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PARLIAMENT OF AUSTRALIA HOUSE OF REPRESENTATIVES Speech BILLS Foreign Death Penalty Offences (Preventing Information Disclosure) Bill 2015 Tuesday, 26 May 2015 Clive Palmer – Member for Fairfax Mr PALMER (Fairfax) (10:59): I move: That this bill be now read a second time. Policing relies on trust and community support. In considering this bill I will set out for the House the true facts and circumstances of the Bali Nine .We can only imagine how the father of one of the Bali Nine is feeling following his decision to do the right thing, based on the legal advice of his barrister, to approach the Australian Federal Police to report breaches of section 541 of the Queensland Criminal Code and breaches of section 11.5 of the Commonwealth Criminal Code 1995. In terms of section 541 of the Criminal Code (Queensland) a conspiracy to commit a crime carries a term of imprisonment of seven years. Why then did the AFP fail to carry out its duty to arrest Scott Rush and allow him to leave Australian jurisdiction without being arrested knowing he was likely to face the death penalty in Indonesia? Why did the Indonesian authorities not allow the Bali Nine to be arrested in Australia? Australian courts refuse to extradite a person to face the death penalty in a foreign land. Why then should public servants and politicians not be held accountable to the same standard as Australian courts and Australian justice? Passing this bill will hold them to that standard and protect and defend the lives of all Australians. The government and the opposition must allow a free vote on this bill; Australians demand it. It seems to me that the AFP officers committed a serious malfeasance when they failed to carry out their duty to arrest the Bali Nine in Australia when they knew they had committed a serious crime in Australia. I seek leave of the House to table copies of the letters written by the AFP to the Indonesian National Police on 8 April 2005 and 12 April 2005. Leave granted. Mr PALMER: Contrary to the information given in the course of the recent AFP media presentation, these letters demonstrate that the AFP was aware no later than 12 April 2005, of the identity of eight of the Bali Nine. Contrary to what was said in the course of the AFP press conference they knew that the drug involved was heroin. They had detailed particulars of how the drug was to be carried and the part that was to be played in the operation by Chan. Multiple legal advice confirms the AFP had sufficient evidence to arrest Scott Rush on a charge of conspiracy prior to him leaving Australia. The AFP officers who failed to take such action should in the circumstances resign as officers of the AFP as they have destroyed the trust the Australian public had in the AFP to act honourably at all times, put the life of Australians ahead of any other matter and uphold Australian law in Australia. The AFP did not act honourably when acting on information provided by Scott Rush’s father. The AFP letter sought the cooperation of the Indonesian authorities with a view to allowing all eight of the couriers to return to Australia, subjecting the identified eight to Australian law. Indonesian law enforcement authorities had no regard for the AFP’s plan and were more interested in arresting them in Indonesia. Was it a fight over promotions? One wonders how the AFP can trust Indonesian authorities in the future. 106 The Last Sentry at the Gate: Clive Palmer & the 44th Parliament of Australia


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