Wikileaks has broken no Australian law open letter from Solicitor of the Supreme Court (get this mes

By Peter Kemp, Solicitor of the Supreme Court of NSW, on 2010-12-04

Dear Prime Minister
From the Sydney Morning Herald I note you made a comment of "illegal" on the matter of Mr Assange in relation to the ongoing leaks of US diplomatic cables.

Previously your colleague and Attorney General the Honourable McClelland announced an investigation of possible criminality by Mr Assange.

As a lawyer and citizen I find this most disturbing, particularly so when a brief perusal of the Commonwealth Criminal Code shows that liability arises under the Espionage provisions, for example, only when it is the Commonwealth's "secrets" that are disclosed and that there must be intent to damage the Commonwealth.

Likewise under Treason law, there must be an intent to assist an enemy. Clearly, and reinforced by publicly available material such as Professor Saul's excellent article:
www.theage.com.au...
...Julian Assange has almost certainly committed no crime under Australian law in relation to his involvement in Wikileaks.

I join with Professor Saul also in asking you Prime Minister why has there been no public complaint to the US about both Secretaries of State Condaleeza Rice and Hillary Clinton being in major breach of International law ie UN Covenants, by making orders to spy on UN personnel, including the Secretary General, to include theft of their credit card details and communication passwords. Perhaps the Attorney General should investigate this clear prima facie evidence of crime (likely against Australian diplomats as well), rather than he attempts to prosecute the messenger of those crimes.

It is also disturbing that no Australian official has castigated Sweden for the shameful treatment Mr Assange has received ie his human rights abused, in that he has not been charged and served with papers in the English language regarding the evidence against him of alleged sexual offences. This is contrary to Article 6 of the European Covenant on Human Rights to which Sweden is a signatory nation.

Those offences remain unclear and the Swedish prosecutor Ms Ny appears to be making up the law as she wants. It appears now, by Ms Ny's interpretation that when consensual sex occurs but if a condom breaks, the male party is liable to 2 years imprisonment for sexual assault. All this information is publicly available.

An Australian citizen is apparently being singled out for "special treatment" Prime Minister. There are legitimate concerns among citizens here that his treatment by the Swedes is connected to US interests which are against the activities of Wikileaks, and you will note the strident, outrageous (and illegal) calls inciting violence against him in the US in demands for his assassination, by senior influential US politicians.

Granted that in western political circles, Mr Assange is not flavour of the month, but what he is doing in my opinion, and in the opinion of many here and abroad, is vitally necessary to expose American foreign policy failures and potential war crimes and crimes against humanity--not for the purpose of damaging US interests but to make them accountable.

While we have close and a good relationship with the US, there is no doubt that US influence and power is declining. That we appear to be still posturing, (given that declining power and a new paradigm of privately enforced accountability) to the US on the issue of Wikileaks is, Prime Minister, deeply disappointing.

Yours Faithfully
Peter Kemp.

(Readers are encouraged contact the Australian Prime Minister here: www.pm.gov.au...)

* Read more

Absolutly beautiful e-mail very well written and very well defined....I cant wait to see the responce you recieve. Of course it wont be a responce of logical discussion but an automated bull# responce with no answers. i wish i knew enough about law to send them a piece of my mind too but if i sent one id probably be in prison for treatening a pm haha

reply to post by smokingman2006


First off before I respond; are you Peter Kemp?

reply to post by smokingman2006


very well said
when truth gets you killed
all you will hear is lies

xploder

reply to post by smokingman2006


Nice thread relating the truth..
But what do you really expect from the Australian or any western Government??

Lets not forget it was only a few months ago that it was PROVEN Israel stole Australian citizen details and used them to create false passports for Mossad agents..

Where did that go ?
Now forgotten by the average Australian and Israel never held to account..

makes one wonder if the Aust Govt has it's citizens interest at heart.

personally I doubt that they do.

they are busy sucking the corrupt teats of the U.S, China, and Big Business.
Even allowing our farms to be sold off.

reply to post by ownbestenemy


He got it from "WL Central, An unofficial WikiLeaks information resource" that WikiLeaks tweeted.

wlcentral.org/node/480

No one cares about laws all they care about is their dirty little secrets come out in Cable form.

Too bad for them that Julian has already gotten the files uploaded onto about 100,000 computer worldwide mine included.

If anything happens to him or his team in London the keys to opening these file will be automatic sent to those puters.

talk about closing the barn door after the horse has bolted

Peace & health
SM

this is where it gets strange even after this letter from a lawyer saying he has broken no laws we get Australian leading newspaper saying he is the most wanted man double standard are being applied here
SM

Frikkin wonderful letter!

reply to post by galactictuan

yes it should be seen by many more so people stop listen to the crap that is smearing this poor guy
SM

reply to post by smokingman2006

And he isn't a criminal here in the U.S either Mr.Assange is covered under the freedom of the press that's why they have trumped up these charges of rape because they know they can't touch him otherwise,Private Manning is the one person that they can legally persecute under treason,and breaking contract with the U.S military.The government is running scared and I can't wait to see what else wikileaks releases.

Originally posted by CitizenNum287119327
makes one wonder if the Aust Govt has it's citizens interest at heart.

personally I doubt that they do.

they are busy sucking the corrupt teats of the U.S, China, and Big Business.
Even allowing our farms to be sold off.

Don't forget how the Australian government abandoned David Hicks.

Originally posted by ownbestenemy
reply to post by smokingman2006

 

First off before I respond; are you Peter Kemp?

Good question. I hope, it is not Doghead again.