JULY 2008 Pages - Page 1
THIS IS PAGE 1 OF JULY 2008 PAGES - JULY0801
'BATTEN  DOWN  THE  HATCHES' - PROLONGS IEMMA'S MISERY
In what must be an act of political madness - Morris Iemma appears to be engaging in a tactic of 'toughing it out' over the Iguana
Joe affair.

By telling the media he will not direct his 'suspended' Minister John Della Bosca to be interviewed by Police, he is doing further
immense damage to his leadership. First, it confirms the perception he is a ditherer - incapable of decisive leadership. Secondly,
it demonstrates that whilst Della Bosca legally is entitled to "the right to silence", Morris Iemma does not understand as a politician and a Minister,
he is not "morally" entitled to that right afforded to every other community member. Thirdly, a refusal to be interviewed will lengthen the Police
inquiry and drag it out longer , yet the political text book says in a scandal like this it is best to "bury the issue" quickly - irrespective of the
collateral damage that may be caused in the process.

AND of course the uncertainty of Iguana Joes, keeps the leadership challenge stories flowing.

Labor's famous "focus groups" must be picking up what has been the result of our non-scientific research conducted over the last few days. We
have initiated a conversation with numerous 'non-political' people by asking "
What do you think of Issue X" , here X = anything from fuel watch to
computers in schools and the answer almost universally has been "
(ambivalent answer to the issue) BUT that Iemma is a fool/bad/hopeless".
The fact that the statement is offered, without being related to the question, shows the depth of passion held by these people.

SOURCES :
Joe Hildebrand,
John Robertson considering challenging Morris Iemma , Daily Telegraph, 1 July 2008.
Belinda Neal spat in my face: Iguanas employee , The Australian, 1 July 2008.
ABC News,  
Della Bosca interview 'up to police' , 30 June 2008.
Dylan Welch and Alexandra Smith ,
Police frustrated by long wait for Iguana duo , Sydney Morning Herald, 1 July 2008.
Annabel Stafford ,
Abusive MP Neal spat in my face, says nightclub worker , The Age, 1 July 2008.
Joe Hildebrand ,
Claim Belinda Neal spat in waiter's face in Iguanas scandal , Daily Telegraph, 1 July 2008.
Andrew Clennell &  Jo Arblaster,
Iemma looking stuffed , Northern News, 1 July 2008.
Piers Akerman ,
Who can tame two arrogant iguanas? , Daily Telegraph, 2 July 2008.
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ONLINE GAMBLING QUESTIONED

Peter Newell, chairman of Clubs NSW raises some interesting points in a thought provoking article :


Home alone makes it easier to gamble the lot , Sydney Morning Herald, 30 June 2008.

see also :Jonathan Dart , Random calls woo gamblers , Sydney Morning Herald, 27 June 2008.

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NEW
We have started a new section where we will place the front pages of newspapers, which we have called Front Pages.

The idea is to have the front pages in one place so that visitors can quickly glance over the pages to see the media trends in any
month, rather than having them scattered throughout the pages of the site.

Enjoy.
FASHION  STATEMENT

When red blooded heterosexual men start dressing in fashion more akin to that of a drag-queen, it just doesn't sit right.

Is this to be the start of the end of the "macho" look and the beginning of an
androgyny revival in fashion.?

see : Sydney Morning Herald - Men in tights .

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HEWITT  KNOCKED  OUT  OF  WIMBLEDON

Lleyton Hewitt bowed out of Wimbledon 2008, as expected, with a 7(9) - 6(7), 6-2, 6-4 loss to Roger Federer.

Given his physical problems - the score-line was remarkably good. At the age of 27 he is moving into the
'seniors brigade' but lets hope he can come back in 2009 bigger and better than ever, and win a few tournaments
before eventually retiring from the centre court.

see : Linda Pearce , Federer shows no mercy as Hewitt limps off for the rest of the year , Sydney Morning Herald,
1 July 2008.

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SMOKE & MIRRORS ???

Has the Northern Daily Leader newspaper mis-reported comments said to have been made by Richard Torbay MP
(Northern Tablelands) ???

The NDL says that Mr Torbay told it in respect of the forthcoming Presiding Officers and Clerks Conference to be
held in Malaysia :

"
Mr Torbay said the “tab” for his trip would be picked up by the CPA [Commonwealth Parliamentary Association ]  and not the NSW
taxpayer.
"

In July 2006 - The Hon. John Price MP and Mr Russell Grove went to Perth to attend the 37th Conference of Presiding Officers and Clerks.
That cost taxpayers $8,448 in total .
(a)

It was estimated that the cost for attending the 38th conference in the Cook Islands in July 2007 would be $20,000 in total. (b) (the actual costs for
2007-2008 are not yet available).

Attendance at the Presiding Officer's conference is dependent upon NSW being a member of the Commonwealth Parliamentary Association
(CPA). The CPA stages several events each year, so it is not possible to allocate the annual membership fee to the Presiding Officers conference
solely, but clearly a proportion of it should be allocated.

Fees paid to the CPA in 2006-07 were $238,000 and it was estimated the cost in 2007-08 would be $313,000.
(b)

IT is difficult to understand how the "tab" for Mr Torbay's attendance at the 39th conference in Malaysia is not being met by the NSW taxpayers. A
"smoke and mirrors" accounting could lead to that conclusion - but a "real cost accounting" system would surely disclose some cost to the NSW
taxpayer.

SOURCES :
(a) Department of Legislative Assembly,
Annual Report 2006/07, New South Wales Parliament, Sydney [ ONLINE ] , page 90.
(b) Department of Legislative Assembly,
Annual Report 2006/07, New South Wales Parliament, Sydney [ ONLINE ] , page 142..
Simon Chamberlain ,
Politicians toing -and- throwing overseas , Northern Daily Leader, 1 July 2008.


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LABOR  PRE-SELECTION  BATTLES

For those lucky enough to live in a Local Government Area which is not under the control of a NSW government imposed
Administrator, elections will be held on 13 September 2008.

In the Sutherland Shire, pre-selection for the Labor tickets, is accompanied by the usual "family feud" - involving
  • theft of party records
  • members being denied voting rights

see : Merryn Porter, Blood let in Labor party war , St George & Sutheland Shire Leader, 1 July 2008.

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TORBAY  TAKES 'CHEAP SHOT' AT NSW JUDICIARY

Richard Torbay MP (Northern Tablelands) has taken a 'cheap shot' at the NSW judiciary.

A cheap shot is
an unnecessarily aggressive and unfair remark directed at a defenseless person
[ see Academic's "Cheap Shot " - June 2008 page 32 ]

As we have pointed out before on this website criticism of the judiciary is generally unfair. Certainly, the judiciary are not in a position to defend
themselves against attacks upon them. For good policy reasons they are prohibited by convention from participating in public debate. The
judiciary certainly are a vulnerable target because they are unable to defend themselves against public criticism.

A NSW District Court judge, heard an appeal from a Local Court magistrate, decided that a 14 year old juvenile, who had been locked up by a
magistrate for 12 months in the Tenterfield Children's Court and spent some time in custody before his appeal was heard in the District
Court,should be released The District Court judge imposed a non-custodial sentence in lieu of the control order.

That is about all the details we have of the case.

However, after the juvenile returned to his home town of Tenterfield it is alleged he committed a further offence of a different nature. He has
been charged by police.

Now with the luxury of hindsight it can be argued the Judge made the wrong decision. However, quite frankly, it is our view  ludicrous to expect
the Judge to have the ability to accurately predict the future, and to have foreseen the juvenile would commit an offence of a different nature in
the future. Given that the basis of the juvenile criminal law is to focus on rehabilitation, it would be extra-ordinary if a Judge wasn't occasionally
wrong in his/her assessment of the future. The only way a 100% success rate could be achieved is if every child who came before the courts
was locked up until they reached the age of 18 years.

Therefore, it was surprising to see the harsh criticism metered out by Richard Torbay - particularly as he has expressed his disapproval of cheap
shots in the past. Ironically, he was in a position to respond to what he perceived was a "cheap shot" aimed at him (even if the response was
limited to calling the criticism a cheap shot), whereas the Judge is unable to respond to the criticism at all.

Mr Torbay said :
***
I have a serious issue to raise today regarding the inconsistency of appeal decisions made by some District Court judges. I draw attention to
a very poor outcome of one of those decisions ...
^^^^ This outrageous situation shows just how out of touch some judges really are ....
**** The case I mention today is not isolated.
.

I call that a "cheap shot" if ever there was one.

SOURCE  :
NSW LA Hansard ,
District Court Appeals Decisions , 25 June 2008.
Lisa Carty,
Town cries foul as court frees youth , Sun Herald, 29 June 2008.
Sam Groves,
Sent home from jail: Local Member calls for review of appeal process , Tenterfield Star, 1 July 2008.
ABC News ,
MP angry at teen's overturned sentence , 27 June 2008.
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DRAPER  DOESN'T WANT HELP FROM ALTERNATE GOVERNMENT

Peter Draper MP (Tamworth) issued a media release on 26 June 2008 in which he effectively tells the alternate
Health Minister to look after coalition held seats - and leave Tamworth alone.

Given the prospect (on the basis of current polls) that after 2011 there will be a coalition government in NSW - it seems
a strange attitude to take - to suggest that the coalition should only look after seats held by the coalition.

Surely the government has an obligation to govern for all - irrespective of the political affiliation of the local member. Whilst admittedly this
principle has not been followed by the Iemma government which consistently plays "favourites", hope springs eternal, and hopefully a coalition
government would govern for the benefit of all. However, they could hardly do so if the local member doesn't want help.

SOURCES :
Peter Draper MP,
Skinner's Insinuations Wrong Again , Media Release, 26 June 2008.
PETER  DRAPER  MP - YOU  HAVE  BEEN  CAUGHT  OUT , December 2007 page 2 , www.independent-nsw.com

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IS  THE  IEMMA  GOVT  MORALLY  BANKRUPT ???

NSW Police released the following media statement at 5.07pm on 1 July 2008 :

Police to finalise restaurant investigation

Brisbane Water Police are finalising their investigation into an alleged incident at a Central Coast restaurant and
expect to forward a brief of evidence to the Director of Public Prosecutions (DPP) and the
Commonwealth Director of Prosecutions for legal advice later this week.
A number of people, including a State Member of Parliament and a Federal Member of Parliament, have exercised their legal right not to
be interviewed.
Investigators have received written statements from both the State MP and Federal MP.
Police have further offered an opportunity to five people who signed statutory declarations to participate in an interview however all
have exercised their right not to do so.
Police will not comment further on the brief of evidence until after advice has been received from the NSW DPP and Commonwealth
Director of Prosecutions.

John Della Bosca MLC told the NSW parliament on 17 June 2008 :-
I can assure members of the House that I will be cooperating with that  [ Police ] investigation.

Premier Morris Iemma told parliament :

I repeat what I have said many times in relation to the Minister: He has been stood aside; if he is cleared he will go straight back into the
Ministry.
. (24/06/08).

If there are questions that need to be asked in this matter, the relevant agencies will ask those questions of the relevant people. The
relevant agencies will do that job, and they will do it thoroughly and professionally.  
(17/06/2008).

IT IS Impossible to interpret Mr Della Bosca's statement on 17 June 2008 that he would "co-operate" with Police as meaning other than he would
undergo a record of interview or answers questions face to face if asked by Police to do so. It is impossible to interpret that statement as meaning
he would rely upon his legal right to refuse to answer questions. The mere submission of a written statement without answering questions the
police may wish to ask arising out of it, cannot be interpreted as "co-operating".

Mr Della Bosca's refusal to allow the Police to ask him questions is not consistent with the behaviour that the Premier outlined he expected to
occur.

UNLESS the Premier now sacks John Della Bosca MLC - it will demonstrate that the Iemma government as a whole is morally bankrupt.

SOURCES  :
Dylan Welch & Alexandra Smith ,
Police frustrated by long wait for Iguana duo , Sydney Morning Herald, 1 July 2008.
NSW  LC  Hansard ,
The Hon. John Della Bosca MLC: Iguanas Waterfront Restaurant , 17 June 2008.
NSW  LA  Hansard,  
The Hon. John Della Bosca, MLC: Iguanas Waterfront Restaurant Incident , 24 June 2008.
NSW  LA  Hansard ,  
The Hon. John Della Bosca, MLC: Iguanas Waterfront Restaurant Incident , 17 June 2008.
ABC  News ,
Neal, Della Bosca refuse police interviews , 1 July 2008.
Brad Norington ,
Neal refuses to speak to police , The Australian, 2 July 2008.
Annabel Stafford ,
Neal knocks back police interview , The Age , 2 July 2008.


LATE  UPDATE
Premier Iemma released a statement late on the evening of 1 July 2008 which read :

I have tonight spoken with Mr Della Bosca.
In my conversation with the Minister, I made clear my expectation that he agrees to a police interview.
As a result of our conversation, Mr Della Bosca said he would undertake an interview with NSW Police at their earliest convenience
.

In a statement released earlier John Della Bosca had said :
I have advice from an eminent senior counsel that a signed written statement is an entirely appropriate demonstration of
cooperation with a police investigation .
I have volunteered to provide answers to any questions police may have.
I am cooperating fully with the police investigation
.

IT would seem that the learned senior counsel has an ability to advise in relation to the legal "right to silence" , but it would seem the advice failed
to address the moral and political issues associated with exercising that legal right .

ADDITIONAL  SOURCES :
Andrew Clennell, Dylan Welch and Phillip Coorey ,
Iemma turns on Della , Sydney Morning Herald, 2 July 2008.
ABC  NEWS ,
Della Bosca to recount Iguanas night out , 2 July 2008.
Note : Iemma's flip flop in 2 days - see : ABC NEWS , Della Bosca interview 'up to police' , 30 June 2008.









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