Wednesday 15th of May 2024
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not appealing characters...

no appeal

 

THE Australian Federal Police says it’s moving in the Ashbygate matter, but it apparently still cannot get its collective head around the difference between an appeal and seeking leave to appeal.

The matter has apparently now been assigned to Steve Lancaster, who basks in the title Assistant Commissioner Crime Operations. This at least seems like a move in the right direction.

Steve doesn’t seem to grasp an essential point when he states:

I am conscious that some of the (Rares) findings are the subject of appeal action in the Federal Court, scheduled to be heard on 2 and 3 May 2013.

Mr Ashby’s conduct is central to the overall matters alleged in your correspondence and the AAFP would be unable to effectively investigate the activities of alleged co-conspirators in isolation of Mr Ashby’s conduct.

What he doesn’t grasp is: There Is No Appeal.

He continues:

It would be inappropriate and inconsistent for the AFP not to consider closely the outcome of the Federal Court Appeal proceedings to ensure no compromise of the judicial process and undermine any future investigation.

Once again…. There Is No Appeal.

http://www.independentaustralia.net/2013/politics/appeal-of-the-afp/

 

no appeal...

Mr Slipper points out, correctly, that the AFP has it wrong about there being an appeal in train; in fact, only leave to appeal has been sought, and only by Ashby’s lawyer Michael Harmer — not Ashby, and certainly not Brough, who is not even a party to the action:

While Justice Rares made adverse findings against a number of people who were not parties to the action (Brough, Doane and Harmer), only Harmer has sought leave to appeal. An appeal is not as of right and can only occur if leave is granted by the Court.

To my knowledge, Brough and Doane (unlike Harmer) are not seeking to contest the Judge’s adverse findings against them and thus have not sought leave of the Court to challenge His Honour’s findings.

http://www.independentaustralia.net/2013/politics/ia-exclusive-slipper-and-perrett-discuss-afps-brough-probe-suspension/