by a simple bank movements tax.  Any deposit, withdrawal transfer or loan in the banking system will attract a small taxation of about 1.5% maybe 2% of the value of each transaction.  This will cover any tax we currently have and stop any need for tax deductions.
It will also need a change to a cashless society but with everyone having a piece of plastic for their banking there is no real problem in this except the touchy feely want to have money in the wallet.  All traders will have to have a mobile eftpos machine to conduct transactions.  All sales all services and all fees will be recorded electronically.
I mentioned it stopping the drug trade, it will in so much as there will be no more cash and any drug baron would need their approved eftpos machine and anything done on that eftpos machine will be traceable.  This will make any convictions for drug buying and selling so simple to trace that the trade in illegal drugs will stop just about over night.
I know there are a lot of people who oppose this sort of dramatic change but it will mean that wage earners will have all of their wages to spend, prices on just about everything will drop because there will be no GST or petrol or sales taxes.  Wage earners will be able to do overtime for businesses and not be penalised for making money for themselves and their bosses.  The potential for an increse in retail sales is enormous and with the average home no longer hit with stamp duty it would benefit your industry dramatically, it would also get rid of negative gearing and because the whole system, will rely on tracing the movement of money no one can complain.
The rate I mention is based on a study done in the 80′s when Paul Keating was treasurer, I believe the figure guestimated to replace all taxes was about 1.25%, maybe 2% with GST.
An added benefit of this scheme would be the taxing of Apple on products they sell. The scam of getting Apple Ireland to buy products from Apple China and then on sell them to Apple some other country would mean that Apple pays the tax on product it buys and brings into the country and then on the products as they are sold in this country and then on the cash as it is moved off shore to where ever they keep their billions.  Sounds extraordinary but it will be a fair tax compared to their tax dodging schemes that are in place at the moment.
How would the tax be distributed to the states and federal government? Just an idea, not sure if it will work, but it will get people thinking.  whatever taxes are earnt in the states are kept in the states.  Taxes earnt from international movements of money will go to the federal government.  If there are any Treasury officials reading this I would appreciate input on at least this part of the scheme.
Harvard School of Economics is recommending the ideas of dropping cash and a few billionaires have told me this idea is the best way of making the rich pay taxes. They spend more than anyone else because they have more to spend. The billionaires unfortunately want to remain anonymous.

BBC world service have run a few stories on cash and how successful cashless has become in Kenya, the Nordic countries,Belgium .  One radio story from them

Sunday, 21 September 2014

An email to the Attorney General

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.

Hon George Brandis

Dear Senator Brandis

I am writing to you to tell you how pleased I was to see you on the ABC declaring that your most important responsibility was ensuring the integrity of our legal system.
I wrote to you in June about a problem with the integrity of our legal system, of an MP who may have signed fraudulent statutory declarations to get into parliament, it seems it may have slipped your mind because nothing has been done. A copy of that letter was forwarded to Mal Brough my local MP and to Ms Bishop the Speaker of the House of Representatives.  Again the email seem to have slipped their minds because nothing has been done.

This MP was born in the UK and got automatic British citizenship from his British father, he then applied for Australian citizenship in 1981 to meet the requirements of the Rhodes Trust and to get the scholarship dollars to enter Oxford.  He matriculated to Oxford as a British national and I believe was friends of yours at Oxford where you too studied.

I trust the law is above friendships when you are protecting the integrity of our legal system.

Problems started with this MP when his Australian citizenship papers became a secret document at the National Archives in February this year.  Freedom of Information requests to ascertain when the MP renounced his British citizenship were refused by his Chief of Staff Peta Credlin who became the equivalent of a clerk class 6 FOI clerk for this one FOI request.
FOI requests to the Home Office int eh UK met similar very unusual problems in that the request was referred to William Hague, I believe another Oxford colleague of yours and the MP.  Mr Hague was the minister in charge of the Foreign Office and had called in the FOI request at the Home Office when he found out an old friend fro Oxford was the subject of the FOI request.

As a QC you might be intrigued why so many people are trying to cover up when an MP renounced his British citizenship. To normal citizens this indicates severe problems.  Are there severe problems?
Will you ask Mr Abbott to produce his citizenship papers to show he really is in parliament legally and following the laws set down in section 44 of the constitution?  Friendship is nice, but has nothing to do with protecting the integrity of the legal system, which is your job.

I have been called a birther by Mr Watts for daring to question the validity of an MP or for daring to suggest our constitution needs to be upheld.  Even Mr Turnbull has had his hand in the cover up by directing the ABC produce a story for The Drum where the writer says the constitution is an old law and shouldn't be obeyed.

Will you protect the integrity of our constitution and more importantly our parliament by asking Mr Abbott to show his renunciation papers to parliament and the country?  Tens of thousands of people have signed a petition which will be shortly presented to parliament asking for Mr Abbott to do just that.

Below are links to various news reports about the story and to various blogs detailing the paper work and actual legal problems.  I trust in the system we have in Australia, I believe in the integrity of our legal and parliamentary systems as do most Australians. The trust is now in your hands.

Yours sincerely

Tony Magrathea

http://www.9news.com.au/national/2014/09/02/17/35/tony-abbott-may-have-been-ineligible-to-stand-for-election
http://www.sunshinecoastdaily.com.au/news/pms-office-denies-claims-tony-abbott-british-citiz/2374139/
http://www.independentaustralia.net/politics/politics-display/the-strange-and-suspicious-case-of-tony-abbotts-citizenship,6859
http://northcoastvoices.blogspot.fr/2014/03/the-real-reason-anthony-john-tony.html
http://imatthewsblog.com/
http://tonymagrathea.blog.com/2014/06/21/tony-abbott/
http://www.newpolitics.com.au/what-is-tony-abbott-hiding
http://www.independentaustralia.net/politics/politics-display/tiad-of-fudging-on-the-citizenship-issue,6882
http://theaimn.com/time-come-clean-tony/
http://www.independentaustralia.net/politics/politics-display/not-a-birther,6866
And the Guardian sent a knock knock joke writer to make light of the story, they refuse to publish my response to it. http://www.theguardian.com/commentisfree/2014/sep/09/show-us-your-citizenship-why-the-tony-abbott-birthers-want-to-believe
http://www.abc.net.au/news/2014-09-16/wyeth-the-birther-barrier-is-holding-parliament-back/5744556
http://www.theage.com.au/federal-politics/political-news/labor-mp-tim-watts-defends-tony-abbott-against-online-birthers-20140917-10hy1m.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I forwarded this to all foreign born MPs asking if they would table their own renunciation papers and if they would back a call for an audit of nationalities.

Thursday, 18 September 2014

Tony Abbott, dual national or not?

My original blog is copping a denial of service attack which closes it down quite regularly.  My google email account had all emails deleted up to about the 1st of August 2014.They didnt mess around, deleted and cleared the bin.  Its now a bit harder to get into the account and it isnt associated with this blog. I keep them separate so thay I can try and keep my personal emails.

This is a copy.
When I can get access to it.

This first part is taken from a piece in the Independent Australia



Why. Some people are wondering why I have been at Tony Abbott to tell the when of his renunciation of his British citizenship.
Let me make this plain: I am not a birther.
I know where Tony Abbott was born, when he was born and who his parents were. I know when he got his Australian citizenship and why. The missing bit is the when of his renunciation.
I was born in the UK in the same year as the Prime Minister and we both came to Australia as part of the £10 pom programme. In my case, I was an addendum to a sheet of paper in my father’s passport — the sheet of paper showed mum was dad’s wife. We were a little better than the Abbotts, we flew.
In 2013, around the time of the election, I decided to have a look at the other ten pound pom and see his story. And things didn’t quite add up.
There was talk of him getting citizenship by descent, which seemed to wipe out his pommieness. There was talk of him never being British, of him having two Australian parents, or one Aussie, one pom.
So, being the sort of person who needs to know why things aren’t quite sitting right, I looked.

In February 2014, I was looking at his Australian citizenship papers in the National Archive of Australia when they went secret. Disappeared off the screen and out of the NAA online archive. Strange and stranger.
I delved deeper and found out about the Constitution, section 44 which stops dual nationals from being parliamentarians. So off I went to the Department of Prime Minister and Cabinet to see how I go about getting a look at his renunciation papers. I found out these were called the Form RN.
I had never made an FOI request before, so I asked the public servants in the department how you go about it. Peta Credlin contacted me and said if I ever lodged an application for an FOI peek at the Form RN, she would refuse it.
Another why? Why would she say that? Why would the chief of staff of the Australian prime minister suddenly become a clerk class 5 or 6 and do FOI requests?
Me, being who I am, waited until she was off in Washington with the boss before lodging the FOI application. I figured that being a liberal she couldn’t resist the chance of a holiday part paid by the public purse, I bet she would stay away for a holiday. It seems she did and the public servant I was talking to at PM&C was “that close “ to releasing the results of my FOI request.
And then Peta Credlin came home, found my application and refused it.
Similar story in the British Home Office, FOI requests by law have to be done within 3 weeks over there. Mine was held up for about a month as they went to and from the Foreign Office to decide if information could be released.
In the end, they refused to release information about Abbott’s Form RN.
So the form is still being kept hidden. But why?
This has gone beyond a nutter trying to cause trouble, which I never ever set out to do. This is the prime minister of Australia hiding the only form that can prove he is in the job legally.
I wrote to my local MP Mal Brough and sent similar letters to Queensland Senator Attorney-General George Brandis and to the Speaker Bronwyn Bishop. I didn’t rant or call for mass sackings, I asked the three of them to try and get the Prime Minister to sort things out before the G20. We have 19 huge and important governments and the rest of the world watching us in September and it would be rancidly bad for the country if our PM was under a cloud of suspicion for not being in the job legally.

If it turns out Mr Abbott has signed false statutory declarations to enter parliament then, it could be argued, everything he has done in Parliament becomes null and void. That his ministerial and prime ministerial decrees and decisions all go out the window. That the sale of uranium to India be declared null and void. His departmental decrees as minister for health becoming even more dubious?
He has to tell the people when he renounced his British citizenship.
As an aside, from watching the man, from reading about him and reading of his beliefs about citizenship, it appears he seems to think citizenship by descent overturns his British citizenship, but according to the Home Office and the High Commission in Canberra that is just not so. He became a dual national when his mother filled out the application form to make him an Australian citizen in 1981, ironically, so he would be eligible to get a scholarship from the Rhodes Trust to attend Oxford University back in the UK.
They have since changed their rules to make sure no one ever does an Abbott on them again.
Regarding citizenship by descent, Mrs Abbott had to give up her Australian citizenship and become a pom so she could get on the ten pound pom boat trip. Or she did what my mother did, came across as a sheet of paper in her husband’s passport and, if she remained Australian, she and her children can probably be considered illegal boat people.

Now that tickled my funny bone. I am not in any condoning anything to happen to mummy Abbott — shit happens.
But her boy? Show me the form.

The blog that doesnt open, about Abbott

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.



THE LATEST BLOGS IN THE RIGHT HAND SIDE LIST ARE PROBABLY THE BEST TO GO TO FOR UP TO DATE INFORMATION.

 
I have sent the following to the Australian Federal Police report a Commonwealth crime web page, to the Secretary of the Department of Prime Minister and Cabinet and to the Speaker of the House of Representatives for their advice and action.
Anthony John Abbott was born in London on 4/11/57 to a British father.
He used his British citizenship to come to Australia on an assisted passage and again to enter Oxford as a British citizen.
He applied for Australian citizenship in 1981.
He entered parliament in 1994.
The British Home Office have been conducting an FOI request looking for a copy of Mr Abbotts form RN, that is the form used to renounce British citizenship, being granted Australian citizenship does not automatically get rid of the British citizenship he used on at least two occasions for official British business. (assisted passage to leave the country and matriculation to Oxford University).   The Home Office have been looking unsuccessfully for about 6 weeks, their official legal time frame is I believe 20 days.  They have not yet found a form RN for him.
The Department of the Prime Minister and Cabinet in Australia has been looking for his form RN for a similar amount of time.  I believe the search has stopped without finding the form and the FOI application given to Mr Abbotts chief of staff Peta Credlin to delay the process further.
Without a form RN Mr Abbott entered parliament in 1994 illegally.  The Australian constitution section 44 says “  44. Any person who -
(i.) Is under any acknowledgement 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 citizen of a foreign power: “
Dual nationality is considered an acknowledgement of allegiance and entitled to the privileges of citizenship of a foreign power disqualifies people from standing for parliament.
Mr Abbott stood for parliament knowing he still had dual nationality, Australian gained in 1981 and British from birth.  The Australian Electoral Commission advised me Mr Abbott was considered appropriate to run for parliament because he was on the electoral roll and they do not check nationalities of candidates.
Will you please investigate and see if a crime has been committed?
Will you please investigate and dismiss Mr Abbott from parliament and recover all monies paid to him as salaries, superannuation, travel allowance, meal allowances, staff allowances, electorate office expenses, ministerial office expenses.  The Attorney Generals office need to be contacted to see if any ministerial decisions made by Mr Abbott are legal and if not they must be overturned as soon as possible.
There is no FOI proof that Mr Abbott has renounced his British citizenship.  It seems he has stood for parliament on 8 occasions as a dual national, well aware that doing so is in contravention of the constitution.  This goes beyond forgetfulness into the realms of possibly intent to defraud the Commonwealth.
The response from the Home Office.
And the Peta Credlin letter, and here.
Channel 9 News is also covering the story and have started to ask questions, but still no one can find out the WHEN that the British citizenship was renounced.
My local newspaper the Sunshine Coast Daily is also covering the story here.
A petition is up and running to ask Mr Abbott to show his renunciation papers here.  Please sign the petition, the more people we get to sign, the bigger chance we have of getting the Prime Minister to show he is legitimate or not.
For the trolls trying to taker over discussion of this, the blog is written sequentially.  What is at the top happened when I started writing, if there are changes or additions they are shown down lower.  So to the comic loving fat boy from Victoria who has resorted to calling me a birther and a liar, read the blog before you put your fingers into gear.  And being called a birther has been dealt with here. Birther is rather a stupid thing to call someone who actually does have access to the facts and does know who was born when and where.  But facts and blue ties have always been a problem for me, I mention facts to someone wearing a blue tie and the people seem to choke as the tie gets tighter.  The one truism to come out of our current government is that if you see blue ties, prepare for lies.
Some more blogs discussing the lack of a date are:  Channel 9, the Sunshine Coast Daily and all of the associated APN papers, Independent Australia, oecmuse a very very good read, North  Coast voices.  If you read or know of other blogs and news stories, please add them to the comment.
Another good read.
@rrobbymiller has started a petition to have the Ombudsman examine the facts and to determine if there is anything untoward or illegal.  its here.
 The ABC show The Drum is calling for old laws to be ignored when it comes to Tony Abbott and his citizenship.This is extremely dangerous and something that should not be considered or condoned.  According to them I am holding back parliament with my call for the law to be followed.
And the Sydney Morning Herald and The Age, both Fairfax papers have also called this a birther rant.  Strangely the Canberra Times hasn't run with the story. And in that story a labour politician Tim Watts calls for the birthers to stop.  Mr Watts used to work for King Wood & Mallesons one of the top dozen or so law firms in the world. I would have thought a lawyer from a company like that would know how to check facts, look for the truth and ask questions. He is protecting the Prime Minster for some reason and I can only blindly stab as to why he might be doing that.
When I was looking in the National Archives of Australia at Mr Abbotts citizenship file it disappeared. It went secret and I don't really know why.  I did get a screen capture of the file cover and that's about it.
And the screen capture of the assisted passage. 
The fun thing about the  assisted passage is that Mrs Abbott had to renounce her Australian citizenship to get the ten pound pom boat trip.  And Tony Abbott claims citizenship by descent from a woman who renounced her citizenship,that may be legal I don't know. But it sure doesn't sound good. OR. She kept quiet and came across as Mrs Abbott on Mr Abbotts passport, as an Australian getting assisted passage she would be considered an illegal boat person and that would be deliciously ironic considering the almost racist policies Tony Abbott has brought in and condones.

The letters below are from Peta Credlin.  The first one  details her intention to refuse any FOI application. The second is the actual FOI refusal.  Very strange that the Prime Ministers Chief of Staff would become a clerk class 5 or 6 for just my FOI applications. The copies are poor because my scanner isn't working.  The originals are not kept at my home, they are in a safe place.  Copies are on multiple sites online.








For those who doubt that it might be fraud to enter parliament by signing the paperwork when not eligible, check this out.
Thanks to Jan Olson from Twitter who got this other FOI request, which seems to indicate the documents are missing or dont exist. 
I have passed this blog on to Pravda which ran a story on our beloved PM. Their President is coming to Australia and our budgie smuggler has promised to shirt front him.  For me a shirt front is where you grab a collar in each hand and pull quickly to head butt.

I contacted the Australian Public Service Commission to ask if Mr Abbott's Chief of Staff, who I believe is employed as a Public Servant, has complied with all regulations in refusing to advise the Australian Federal Police of the possible fraud in Mr Abbott signing statutory declarations for the AEC on 8 occasions.

I tried to contact the AFP yesterday,the @afpmedia team on twitter gave me the phone number of Queensland state police.  Not quite the right police department let alone police force.  The Queenslanders put me through to Canberra for the AFP and after about 8 different transfers I gave up. I tried ringing their direct line but got the same run around. So I sent off the 5th or 6th online report to the AFP.  I also sent off the third online report to the Governor General asking he investigate.  The AFP have a problem because the Prime Minister sleeps in their dormitory instead of the official residence and the Governor General recently got a knighthood.

The NSW Police have informed me on twitter that it is a crime not to report an indictable offence.  I wrote to Hon Bronwyn Bishop several months ago telling her of the possible crime of fraud and asking her to do all she could with regards to the crime.  I have written again today, 21/10/14 reminding her of my letter and the NSW law.  She did a 5 year course in law at University of Sydney and got her professional qualification  from  the Solicitors Admission Board after marriage so has no excuse for not knowing the law.  Here's the letter.

The Attorney Generals Department have advised that they can not investigate alleged crimes by ministers of the government.  Personally I think that is just a lie and obviously party political.  I contacted the AFP and they have advised now that the Department of Justice is the only one who can prosecute politicians.  Justice is part of the Attorney Generals Department so back to them.  A letter to the Secretary And Deputy Secretary of the AG department and to the minister for Justice Mr Keenan. The letter to David Frederic and Chris Moraitis was to complain about the public service run around and the blatantly political decision to not process my original letters and in the hope they would monitor what was happening with the letter to Mr Keenan.

This blog is a sequential record of how things happen, or when I remember to write about how things happen. Thats why early on I say the Home Office cant find the forms and then I say I received a refusal to answer.  I also found out form speaking with a British Civil Servant that Mr William Hague, then head of the Foreign Office  jumped over to the Home Office to block my request.  Very observant of him or asked to by political buddies in Australia?  I will never know for sure.  I do know Mr Hague is no longer in the Foreign Office.

The first FOI to me from Peta Credlin was a flat refusal to answer. The second one for Jan Olson was a " we cant find it " the second one they followed the FOI rules and looked in all the proper places and the paperwork isn't there. I have complained to the Australian Public Service Commission about Peta Credlin. If she is a public servant she was wrong to block the FOI request and wrong to become FOI officer for the day. If she is political she is covering up a crime and probably committed a crime in doing the job of a public servant in blocking the FOI request, and I have asked the APSC to check on that. The second FOI for Jan was done after my complaint about Credlin so everything had to be done legally as far as the FOI laws are concerned.

A Farcebooker Adriaan de Leeuw advised I contact the British courts to get a writ of mandamus.  I have and thank you for the advice Adriaan.  I sent this to the clerk of the courts this morning :- 
I have been advised to apply for a writ of mandamus ordering the Permanent secretary of the British Home Office to present it to a Judge, on the basis that a person born in Great Britain  will not show his Form RN, proof of his renunciation of British citizenship and he  may be holding a position he is not entitled to under a law of Her Majesty Queen Victoria's Government, the constitution of Australia Act 1900.  Please note that as the original constitution act was an act of British Parliament a court in Britain has the right to demand his Form RN, also note that if there is no form RN to be found then he is by definition still a British Citizen! For Citizenship to be extinguished there is the absolute need and requirement for that act to have been a free and provable! If the Home office cannot produce the document, a ruling on his Citizenship should be made in relation to current precedents.

So how do I go about this? Is writing to the clerk of the courts sufficient and if so, could you please forward this email.  If not, what is the procedure?  My blog on the matter covers all documentation we can find"   

I have re-emailed Mr Heerey, the commissioner of the Australian Electoral Commission asking him to investigate the possible crime of fraud.  He has just returned from leave so I emailed his QC chambers and asked them to forward to him.

Unfortunately the AFP and myself are at odds, I assumed they would be as interested as I am in the crime of fraud perpetrated by the Prime Minister. Sadly no.  The latest from them is this:- 

They seem to have not bothered asking Mr Abbott to look at his renunciation papers.They have seen election, constitution and citizenship and said, 'Allo 'Allo, he's been an Australian all along. I have asked them to reconsider and if they think I am vexatious please charge me so I can  subpoena the documents as evidence in a court case.

Jan Olson who got the FOI report stating there is no renunciation paperwork in the PMs office was arrested in Parliament House for daring to ask the PM if he had indeed renounced his British citizenship. Jan was carted off and had wrists severely slapped.  The story is here.

I have been phoning politicians offices here and in the UK to try and get someone to take notice.  I have come to the conclusion the only way to get in touch with an MP is to hand write a letter and post it in an envelope, Bic and Lick.  Emails,twitters,facebook posts are all secreted and segregated by staffers and probably censored and binned too.  Not much gets through to them except the Bic and Lick letters.

To those sending pennies, thank you, very much appreciated and very humbling.

I am missing something very basic about how to report crimes,that can be the only reason our Federal Police and Attorney Generals Department refuse to even look at the British citizenship side of things.  AG doesnt bother responding,I am still waiting on letters to the actual heads of the department to be replied to.  As for the police?  They have said on several occassions there is no problem, Mr Abbott is an Australian citizen. HELLO! The whole problem is that he is still British or was when he entered parliament.  There are no British citizenship renunciation papers, the FOI from Jan Olson show that.

Tangent time.  I have lodged a crime stoppers report with the Tasmanian police. One of their senators has a well known run in with the constitution, the High Court and the dates of his renunciation. The only thing that didn't happen in 2010 were charges pressed for fraud.  I guess fatigue had set in with John Hawkins.  John if you read this can you email me or message me on twitter or facebook to see if you considered fraud please.  The Abetz wiki says very clearly he renounced his German nationality on 9/3/2010 and that was confirmed to the Hobart Mercury.  I asked his office to confirm the dates are correct, no reply.  Might have to try a Bic an Lick for him and ask again? Unsurprisingly the Mercury story is not online, or I couldn't find it. I did write to them, but they too ignore me.  If the Taswegian police do look at fraud then that might be the way to go with Ol'Blue Ties.


I queried earlier if Ms Credlin was a public servant or not and could she act as a FOI clerk if she wasn't a public servant.  I got this reply this morning, from Robert McMahon.  Wonder if that's Billy's boy? Anyway, the response says she is not a public servant but has been given special permission to do FOIs. 


I have asked the police in Queensland if Senator Brandis' reluctance to pass details of the fraud crime on to the authorities is itself a crime under our law.  Google tells me it might be under the Criminal Code 132 it might be, or indeed under 133.

I should point out at this time I am not a lawyer and the only legal training was a law 101 unit at the University of New England.  Most laws are written in plain English and I use plain English comprehension when reading them.  If a law relies on my being an ordinary or reasonable person,I like to think I qualify for that too.

The NSW Minister for Police a Mr Ayres, was asked via twitter if Mr Baird, the NSW Premier, had relayed to him details of the Abbott fraud given to Mr Baird by myself.

And just in this morning, the AFP have advised they will not be taking any new evidence in the Abbott fraud case.  The case is closed permanently. 


The new evidence was the FOI from Jan - the one where Assistant Secretary of the Department of Prime Minister and Cabinet confirms the renunciation papers DO NOT EXIST. Imagine an American cop show or movie where the coppers refused to accept further evidence, they would last minutes. Imagine the back packer murders case, someone went missing and the file was closed, not further evidence was allowed. Guess who runs the AFP - politically, George Brandis.

Robert McMahon Assistant Secretary of the Parliament and Government Branch of the Department of Prime Minister and Cabinet declared "I have decided to refuse the request under section 24A(1)(b)(ii) of the FOI Act" and that says quite simply and succinctly does not exist

We are now in a frightening stage of Australia heading towards political danger, our police force is now beholden to the government.  Did Brandis stop the AFP accepting new evidence/ Was Commissioner Colvin made aware of the evidence, the email was addressed to him and if he did see it did he stop accepting further evidence as payback for being promised the new homeland security gig?  I am now afraid as an Australian and as someone writing this blog.  If you can, please copy the blog and keep in as many places as possible.

When I write to MPs I now ask if they will be allowed to read the email or letter or do staff censor and segregate letters.  Got this from Senator Milne the Greens leader and senator in Tasmania.  Senator Milne is not blocked by her staff from reading e-mails from constituents. You must understand that the very large number of e-mails she receives each day [upwards of 400 items per day] makes it impossible for her to attend to each item individually. Hence, like most prominent MPs, and all Party Leaders, she relies on someone like myself to deal with them on her behalf. Please be assured however that she is always interested to hear of the matters raised by constituents and is kept very well briefed on their views.
Senator Milne is aware of the allegations regarding the Prime Minister's citizenship and subsequent eligibility to sit in the Australian Parliament. She is currently seeking advice regarding the situation with a view to determining what, if any, action it may be appropriate to initiate in response to it.

Pleasing to know she does get interested in what is sent to her and is looking at this problem.

Paul Pirani, the chief legal officer at the Australian Electoral Commission has replied to me stating that the AEC does not recognise fraud under the crimes act. That a candidate can do and say anything to the AEC and it doesn't matter.  Very surprising considering the Commissioner is Hon Peter Heerey QC. Yes a Queens council, barrister, law officer of the highest standing.  But fraud doesn't matter.  If I committed fraud I would be in court straight away,but because someone has said they are a candidate for parliament, the place where laws are written, they can lie and scheme and commit fraud to get into the place.  Here's the reply -  
Dear Mr Magrathea

I refer to your email of 4 November 2014 addressed to the Chairman of the Australian Electoral Commission (AEC), the Hon Peter Heerey AM QC, in which you have raised a concern about the qualifications of the Prime Minister, the Hon Tony Abbott MP, to stand as a candidate for a federal election.  I have been asked to reply to your email on behalf of Mr Heerey.

The issue raised in your email relates to the disqualification of candidates under section 44 of the Constitution.  Section 44(i) of the Constitution provides, in part, that:

“Any person who:

(i) is under any acknowledgement 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;

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

The AEC administers the Commonwealth Electoral Act 1918 (Electoral Act) in relation to the conduct of federal elections.  The AEC does not administer the Constitution as is made clear by the Administrative Arrangements Order made by the Governor-General.  The administration of the Constitution is the responsibility of the Attorney-General’s Department.  Accordingly, the AEC is not in a position to disqualify any candidates due to the operation of section 44 of the Constitution.

The AEC is subject to the requirements of the Electoral Act.  Section 172 of the Electoral Act sets out the only grounds upon which the AEC is able to reject a nomination of a candidate.  Those grounds do not include any possible disqualification of a candidate under the Constitution.

I note that the candidate nomination form that is required to be lodged with the AEC prior to the close of nominations for a Member of the House of Representatives includes a declaration that must be completed and includes the following:

“I, the candidate named above, state that:                                                                                                                   
·         I am an Australian citizen                                                      Yes [  ]               No [  ]
·         I am at least 18 years of age                                                  Yes [  ]               No [  ]
·         I am an elector or qualified to be an elector                       Yes [  ]               No [  ]
·         I am not, by virtue of section 44 of the Constitution,       Yes [  ]               No [  ]
incapable of being chosen or of sitting as a Member of the House of Representatives
and I declare that:
·         I am qualified under the Constitution and the laws of the Commonwealth to be elected as a Member of the House of Representatives;
·         I am not, and do not intend to be, a candidate in any other election to be held on the same day as the election to which the above nomination relates;
·         I consent to act as a Member of the House of Representatives for the above Division if elected.”

A similar declaration is contained in the nomination form for Senate candidates.

The making of a false declaration is a criminal offence under the Criminal Code Act 1995.  However, there is no legal requirement that a candidate is to provide the AEC with evidence of their citizenship status to support their nomination.  There is also a further offence contained in the Common Informers (Parliamentary Disqualifications) Act 1975 which imposes a $200 per day penalty for a Member of Parliament who sits in the Parliament while they are disqualified.

The issue of any disqualification of a candidate due to the operation of section 44 of the Constitution is a matter that can only be determined by the Court of Disputed Returns after the conduct of any election. 

The AEC has produced a publication entitled Constitutional Disqualification and Intending Candidates which can be accessed at:


I specifically draw your attention to paragraph 39 of this publication which states that:

“In 1997, the House of Representatives Standing Committee on Legal and Constitutional Affairs considered the role of the AEC in advising intending candidates on s. 44 of the Constitution, and concluded that:

The Committee agrees that the AEC should have no role in giving legal advice to candidates. The Committee recognises that the AEC’s role in running elections must be protected from any criticism that it has given wrong advice. The Committee appreciates that AEC officials have no role in going behind a candidate’s declaration that he or she is eligible to stand.”

Further, the AEC notes that the mere fact that a person was born overseas does not mean that they hold dual citizenship or will be in breach of section 44 of the Constitution.  This is made clear by the comments of the High Court in Sue v Hill [1999] HCA 30.  As the matters raised in your letter involve allegations of criminal conduct, the onus of proof would rest on the prosecution to prove the offence beyond reasonable doubt.  Mr Abbott would not be required to prove that he was so eligible or that he was required to take some action to renounce United Kingdom citizenship.  Accordingly, the argument raised in your email is inherently flawed.  The inability of the UK government to locate a form RN does not provide any evidence that could be used as the basis to mount criminal action.  

Accordingly, the AEC is unable to take action in this matter as requested in your email.  

I trust that the above information clearly explains the position of the AEC on this matter.

Yours sincerely



Paul Pirani | Chief Legal Officer
I did ask he review his decision because the Prime Ministers own Department of Prime Minister and Cabinet have confirmed he is still a dual national and hasn't renounced his British citizenship. How far does this cover up and corruption go?


Email discussion ongoing.

I repeat the contents from my earlier email.
“Further, the AEC notes that the mere fact that a person was born overseas does not mean that they hold dual citizenship or will be in breach of section 44 of the Constitution.  This is made clear by the comments of the High Court in Sue v Hill [1999] HCA 30.  As the matters raised in your letter involve allegations of criminal conduct, the onus of proof would rest on the prosecution to prove the offence beyond reasonable doubt.  Mr Abbott would not be required to prove that he was so eligible or that he was required to take some action to renounce United Kingdom citizenship.  Accordingly, the argument raised in your email is inherently flawed.  The inability of the UK government to locate a form RN does not provide any evidence that could be used as the basis to mount criminal action.”  

 Accordingly, the AEC is unable to take action in this matter as requested in your email.  

Yours sincerely





Paul Pirani | Chief Legal Officer

My response:-
Proof he has British citizenship is in the letter from Oxford University in that he matriculated there as a British citizen. Add that to the fact the FOI from the PM&C states that the renunciation papers do not exist and he is still a British citizen.
You have proof he was born in England and that at the age of 23 or so when he entered Oxford that he was still a British citizen, the facts seem pretty conclusive

Ongoing saga.  

Another reply
Mr Magrathea

Your assertions as to what was said in the FOI response does not match with what I have seen in the public domain. 

The letter to you from Ms Credlin apparently stated that the document “was not an official document of a Minister” and as such it was not subject to the application of the FOI Act.  If this is the case then of course the Department would not have a copy in their possession and would therefore refuse a request under section 24A of the FOI Act.

To mount any criminal action you will need to provide positive evidence that Mr Abbott is and was a UK citizen at the time he signed each candidate declaration.  Nothing in the material that you have provided contains any prima facie evidence to support your allegations.



Yours sincerely 

Paul Pirani | Chief Legal Officer



My response yet again




The FOI that was in the email to you on 4/11/2014. the one you responded to - https://drive.google.com/file/d/0B42C_wWg31otWnE4Z0dtVEZpYzA/view  The Credlin FOI was purely a political decoy by his pet Chief of Staff.  The real FOI and the proof that the renunciation documents do not exist come from Robert McMahan.  I complained to the department of PM&C about Ms Credlin becoming an FOI clerk whenever I contacted them, during the investigation into if she could act, Jan Olson lodged an FOI request, the link to uit is here and was in the email of 4/11/14. 
The Credlin foi response may yet get her in court and are meaningless drivel to act as a poltical decoy. It seems to have worked with you. The real FOI signed by Mr McMahon is the only FOI worth anything at all. and the one that proves the renunciation papers dont exist.I have been at this long enough to know never believe anything Credlin says.




More


Public domain
Mr Abbott was born in England to a British father which under their law is automatic British citizenship.
Oxford university have written explaining he matriculated there as a British citizen.
He got Australian citizenship in 1981 to get the dollars for Rhodes.
His public service staff at the Department of Prime Minister and Cabinet completed an FOI request declaring that the renunciation paperwork for his British citizenship do not exist. 
Born British,still British at Oxford in 1981 and in 2014 his Assistant Secretary of Parliament and Government branch of PM&C states unequivocally that the renunciation paperwork does not exist.  Perhaps you can run it past the Commissioner of the AEC who is an actual barrister and see what he thinks? 

My original blog was a subject of a denial of service attack, no one could access it to read it so I moved the blog here. And in the moving it seems the letter from Oxford confirming his British Citizenship when he matriculated there seems to have gone missing.  

Here it is :-  

I have lodged a Crime Stoppers report with the ACT police, the report says this:-   Mr Abbott was born in the UK to a British father.Under British law this gives him automatic British citizenship.

In 1981 he matriculated to Oxford university as a British citizen. In 1981 he applied for and got Australian citizenship to comply with the Rhodes Trust and to get the dollars from the scholarship.
In 1994 and on 7 subsequent occasions he signed a false declaration for the Australian electoral commission stating he complied with the laws of the land with regard to dual nationality. In 2014 his Department of Prime Minister and Cabinet confirmed he has not renounced his British citizenship through an FOI request. 

FOI request is at https://drive.google.com/file/d/0B42C_wWg31otWnE4Z0dtVEZpYzA/view

letter from Oxford is attached

He is a dual national on every occasion he stood for parliament, he signed false declarations for the AEC on each occasion. Elections in March 1994, March 1996,October 1998, November 2001,October 2004, November 2007, August 2010, September 2013. 


Ross Jones from Independent Australia Media has come up with another beauty about the Abbott saga.  What exactly did Jan Olson say in parliament house?   Why were they so quick to evict her? Was it really because of her FOI?  The one that proves the renunciation papers do not exist.  I think I mentioned earlier that I lodged a complaint with the Australian Public Service Commissioner asking if Peta Credlin was a public servant or political appointment, and if she was political could she become FOI clerk for a day when she knocked back my request.  While that was in the process of being adjudicated Jan Olson lodged her FOI, totally unknown to each other, the request was a pure coincidence and at the very exactly right time to get a real public servant to do the job properly.  Again goodonya Jan and sorry about your eviction.  You join a pretty select list of people who have been thrown out of parliament.

Pravda, that famous Russian newspaper has published a story about Tony Abbott. It's here.  

The silence has been deafening.Every labour MP clammed up yesterday,normally chatty they just stopped.Seems its party policy to keep Abbott in government, defintiely better for their (labour) polls to have an idiot in charge, but he is also a criminal. Parliament House in Canberra lists all MPs and shows if they have a twitter account or not. I twittered every labour MP asking why they are keeping a criminal in the job of Prime Minister.

Letters to the editor for the Herald Sun and The Age, both Melbourne papers, advising labour voters to ask why their party wants to protect Abbott. I doubt they will publish, but you never know. 

Illegal boat people.  Or not.  I wrote to the Department of Immigration and concentration camps asking if Mrs Abbott came to Australia on the Oronsay as an Australian citizen or a British citizen.  The answer was they couldn't say a thing because of privacy concerns.  Fair enough, so I asked them to provide information about the laws back then, I have been unable to find anything relating to if an Australian citizen could come back to Australia on an assisted  passage migration scheme.  Just more interest for the whole gamut of Abbottisms.  They will get back to me.

3 December 2014, about 10am. Rang Senator Ian Macdonalds office and was told they know Mr Abbott has dual nationality but didn't think it was illegal.  Isn't that interesting.

They know he is a dual national and does nothing about it.
Matthew from Senator Macdonalds Office rang me and accused me of lying. I have been working on this for 14 months, why on earth would I lie just  to get a bite from a second rate senators staffer somewhere in Queensland?  Matthew, I am not a liar.