Just how stupid are these guys? Tony Abbott's 'front' for nosing around in union business looking for corruption is a point man, Judge Dyson Heydon. Now, without prejudice, here's what is says about being judge in the law books:
"Although active participation in or membership of a political party before appointment would not of itself justify an allegation of judicial bias or an appearance of bias, it is expected that, on appointment, a judge will sever all ties with political parties. An appearance of continuing ties, such as might occur by attendance at political gatherings, political fund raising events or through contributions to a political party, should be avoided."So with that, we are given the news that Judge Heydon was going to be a keynote speaker at a Liberal Party fundraiser.
Mr Heydon was listed as the keynote speaker at the Sir Garfield Barwick Address on August 26 at the Castlereagh Boutique Hotel in Sydney.
An invitation written on a Liberal Party letterhead obtained by Fairfax Media says the $80 cost should be made to the Liberal Party of Australia's NSW division. It also calls for donations if people are unable to attend.
"All proceeds from this event will be applied to state election campaigning," the invitation's fine print notes.
A spokesman for Mr Heydon released a statement shortly before 11.30am saying he would now not deliver the address.
"As early as 9.23am this morning (and prior to any media enquiry being received) he advised the organisers that 'if there was any possibility that the event could be described as a Liberal Party event he will be unable to give the address, at least whilst he is in the position of royal commissioner'."
Which is just as well, but by then the cat washout of the bag. This is the problem with this government - apart from the repeated acts of stupidity - they seem to have stuffed a lot of cats in lots of bags and they keep getting out.
This is a remarkable own goal. They set up a commission to bully the unions. They put in a judge who is clearly a party sympathiser in charge (ignoring the conflict of interest). Then they invite him to speak at one of their own fundraiser, thus blowing his cover. What a fiasco. The ALP had no hand in this, and now whatever shred of credibility the stupid Royal Commission was holding on to has been blown away, exposing the naked partisan politics writhing like some exposed worm in the sun.
You can't make this stuff up. You just can't.
Now the lawyers are saying the union officials who were forced to appear in front of this Royal Commission could sue the government.
Patrick Keyzer, who's head of La Trobe University's law school, said he respected the former High Court judge, describing him as a "distinguished Australian jurist", but said there would be an obvious difficulty with a royal commissioner agreeing to speak at a fundraiser for the Liberal Party.
Labor and the Greens called for Mr Heydon to be removed as a commissioner. Mr Abbott refused, defending him as "beyond reproach."
"Before now [bias] wouldn't have been faintly arguable, but these circumstances may cause some parties before the commission to head for the books," Professor Keyzer an expert on public law said.
While there was a "higher threshold" of evidence required to prove a royal commissioner has been biased compared to a sitting judge, Mr Keyzer agreed it was a "real possibility" that witnesses could argue Mr Dyson "has engaged in an activity which creates a reasonable apprehension of bias".
What a joke. I doubt they would sue the Royal Commission, but the mere fact that it could be suggested has essentially robbed the Royal Commission of any claims to impartiality. What's even funnier is Tony Abbott defending his judge-friend-partisan-warrior, just as he did with Bronwyn Bishop as Speaker of the House and we all know how that went. Does he have any political capital left to be mounting that defence on the judge's behalf? Will it wash? Does it wash? Does it pass the sniff test?
Mark Kenny has written a piece saying the question has moved from if the farce willed to when it will end.
For Abbott, it is another decision gone wrong. Just as Bronwyn Bishop's demise was the maturation of a dud call made long before, Heydon's judicial appointment had been aggressively partisan from the beginning.
Unless Heydon can come up with a compelling explanation for his involvement in the address, then any suggestion that he was unaware that he was participating in a Liberal Party fundraising event when he agreed to speak will be extremely hard to believe - a lot less so in fact than the conclusions and inferences he would be likely to draw from the evidence his inquiry adduces.
Besides, what does such ignorance say for his inquisitorial prowess, and or for his attention to important administrative detail?
Liberals worried about their leader's performance this week on same-sex marriage now have another problem to add to the list.
What was it Abbott told his shell-shocked colleagues in the wake of the Bronwyn Bishop crisis? When we talk about jobs and the economy, we thrive.
Not much talk of that at present.
I'd be surprised if he's still Prime Minister at the end of October.
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