Whistle blower blocked by AFP

 A link to a petition to find out who is responsible for prosecuting people who sign false declarations to nominate for election  EN0615

This citizenship fiasco has entered the absurd.

I am sort of a whistle blower, I ask questions about illegal MPs being in parliament and the questioning seems to have caught on.  A lot are asking and a lot are being caught.


I have been told by the South East Queensland version of the Australian Federal Police that they will ignore any report I lodge about a Commonwealth Crime. A person singing a false declaration to nominate for election to parliament is committing a Commonwealth crime.

Now I find the Australian Federal Police have blocked me on Twitter.  What the fuck for?





I have written to Sue Bird and Andrew Colvin deputy and commissioner of the AFP asking what are they up to.

The AFP have now written to me saying it is not their job to investigate Commonwealth crimes. A copy of that at the end of the blog.  Why not report a crime for them? They seem to want to ignore me.  https://www.afp.gov.au/contact-us/report-commonwealth-crime



These are the Commonwealth Crimes I have reported so far.



I believe others are reporting Commonwealth crimes of a similar vein and if yo read this can you please add your information or links to the comments below.  Some others I have found are:-




Another one 9/11/2017, Rebekha Sharkie.




The email from AFP saying not their job to investigate.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Mr MAGRATHEA,

Reference is made to your multiple emails to the Australian Federal Police dated between 28 October and 9 November 2017.

The AFP is the primary law enforcement agency responsible for investigating crimes against the Commonwealth of Australia. Information about what the AFP may investigate and the processes involved can be found at:

        http://www.afp.gov.au/contact/report-a-crime.

Under the Australian Government Investigations Standards, Commonwealth entities have their own anti-fraud or investigative components, and have the primary responsibility for investigating fraud committed against their agencies.  Where a matter is sufficiently serious or complex, Commonwealth agencies will forward the matter to the AFP for consideration.

Matters that pertain to the alleged false or misleading statement made in an application to the Australian Electoral Commission (AEC) is not the role of the AFP and are best referred to the AEC.

The AEC has primary responsibility for investigating alleged offences against their Agency and those that are relevant to the Commonwealth Electoral Act 1918.

Should the AEC identify that a criminal offence has been committed they may refer the matter to the AFP for further investigation if required.

Your correspondence has been recorded by the AFP however no further action will be taken.

Client Liaison Team
AFP Operations Coordination Centre

www.afp.gov.au


Email from Paul Pirani chief legal office at the AEC

~~~~~~~~~~~~~~~~~~~~


Dear Mr Magrathea

As you have previously been advised, the Australian Electoral Commission (AEC) does not administer section 44 of the Constitution and has no power to investigate claims that persons may have incorrectly claimed that they were not disqualified by the operation of that section of the Constitution.

Let me clearly state that the AEC has no power or function that would enable it to conduct any investigations into the issue of incorrect information being included on the candidate nomination forms.

As you will no doubt be aware, the actions of the Court in these proceedings are not the first time that a person who has sat in the Parliament has been found to have been disqualified.  Previous cases include In re Wood [1988} HCA 22, Sykes v Cleary [1992] HCA 60, Free v Kelly [1996] HCA 42, Sue v Hill [1999] HCA 30; Re Culleton (No. 2) [2017] HCA 4 and Re Day (No. 2) [2017] HCA 14.  The AEC administers the conduct of federal elections according to the Commonwealth Electoral Act 1918 (Electoral Act). The Electoral Act does not provide the AEC with the authority to conduct eligibility checks on potential candidates.  This is particularly the case given the complexities of overseas citizenship- laws and the short timeframe between the close of nominations and the commencement of early voting.

The eligibility of candidates is addressed in section 44 of the Constitution. The Attorney General's Department administers the Constitution and the AEC cannot disqualify a candidate relying on 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 disqualifying a candidate under the Constitution.  Any disqualification of a candidate due to the operation of section 44 of the Constitution can only be determined by the High Court sitting as the Court of Disputed Returns after an election.

In relation to the issue of potential fraud in relation to the completion of the candidate nomination form, this does not fall within the jurisdiction of the AEC as the relevant fraud provisions are contained in the Criminal Code Act 1995 which is administered by the Attorney-General's Department.  The investigation of possible fraud offences is a matter for the Australian Federal Police (AFP).  Accordingly, questions relating to the interpretation of the Criminal Code Act 1995 and any possible action for fraud would need to be directed to that Department and the AFP.  However, as far as the AEC is aware no prosecutorial action was taken in any of the previous cases.  Given the complexities of the overseas citizenship laws that were addressed by the Court in this matter, it would appear that such action was not taken is due to the difficulties in proving all of the elements of such an offence.

Yours sincerely

Mr. Paul Pirani | Chief Legal Officer


A letter from the Attorney General saying they don't tell th AFP what to investigate. The AFP is an independent authority and it is up to them to investigate crimes or reports of crimes.  So who is telling porkies?





Decided to write to my local MP Andrew Wallace who was a barrister before becoming an MP.  He might know who is rsponsible for upholding the law in our country.

Dear Mr Wallace

quite a few members of parliament have been removed for being in breach of S44 of the constitution. None have been prosecuted for signing a false declaration to nominate for parliament at the last election or at previous elections.

Several knew they were in breach of the constitution or should have if they had read the nomination form and the candidates handbook. The form 60 you all sign has a tick box about compliance with S44 and a section stating  I am qualified under the constitution and laws of the Commonwealth to be elected.  The nomination form and handbook detail what is in S44 of the constitution. Mr Day knew his business holdings, Mr Culleton knew his court problems, Mr Ludlam and Mr Joyce both knew of the New Zealand heritage, Ms Nash knew of her British heritage even Ms Waters knew of the problems with her Canadian citizenship because I asked her to make sure she was legitimate in 2014.  I had asked all foreign born MPs in the 44th parliament and none bothered replying to me except Ms Waters who advised there was no problem with her citizenship.

I have asked the Australian Electoral Commission why the did not prosecute people for signing false declarations.  Mr Pirani their Chief Legal Officer advised " the Australian Electoral Commission (AEC) does not administer section 44 of the Constitution and has no power to investigate claims that persons may have incorrectly claimed that they were not disqualified by the operation of that section of the Constitution. "

I wrote to Mr Colvin and Ms Bird the Commissioner and Deputy Commissioner of the Australian Federal Police asking why they had not prosecuted anyone for signing a false declaration on their nomination for election forms.  The Client Liaison Team at the AFP Operations Coordination Centre advised " The AFP is the primary law enforcement agency responsible for investigating crimes against the Commonwealth of Australia.  The AEC has primary responsibility for investigating alleged offences against their Agency and those that are relevant to the Commonwealth Electoral Act 1918. "

I asked the same of the Attorney General, I believe Senator Brandis was AG at the time.  He advised "the Australian government cannot and should not direct the AFP on specific operational matters.  The decision to prosecute an allegation is a matter for the AFP.  It would not be proper for the Attorney General to intervene in such decisions."

The AEC can't prosecute,the AFP say it is the AEC responsibility and the AG says it is up to the AFP to decide to prosecute.

No one wants to prosecute people who committed fraud to become members of parliament.  Who's responsibility is it to prosecute the people who signed false declaration to nominate for election?  I know of about a dozen reports of Commonwealth crimes given to the AFP which they have refused to even consider looking at.  I know Mr Colvin is very friendly with the Liberal party from discussion with him in the past.

Would you please try to find out who is responsible for prosecuting those people who sign false declarations to nominate for election? The wording of the act says the knowingly sign a false declaration, the examples I gave earlier mention business dealings, court processes, family ties all of which would indicate the person signing the false declaration knew what they were doing.The High Court justices said s much in their decisions to expel them from parliament.

I do hope that you, with such a good legal mind, can clarify who is responsible for upholding the law in this country.

thanks for your time

regards


Mr Taylor is the minister for law enforcement so he got an email asking why the law isn't being enforced.




Been writing to Mr Dutton the minister responsible for the AFP to find out what the fuck is going on.

Wrote in December and no reply.  Tried again in February and no reply so I lodged a complaint with the Home Affairs feedback people.  They say the AFP have nothing to do with Home Affairs.




Thing is the AFO web site sdays they are part of the Home Affairs department and Dutton is their minister.  This cover up is going beyond a joke.  I don't think it can just be called incompetence anymore.  There is a very active cover up to protect MPs from being charged with a crime.





A link to a petition to find out who is responsible for prosecuting people who sign false declarations to nominate for election  EN0615






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