by Ganesh Sahathevan
Readers are referred to Rosie Lewis's story in The Australian ,24 December 2015 (copied & pasted below) and in particular this part:
Charged with writing volumes two and three of the spy agency’s official history, Dr Blaxland rejected suggestions from former Liberal minister Neil Brown and a blogger that Mr Lewis had breached sections of the ASIO Act by phoning Liberal backbenchers about their comments on Islam.
The above ,what precedes it, and what follows, which includes a defence of Duncan Lewis by Arthur Sinodinis, who encouraged Mr Lewis to continue expressing his views, shows clearly that Rosie Lewis's story is simple damage control.It is not news, and it is not investigative. I would be surprised if her new EIC ,Paul Whittaker (who was kept informed of all email correspondence between Ms Lewis and me) thinks otherwise,
I will remind readers, and The Australian, that I was primarily concerned with Section 20 of The ASIO Act, and that the facts I relied on were those disclosed in Duncan Lewis's interview with Samantha Maiden, published in the Daily Telegraph, 12 December 2015. Readers are reminded that my article was titled :
There was a follow-up where I repeated the above and made some comment on Section 17A as Neil Brown did, but this was published yesterday(Wednesday).Rosie Lewis on the other hand, in her email to me, made specific reference to my post on Tuesday.
Having said that ,the issue remains as to who instigated Rosie Lewis's story.That she has relied on the ASIO historian John Blaxland reinforces the evidence already presented that the story was instigated by Duncan Lewis and ASIO. In doing so he has FURTHER breached Section 20 of the ASIO Act . It is curious also that Rosie Lewis relies on the words of a historian to counter claims made by Neil Brown, a barrister who is Queens Counsel. While I have never been in practice , I did present a legal argument quoting the relevant sections of the Act, and I did so given my own legal training (LLB,Monash, LLM , Sydney).
To repeat what I have posted on my blog:
"....interference in the work of a journalist critical of the ASIO Director General is clearly a breach of his duties ,stated explicitly in Section 20 of the ASIO Act 1979 , ie that he must ensure ASIO's work is limited to what is necessary for the purposes of the discharge of its functions. It is very hard to see how ensuring that Duncan Lewis keeps his job at ASIO can ever be a discharge of its functions.
Duncan Lewis must go now,and when he does, Rosie Lewis can then write a newsworthy article, rather than cheap PR pieces.Even as a PR piece is does not do very much.The matter of Duncan Lewis and the East Timor debacle remains unanswered.
END
Advising MPs ‘part of job’ for ASIO chief Duncan Lewis
- THE AUSTRALIAN
- SAVE
ASIO director-general Duncan Lewis. Picture: Lukas Coch
Official ASIO historian John Blaxland says the nation’s top spy chief has no authority to direct MPs to remain silent on Islam but declared director-general Duncan Lewis was acting “well within his remit” by advising politicians on national security matters.
As Attorney-General George Brandis said Mr Lewis should talk to MPs to help keep the government up to date on security threats, Dr Blaxland warned those challenging the director-general with “political agendas” not to play with “potential fire”.
Charged with writing volumes two and three of the spy agency’s official history, Dr Blaxland rejected suggestions from former Liberal minister Neil Brown and a blogger that Mr Lewis had breached sections of the ASIO Act by phoning Liberal backbenchers about their comments on Islam.
The sections state the act will not limit the right of people to engage in “lawful advocacy, protest or dissent” and that the director-general will take reasonable steps to ensure the work of ASIO is “limited to what is necessary for the purposes of the discharge of its functions”.
Dr Blaxland said that public education and maintaining a level of awareness and understanding of security threats were “implicit” in Mr Lewis’s responsibilities.
“There’s no question that the director-general doesn’t have the authority to tell an MP not to speak on the subject but that’s not what Duncan Lewis has done, from what I understand,” Dr Blaxland told The Australian.
“In fact, he’s acted well within what most reasonable observers would say is a responsible range of what is understood to be his responsibilities.
“The controversial aspect is not whether Duncan Lewis gave that advice as the premier, pre-eminent security intelligence adviser to Australia.
“The only element of controversy is whether he was prompted to do so for political purposes — that is something I can’t comment on because I don’t know.”
Senator Brandis said the director-general had not done “anything inappropriate at all” and stressed the importance of Mr Lewis being available to MPs “if they want to discuss with him issues of concern”.
West Australian Andrew Hastie, a former SAS captain who has called for reform of extremist Islamic theology, confirmed last week that he was one MP contacted by Mr Lewis but said his freedom of speech had not been impinged upon. Victorian Dan Tehan is understood to talk regularly with the ASIO chief as chairman of the parliamentary joint committee on intelligence and security. Neither have criticised Mr Lewis.
Asked if the calls had angered colleagues, Senator Brandis told ABC Radio: “Nobody has raised this with me as an issue of concern. I have read some media reports with anonymous sources, but I can assure you that one of the most important roles of the director-general of security is to keep the government and the parliament apprised of the threat situation.
“If that means having conversations with members of parliament about the threat situation and the appropriate way to deal with it then that’s exactly what the director-general should be doing, just as his predecessor David Irvine did the same.”
Cabinet secretary Arthur Sinodinos said the saga had been “blown out of proportion” and Mr Lewis had not tried to stifle public debate. He encouraged Mr Lewis to continue expressing his views.
---------- Forwarded message ----------
From: Ganesh Sahathevan <ganesh.sahathevan@gmail.com>
Date: Thu, Dec 24, 2015 at 9:24 AM
Subject: ASIO STRIKES BACK via the Canberra Press Gallery? There seems to have been a fatal breach of Sec 20....
To:
From: Ganesh Sahathevan <ganesh.sahathevan@gmail.com>
Date: Thu, Dec 24, 2015 at 9:24 AM
Subject: ASIO STRIKES BACK via the Canberra Press Gallery? There seems to have been a fatal breach of Sec 20....
To:
by Ganesh Sahathevan
This writer was more than a bit flattered to have received an email from Rosie Lewis of The Australian, "following up your Tuesday post on Duncan Lewis." One was even more flattered to see that Ms Lewis was of the Press Gallery Parliament House.
This writer was more than a bit flattered to have received an email from Rosie Lewis of The Australian, "following up your Tuesday post on Duncan Lewis." One was even more flattered to see that Ms Lewis was of the Press Gallery Parliament House.
Being painfully aware that Canberra Press Gallery journalists seldom if ever have anything to do with freelance journalists running obscure blogs, especially ones with funny sounding names, Ms Lewis was asked who made her aware of my work. In response Ms Lewis would only say that her "chief of staff" whose name I do not know, have never met, nor ever contacted, referred her.
Ms Lewis was the sent at least two further emails requesting the name of her "chief of staff", how that person became aware of my "Tuesday post on Duncan Lewis" and which "Tuesday post on Duncan Lewis" she was referring to.
There is evidence that she has received and read the queries sent her,and therefore it can be reported that Ms Lewis has refused to respond to my queries. Readers are reminded that it was Ms Lewis who first contacted this writer, but now refuses to provide details of who sent her,how my stories (which I know have a limited readership) came to her attention, and what it is she wanted to speak about with regards my "Tuesday post on Duncan Lewis". It does seem as if someone has put Ms Lewis up to this,and whoever that might be, he or she is not a superior at The Australian. While who that person or persons might be is unknown, what is known provides some interesting clues.
What is known is that the Tuesday posts about Duncan Lewis concerned his breach of Section 20 of the ASIO Act and another via email list (email copied below) , questions about whether our chief spy has been compromised. Some of these issueswere raised earlier on this blog. The matters raised in my email,which was sent Duncan Lewis ,Malcolm Turnbull and George Brandis is reproduced below. In essence , I have asked why Duncan Lewis should not share blame in the intelligence failures that led to the East Timor debacle of 1999-2000 and I have asked that Duncan Lewis' role in that intelligence failure be made public. It is he who has sought a public profile based on his work in intelligence and counter-terrorism and he cannot now hide behind a cloak of secrecy, especially in matter concerning his track record.
Putting it all together, it does seem as if Duncan Lewis and his subordinates at ASIO are unhappy if not uncomfortable with this writer's questions concerning Lewis' complicity in the East Timor debacle,and are attempting some cheap spy novel inspired operation to discredit this writer.This should not be surprising given reports over the past weeks about ASIO officers briefing Canberra Press Gallery journalists on the matter of Tony Abbott's call for a reformation of Islam, which they disapprove.
While this writer does not claim equal stature to a deposed prime minister, interference in the work of a journalist critical of the ASIO Director General is clearly a breach of his duties ,stated explicitly in Section 20 of the ASIO Act 1979 , ie that he must ensure ASIO's work is limited to what is necessary for the purposes of the discharge of its functions. It is very hard to see how ensuring that Duncan Lewis keeps his job at ASIO can ever be a discharge of its functions.
Duncan Lewis seems to have embarked on an adventure of self-destruction.He has brought his likely sacking onto himself.
END
Duncan Lewis compromised -Revisiting the allegations of Capt Andrew Plunkett
from:
Ganesh Sahathevan <ganesh.sahathevan@
to:duncan.lewis@ag.gov.au,
duncan.lewis@defence.gov.au.,
senator.brandis@aph.gov.au.,
"Turnbull, Malcolm (MP)" <malcolm.turnbull.mp@aph.gov.
date:Wed, Dec 23, 2015 at 12:58 AMsubject:Duncan Lewis compromised -Revisiting the allegations of Capt Andrew Plunkett
duncan.lewis@defence.gov.au.,
senator.brandis@aph.gov.au.,
"Turnbull, Malcolm (MP)" <malcolm.turnbull.mp@aph.gov.
date:Wed, Dec 23, 2015 at 12:58 AMsubject:Duncan Lewis compromised -Revisiting the allegations of Capt Andrew Plunkett
Continued at link http://realpolitikasia.
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