Unfortunately, but understandably, the vast majority are not across the detail of the AWU fraud investigation. Much of that can be attributed to a Labor friendly media.
On the issue of forthcoming proceedings in the Victorian Magistrates Court on 15 October:-
. Victorian Fraud Squad detectives executed a search warrant on 17 May 2013 on Slater & Gordon offices and seized files and documents relating to the AWUWRA, the property purchased at Kerr Street, all personnel files relating to Julia Gillard including time sheets and travel records, the full exit interview between Gillard and Gordon and files relating to Blewitt and Wilson.
. Bruce Wilson has made a claim of legal professional privilege. The seized files are currently being held by the Court.
. On 28 August 2013, Detective Sergeant Ross Mitchell applied to the Court for the seized files to be released to police for use in its investigation into the AWU fraud.
The application states in part:
"These documents are potentially the subject to a claim of client legal privilege."
Further:
If the documents are found to be prima facie subject to privilege "the applicant will submit that the claim should be rejected on the grounds that the contents of the documents prepared by Mr Wilson or solicitor/s at Slater & Gordon [or both] were made in furtherance of the commission of a fraud or an offence: See S.125 of the Evidence Act 2008."
. S. 125:
" 125. Loss of client legal privilege-misconduct
(1) This Division does not prevent the adducing of evidence of-
(a) a communication made or the contents of a document prepared by a client or lawyer (or both), or a party who is not represented in the proceeding by a lawyer, in furtherance of the commission of a fraud or an offence or the commission of an act that renders a person liable to a civil penalty; or
(b) a communication or the contents of a document that the client or lawyer (or both), or the party, knew or ought reasonably to have known was made or prepared in furtherance of a deliberate abuse of a power.
(2) For the purposes of this section, if the commission of the fraud, offence or act, or the abuse of power, is a fact in issue and there are reasonable grounds for finding that-
(a) the fraud, offence or act, or the abuse of power, was committed; and
(b) a communication was made or document prepared in furtherance of the commission of the fraud, offence or act or the abuse of power-
the court may find that the communication was so made or the document so prepared.
(3) In this section, power means a power conferred by or under an Australian law."
---------------------------
. Det. Sgt. Mitchell's application can be viewed here in full: http://www.michaelsmithnews.com/2013/09/detective-sergeant-ross-mitchells-application-to-the-melbourne-magistrates-court.html
. on 15 October 15 the Court will hear argument as to whether the Police may have access to the documents fo ruse in the investigation.
. the import of the highlighted parts of the Application is that client privilege should be waived because the documents were prepared in furtherance of a criminal offence.
. Julia Gillard prepared the documents in question, along with former fellow partner, Bernard Murphy - who Gillard conveniently appointed a Federal Court Judge on 13 June 2011.
. From The Australian on 19 February 2013:
"SENIOR public servants who advised the Gillard government on the $400,000-a-year appointment of a Federal Court judge were not made aware that the successful candidate was the legal mentor, former colleague and longtime friend of the Prime Minister.
Documents released under Freedom of Information to The Australian show that the public servants who helped manage the selection process, including background checks, did not know of the long-standing relationship between Bernard Murphy and Ms Gillard until it was raised in media reports in 2011, soon after the appointment was approved by cabinet.
Mr Murphy was Ms Gillard's manager in the industrial unit at Slater & Gordon lawyers until they both left the firm around the time of the Australian Workers Union "slush fund" affair in late 1995.
Mr Murphy had recruited Ms Gillard to her job as a solicitor at the firm in Melbourne" ------------------------------------
That the Fraud Squad regards Gillard as "a person of interest" is demonstrably clear to anyone who understands the criminal law processes.
Just over a year ago in parliament, Gillard boomed: "Who is Michael Smith anyway?"
---- Well, Ms Gillard, he is what is called the Complainant, and he understands that revenge is a dish best served cold.
