Goodbye job applications, hello dream career
Seize control of your career and design the future you deserve with LW career

‘Ugly, shameful secret’: Rex Patrick commences action to reveal confidential documents in Bernard Collaery prosecution

Amid Bernard Collaery’s ongoing and highly secret prosecution, independent senator Rex Patrick has commenced action in the Administrative Appeals Tribunal to overturn a decision by John Howard’s government to block the release of cabinet papers that detail the Timor Sea boundary negotiations.

user iconNaomi Neilson 16 August 2021 Big Law
Bernard Collaery
expand image

Rex Patrick, who has been very vocal on ending the prosecutions of Bernard Collaery and Witness K, said it is “embarrassing” that the federal government would continue to pursue criminal charges against Mr Collaery for allegedly revealing the “discreditable truth” of Australia’s espionage operations against Timor-Leste in 2004. 

Former prime minister John Howard’s approach to Timor Sea negotiations remains an “ugly secret”, despite unsuccessful attempts to reveal cabinet submissions and minutes relating to the Timor Gap negotiations. This was most noticeable in January this year, when the National Archives released all other cabinet documents. 

Advertisement
Advertisement

“Dirty secrets shouldn’t be left to moulder in the dark vaults of our National Archives,” Mr Patrick said. “After decades of controversy, revelations of spying and highly secret criminal trials, it’s high time that the whole story is revealed so that Australian-Timorese relations can move forward on the new basis of trust and transparency.” 

Mr Patrick added that the cabinet submissions and content of the cabinet decision are being withheld because it could cause “damage to the security, defence or international relations of the Commonwealth”. Specifically, it asserted that the “public disclosure of this information and other relevant documents could be used by organisations or individuals… to take counter measures against security operations”. 

It is already a matter of public record that the Howard government took a “very hard line” by asserting territorial claims and the interests of Australian energy companies at the expense of East Timor’s rights and economic needs. At the time, East Timor’s leaders and United Nations officials were concerned that Australia had been using its access to East Timor’s telecommunications network to spy on negotiators. 

“It appears likely from the very beginning of negotiations that the Howard Government engaged in underhand tactics to steal energy resources from a new and impoverished nation. The redacted cabinet submissions may well include inside information about UNAET and Timorese negotiating positions,” Mr Patrick said. 

He added that the bugging of the Timorese cabinet room, referred to by former intelligence officer Witness K in his affidavit, was “likely not the beginning”, but a continuation of espionage operations against East Timor’s leaders and the United Nations “from the moment that Timor-Leste was freed from Indonesian rule”.

“The redacted submissions and cabinet decision are a key part of the history of a shameful episode in Australia’s diplomacy, a story that continues to this day with the unjust prosecution of Bernard Collaery,” Mr Patrick said. “These cabinet papers should not be left in the government’s black hole of embarrassing secrets.” 

You need to be a member to post comments. Become a member for free today!