South Australian MP Fraser Ellis has lost a bid to have deception charges against him dismissed.
Key points:
Independent MP Fraser Ellis will stand trial on deception charges
He claims he is immune from prosecution because the allowance claims were under parliamentary privilege
His charges rose from an Independent Commissioner Against Corruption (ICAC) investigation
The Yorke Peninsula MP is due to stand trial later this month.
The Liberal-turned-independent is seeking to contest allegations he made 78 fraudulent claims for an accommodation allowance totaling more than $18,000.
He was one of two MPs charged and several investigated for their use of the allowance by the state’s Independent Commissioner Against Corruption after a series of exclusive ABC News stories.
Mr Ellis had argued the case against him should be dismissed, because the allowance claim forms which are the subject of his alleged deception have been tabled in parliament, making them subject to the “absolute protection of parliamentary privilege”.
This morning, Magistrate Simon Smart dismissed Mr Ellis’s application to stay the charges.
The state’s ICAC Act was significantly amended in November last year, after Mr Ellis was charged.
Amongst the wholesale changes, the protections of parliamentary privilege were strengthened, so that ICAC cannot exercise any powers “in relation to any matter to which parliamentary privilege applies”.
Michigan’s Democratic attorney general is calling for a special prosecutor to investigate her Donald Trump-backed challenger after finding evidence linking him to a potentially criminal plot to seize and tamper with voting machines used in the 2020 election, according to a letter obtained by CNN and documents released Monday by the attorney general’s office.
For months, the Michigan State Police and the attorney general’s office have been investigating a series of voting machine breaches that took place in several counties around the state last year. According to the documents released Monday, that probe has led investigators to Kalamazoo-based lawyer Matthew DePerno, a Republican candidate running against incumbent Michigan Attorney General Dana Nessel.
Trump has thrown his support behind DePerno, and he picked up an endorsement earlier this year from Michigan Republican Party activists, paving the way for him to officially become the GOP nominee for attorney general at the party convention later this month. He is one of several Trump-backed election deniers who are currently running to become the top law enforcement officer or the top election official in their states.
Nessel is now asking for a special prosecutor to be appointed to avoid a potential conflict of interest. The investigation into voting machine breaches has unearthed facts that indicate DePerno and two other associates may have broken the law when they “orchestrated a coordinated plan to gain access to voting tabulators,” according to Nessel’s office.
“When this investigation began there was not a conflict of interest. However, during the course of the investigation, facts were developed that DePerno was one of the prime instigators of the conspiracy,” Nessel’s office wrote in an August 5 petition for the Prosecuting Attorneys Coordinating Counsel to appoint a special prosecutor.
The DePerno campaign tweeted a statement late Sunday saying he has reviewed the petition for a special prosecutor and “denied the allegations presented.” The statement also says, “the claims presented by Nessel show a completely unwarranted and erroneous attack based on political prosecution.”
The request from Nessel’s office alleges that DePerno was present in a hotel room in early 2021 when a group of individuals performed unauthorized “tests” on voting tabulators they had seized from multiple Michigan counties – suggesting investigators have evidence that directly links him to the potentially illegal breaches.
“We have requested the appointment of a Special Prosecuting Attorney to review the case for the issue of possible criminal charges against several of the individuals involved. We view the actions of these individuals to be very serious,” Nessel’s office wrote in a letter to Michigan Secretary of State Jocelyn Benson, a fellow Democrat, summarizing the investigation’s findings.
Reuters first reported DePerno’s alleged role in the voting machine breaches. The Detroit News first reported Nessel’s request for a special prosecutor.
In May, CNN reported that Michigan State Police had expanded its investigation into whether third parties gained unauthorized access to voting machine data after the 2020 election, and that the probe was looking into potential breaches in multiple counties. The investigation began in February after Benson’s office uncovered a breach of vote tabulator components in Roscommon County, in rural northern Michigan.
The probe in Michigan reflects a growing number of uncovered incidents around the country where Trump supporters attempted to gain access to voting systems, as part of efforts to overturn or undermine the outcome of the 2020 presidential election. It also comes as several Trump-endorsed candidates have won the Republican nomination for roles that could position them to oversee future elections in key battleground states going forward.
They succeeded in at least one instance in late November 2020, when a team of pro-Trump operatives traveled to Antrim County, Michigan, and conducted an audit of voting systems there, according to court documents released as part of a failed lawsuit filed by attorneys working on behalf of the former President at the time.
The lawsuit was led by DePerno and led to a since-debunked report issued by a team of analysts from a Texas-based company, Allied Security Operations Group, alleging irregularities in Dominion Voting Systems that was consistently cited as evidence in multiple failed legal challenges in Michigan and other swing states. (There is no evidence to support GOP claims of wrongdoing by Dominion.)
Among the evidence investigators in Michigan say they have uncovered as part of their probe into voting machine breaches are digital IDs that DePerno had used as evidence in the failed suit.
“There must be consequences for those who broke the law to undermine our elections in order to advance their own political agendas,” Benson told CNN in a statement.
She added, “The Republican, Democratic and nonpartisan election clerks of this state do their jobs with professionalism and integrity, and we will continue to ensure they are equipped with a full understanding of the legal protections in place to block bad actors from pressing them to gain access to secure election systems.”
The Northern Territory Chief Minister is under renewed pressure to allow the anti-corruption watchdog to access secret cabinet documents that were the subject of a “serious allegation”.
Key points:
The ICAC was told a cabinet submission was allegedly inappropriately edited by a public officer
Michael Gunner declined a request to give the material to the ICAC, citing cabinet privilege
The Opposition says Natasha Fyles should overturn Mr Gunner’s earlier decision
In a report tabled in parliament last month, Independent Commissioner Against Corruption, Michael Riches, said he initiated an investigation after receiving a claim that a cabinet submission had been “edited” by a public officer “so as to be misleading to the true state of affairs”.
However, because current legislation prevents the ICAC from accessing cabinet-related material, Mr Riches said he “invited” then chief minister Michael Gunner to consider handing over the relevant documents.
Mr Gunner declined the request, which Mr Riches said was his legal right, but he added that doing so prevented further investigation.
Opposition leader Lia Finocchiaro has accused the Chief Minister of trying to avoid scrutiny. (ABC News: Che Chorley)
The Opposition has been calling for Ms Fyles, who took over from Mr Gunner in May, to handover the material, given she later agreed to grant the ICAC access to other cabinet-related documents that were the subject of a different allegation.
But during an interview on ABC Radio Darwin on Tuesday, Ms Fyles deflected repeated questions about whether she would overturn Mr Gunner’s earlier rejection of the ICAC request.
Instead, she said it was her understanding that the ICAC’s requests to Mr Gunner and herself related to “the same issue”, although she said she did not know the specifics of the allegation.
“This was at arm’s length, which is why I sound vague on it, because we allowed [the] cabinet office to talk to the ICAC so the ICAC could ascertain within cabinet privilege what he needed, but at the same time, respecting that process of cabinet privilege,” she said.
Opposition Leader Lia Finocchiaro said the Chief Minister was trying to avoid scrutiny.
“Any leader with integrity would make sure the ICAC Commissioner has the information he needs,” she said.
“And the fact that Natasha Fyles can’t even answer simple questions around provision of that information shows that she’s completely hands-off and running from scrutiny.”
ICAC boss reveals new details
Following questions from the ABC, Mr Riches confirmed his requests to Mr Gunner and Ms Fyles for cabinet-related material related to “two entirely separate matters”.
He said the investigation into the matter he raised with Mr Gunner “remains closed” but that he would be “pleased” if the government were to contact him about it.
“The government has my request. It has made its decision,” Mr Riches said.
“If the government wishes to reconsider its position, I would be pleased to hear from them.
ICAC Commissioner Michael Riches said he was anonymously provided with what “appeared” to be cabinet documents. (Supplied)
“But I will not make the request a second time.”
Mr Riches also revealed new details about the matter he raised with Ms Fyles.
“In the second matter, I was actually provided with documents anonymously,” he told the ABC.
“Those documents appeared to be cabinet documents.
“Because the documents were likely cabinet documents I did not read them [other than the title of each document] and they were stored in a safe.”
Mr Riches said he subsequently wrote to Ms Fyles, who did not press a claim of privilege, which enabled him to view the documents under the ICAC Act.
He declined to say whether he is investigating the matter further.
Ms Fyles said the government is currently reviewing the ICAC Act, which will examine whether changes are needed in relation to cabinet privilege.
NSW MP John Sidoti has been suspended from parliament after he was found to have engaged in serious corrupt conduct.
Key points:
Mr Sidoti addressed parliament before the vote
He rejected a request to resign last month from the Premier
The member for Drummoyne has vowed to fight the ICAC’s finding and clear his name
The NSW government moved a motion to suspend the former Liberal MP, after the Independent Commission Against Corruption (ICAC) made a serious corrupt finding against him last month.
Labor and the crossbench supported the motion, which will see Mr Sidoti suspended until at least the end of the parliament sitting year in November.
Mr Sidoti, the member for Drummoyne, strongly denies any wrongdoing and addressed parliament before the vote.
“I am glad to finally address matters that have impacted my life, my family’s lives and the community I serve,” he said.
“Not one shred of evidence existed to support these allegations.
“The gutter elements of the media created a story of misconduct.
John Sidoti addressed parliament, saying “not one shred of evidence existed” to prove the allegations.(AAP: David Swift)
“They alleged that any errors of disclosure indicated attempts to hide wealth acquired through illegal means.
“A complete fantasy, there is no extraordinary wealth.
“Our disclosure guidelines are confusing and I found them complex.”
Mr Sidoti was once the sports minister but has been sitting on the crossbench while the corruption watchdog investigated.
The matter has been referred to the Director of Public Prosecutions (DPP)
Mr Sidoti is also planning legal action.
“To clear your name is a long, expensive process,” he said.
“I’m lodging an appeal in the Supreme Court this week, I’ll be making a submission to have the matter expedited.”
The ICAC found Mr Sidoti improperly used his position to influence the redevelopment of the Five Dock town centre.
The ICAC report said Mr Sidoti wanted planning controls relaxed so that three properties his family owned could benefit from development potential.
Premier Dominic Perrottet phoned Mr Sidoti after the findings, asking him to resign from parliament.
Mr Sidoti said he gave the Premier a two-word answer.
He is the second government MP to be suspended in a motion brought by the government.
Gareth Ward was suspended in March, while he faces indecent and sexual assault charges, he denies the allegations.
South Australian lawyers say “hurried” anti-corruption laws allow public officials convicted of certain crimes to charge taxpayers for their legal fees, and parliament’s handling of the laws “fails the pub test”.
Key points:
The Law Society of SA says it appears convicted public officials can charge taxpayers for things like appeals
The Law Society has written to the Attorney-General asking for clarity around the provision
The government is seeking further advice on the provision in the act
Last week, an ABC exclusive report outlined the implications of a little-understood change to the state’s Independent Commissioner Against Corruption (ICAC) Act.
The legislation was passed unanimously by South Australia’s parliament following less than 24 hours of debate last year.
It allows MPs and public servants to claim their legal costs back for offenses including deception, theft and dishonestly dealing with documents, because those crimes no longer fall within the ICAC Act’s definition of corruption.
Barrister and Center for Public Integrity director Geoffrey Watson last week said the public should be “outraged” by the provision, and he had “never heard of such a generous repayment scheme for government officials at the public’s expense”.
“In simple terms, a politician could be caught out in an act of corruption, defend it, be found guilty and be the subject of scathing observations by a magistrate, and then recover his or her costs for having unsuccessfully defended the matter,” Mr Watson said.
Center for Public Integrity director Geoffrey Watson said last week the public should be “outraged” by the provision.(abcnews)
In a written submission to Attorney-General Kyam Maher, the Law Society of SA said its Civil Litigation Council had examined the provisions to “provide some clarity”.
It found the reimbursement provisions applied at certain points in legal proceedings.
“A public officer who is the subject of ICAC investigation can only apply for legal costs that relate to the investigation itself, and NOT the costs incurred once charged, such as the costs of defending criminal proceedings,” president Justin Stewart-Rattray said.
“The Act does indicate that a person can also be reimbursed for any reviews or appeals arising out of an ICAC investigation.
“The Attorney-General has no discretion to deny reimbursement once the conditions are satisfied … [and] effectively, reimbursement is to be provided unless the person is convicted of an indictable offense that constitutes ‘corruption in public administration’.”
The Law Society provided a written submission to Attorney-General Kyam Maher.(ABC News: Ethan Rix)
The Law Society said it had not formed a position regarding whether such reimbursement was appropriate or not.
It said strict secrecy provisions, “trifling or accidental” offending, and the financial burden placed on individuals “not wealthy enough to fund a private lawyer for prolonged periods” could be viewed as justifications for the provision.
“The Society notes that the question of whether such a policy should be adopted would be a matter for further consultation,” it wrote.
Parliament’s handling of laws ‘fails the pub test’
The Law Society again called for a full review of the legislation, following “extremely limited and inadequate consultation”.
“The Society is concerned by suggestions in recent media coverage that parliamentarians who voted for the ICAC reforms were not aware of or did not fully appreciate the effect of the provisions,” Mr Stewart-Rattray said.
“The Society believes a wider review of the ICAC Act would be appropriate, given other potential knock-on effects of the ICAC reforms that the Law Society has previously identified.
“The public should expect parliamentarians themselves to robustly discuss the merits of proposed legislation.
“When there is an actual or perceived attempt to hurry legislation through with minimal scrutiny, it tends to fail the ‘pub test’.
“But more significantly, it can lead to bad law.”
Law Society of SA president Justin Stewart-Rattray has called for a full review of the legislation.(Supplied: Law Society of SA/Tom Roschi Photography)
Last week, both Premier Peter Malinauskas and Attorney-General Kyam Maher said they would seek further advice regarding the reimbursement provisions.
In a statement, a state government spokesman said: “The Law Society’s views on this matter will be provided to and taken into account by those advising the Attorney-General on this issue.”
Former Liberal MPs Troy Bell and Fraser Ellis are currently before the courts, charged over their use of the Country Members Accommodation Allowance (CMAA).
The scheme allowed regional MPs to be reimbursed for nights spent in Adelaide on official business.
Both are charged with deception offenses for allegedly claiming tens of thousands of dollars they were not entitled to.
Both MPs strenuously deny any wrongdoing.
Irrespective of the outcome in the court, they are eligible to claim legal costs.
A senior NSW government bureaucrat has told an inquiry the lucrative New York-based trade job given to John Barilaro was “put on a slightly separate path” to similar roles.
Key points:
Amy Brown is giving evidence for the second time at the parliamentary inquiry
Trade Minister Stuart Ayres this morning resigned
John Barilaro has withdrawn from the $500,000 a year role
Investment NSW CEO Amy Brown is being grilled for a second time at a parliamentary inquiry into the appointment of the former deputy premier as the state’s senior trade and investment commissioner to the Americas.
This morning, Ms Brown told the inquiry she had a meeting with former trade minister Stuart Ayres on October 12 last year.
The inquiry was shown an email sent by one of Ms Brown’s staff shortly after that meeting, which included the line “the Minister would like to leave the New York post vacant for now”.
Former deputy premier John Barilaro is due to give evidence at the inquiry next week.(AAP: Joel Carrett)
But Ms Brown told the inquiry it had actually been her decision to leave the post open, because of various factors, including tax hurdles and “serious performance issues” with a candidate who had initially been successful in applying for the role, Jenny West.
“I didn’t go into any particular detail about some of the performance issues I was starting to become aware of with regard to Ms West,” she told the inquiry.
“That was more conversations I was having with her team, as at that point, they were directly reporting to me because she was on extended leave.
“I said, ‘well, in light of the fact that we can’t offer anyone the job for some time, is it your view that we should keep that recruitment process closed and reopen it at another time?'”
She told the inquiry that Mr Ayres agreed.
“Any conversation I had with Minister Ayres were, therefore, to a degree, influential on my decision but in my view, it did not amount to undue influence because at all times, I felt that the decision was mine, ultimately mine to make, she said.
Ms Brown was required to give evidence in person this morning. (abcnews)
Labor MLC Daniel Mookhey Ms Brown asked whether this meant the Americas position was put “on a slightly separate path” to other similar roles around the globe, to which she replied “yes”.
“I think it was a pragmatic piece of advice from me that we couldn’t fill the role for some time and his response was, ‘well then it makes sense to keep it vacant,’ she told the inquiry.
“I think we both concluded, given everything that had happened, it would be sensible to go back to market when we were ready to put a contract on the table and when we could take stock of where things were at.”
Mr Ayres, who maintains he has done nothing wrong throughout the process, this morning resigned from the NSW ministry, after weeks of being linked to Mr Barilaro’s appointment.
Mr Barilaro’s appointment has been put under the microscope for several weeks and is the subject of two separate inquiries.
He has since withdrawn from the $500,000-a-year position.
Mr Barilaro is due to appear before the inquiry on Monday.
Premier Dominic Perrottet has also ordered a separate review into the recruitment process for the role.
One of two men accused of impersonating federal law enforcement officials in a scheme that duped Secret Service agents and others pleaded guilty Monday to multiple charges in Washington, DC
Arian Taherzadeh’s plea came nearly four months after his arrest with a second man, Haider Ali, exposed allegations that they compromised Secret Service agents with access to the White House — including at least one assigned to protect first lady Jill Biden.
It also revealed a cache of weapons and police equipment at apartments the two Washington men maintained.
In addition to federal conspiracy, Taherzadeh, 40, as part of his plea, also admitted guilt to two District of Columbia offenses: unlawful possession of a large-capacity ammunition-feeding device and voyeurism.
The latter charge relates to his unauthorized videotaping of women having sex in apartments he leased and rigged with surveillance cameras.
Taherzadeh’s sentencing date has not been scheduled. He faces a maximum sentence of five years in prison, but federal sentencing guidelines stipulated in his plea agreement suggest he receive a prison term of between 37 months and 46 months.
As part of his plea agreement, Taherzadeh agreed to cooperate with federal authorities in their ongoing investigation. He remains free, but cannot leave his home, with few exceptions, as a condition of his court-ordered release of him after his arrest of him.
Prosecutors said he concocted his elaborate series of fake claims of being a federal agent to obtain multiple apartments for which he failed to pay rent, to promote his own security company and to ingratiate himself with current federal officers.
Ali, 36, has pleaded not guilty to charges of false impersonation of a federal officer, and to unlawful possession of a large-capacity ammunition-feeding device in the case, which is pending in US District Court in Washington. Ali is also under effective house arrest.
Prosecutors said that a third person, who was not identified in court filings, participated in the scheme.
Taherzadeh in 2018 created a purported private investigative agency called the United States Special Police, which despite its name was not associated in any way with the US government, prosecutors said.
From late 2018 through April, Taherzadeh falsely claimed to be a special agent with the Homeland Security Department, a member of a federal task force, a former US Air Marshal, and an ex-Army Ranger, according to court filings.
He used those claims to cozy up to Secret Service agents, some of whom he gave gifts, which included a generator and a “doomsday” backpack to one agent, and the use of two rent-free apartments for about a year to two other agents , prosecutors said.
In all, the gifts to members of the Secret Service were worth more than $90,000, prosecutors said.
Taherzadeh’s company obtained leases for multiple apartments in three residential complexes in Washington, but did not pay rent, parking fees and other costs, leading to more than $800,000 in losses to the complexes’ owners, filings say.
And “Taherzadeh installed surveillance cameras outside and inside his apartment in one of the complexes,” the US Justice Department said in a press release.
“Among other places, he installed, maintained, and utilized cameras in his bedroom. He used these cameras to record women engaged in sexual activity. Taherzadeh then showed these explicit videos to third parties,” according to the release.
Four members of the Secret Service were placed on administrative leave pending further investigation after the arrest of Taherzadeh and Ali.
The Victorian government is under pressure to speed up promised integrity reforms, following a scathing report detailing “extensive” misconduct by its MPs.
Key points:
The Greens will introduce legislation this week to fast track anti-corruption measures
The proposed bill aims to stifle the influence of lobbyists and make ministerial diaries public
The government has promised to implement 21 recommendations from an IBAC report by June 2024
The Operation Watts investigation — a joint probe between the state’s ombudsman and the Independent Broad-based Anti-corruption Commission (IBAC) — a covered rampant nepotism and the widespread misuse of public resources within the Victorian Labor party.
The Victorian Greens will introduce an anti-corruption bill when parliament summarizes this week to strengthen IBAC’s powers and establish a Parliamentary Integrity Commissioner within the next few months — almost two years sooner than the timeline indicated by the government.
The Labor Party has promised to implement all 21 of the report’s recommendations, which includes advice to establish a Parliamentary Ethics Committee and an Integrity Commissioner by June 2024.
But Brunswick MP and Greens integrity spokesperson Tim Read said the government should act immediately on the reforms.
Tim Read says integrity issues have been present in Victorian parliament for years.(Facebook: Tim Read Greens)
“There’s no reason why the government couldn’t make a good start on it this year and have an integrity commissioner appointed early next year,” Dr Read told the ABC.
“There’s a lot of precedent to this — it’s not as if there’s a hell of a lot of thought that needs to go into it.”
Catherine Williams from the Center for Public Integrity said the government must start implementing some reforms before November’s state election if it was determined to crack down on corruption.
“It’s very easy for governments to make promises to introduce change, however, we know from past experience what we need to see are steps being taken,” Dr Williams said.
“A commitment is one thing, what we really require is action.”
The Liberal opposition has also backed the push to speed up reforms, with Matthew Guy saying he would be “more than happy to look into it” when parliament returns.
Daniel Andrews has committed to implementing the recommendations from the report.
Premier Daniel Andrews said on Friday the government would be “faithful” to the timeline provided by the integrity agencies.
“Some of it will be able to be achieved quickly, other elements of those recommendations in that reform will take a bit longer, but we’re committed to all of them,” Mr Andrews said.
“If we can better it, if we can do it even faster, then of course we will.”
Reports reveal misconduct likely to be repeated
Last week, a fresh report from the Victorian Ombudsman into Labor’s red shirts affair warned that until corruption was addressed with the “necessary rigour”, the scandals were “unlikely to be the last”.
The calls for urgent reform come amid other integrity investigations involving the state government, including political donations by a property developer linked to big projects.
Concerns were raised over a potential conflict of interest stemming from Lizzie Blandthorn’s appointment as Planning Minister in June, due to her brother’s role as a director at construction lobbying firm Hawker Britton.
Dr Read said while the recent IBAC investigations had shone a spotlight on the state’s weak parliamentary accountability laws, the Greens’ integrity platform was not new.
“For years, there’s been concern about inadequate integrity measures in the Victorian government and parliament — it’s just happened to intensify over the past couple of months,” he said.
Legislation to weaken the influence of lobbyists
Under the integrity and anti-corruption reforms proposed by the Greens, lobbyists would also be prevented from having an undue influence on state MPs.
If passed, the bill would legislate codes of conduct for ministers and lobbyists, make ministerial diaries publicly available and lengthen the waiting period from when a minister leaves parliament before becoming a lobbyist.
“If a minister meets with a property developer, we should know about that,” Dr Read said.
“And if a minister becomes a lobbyist for a property developer, then there should be a time lag between those events.”
In Victoria, parliamentary secretaries and ministerial officers must wait 12 months before taking up lobbying work, while ministers and cabinet secretaries must wait 18 months.
Catherine Williams says governments need to put their words into actions.(Supplied)
Dr Williams said the “cooling-off period” should be a minimum of two years, and ideally, five years.
“Influencing networks don’t dissipate in such a short period, and that’s the purpose of the prohibition,” she said.
“If you want it to be meaningful it needs to be substantially longer.”
In 2019, the Greens attempted to establish a Parliamentary Standards Commissioner, but the bill failed to garner enough votes.
“There’s nothing like being vindicated, however, everybody would have been better off had the government supported us,” Dr Read said.
“And not just the government, but also crossbenchers who voted against the idea.”
The opposition has committed to boosting funding for IBAC and the state’s ombudsman if it wins the November election.
Under the plan, the coalition would pump an extra $10 million into IBAC’s annual budget and increase the Victorian Ombudsman’s funding by $2 million per year. IBAC would also gain broader powers for public hearings.
