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Australia:
Police raids on ultra-right party set dangerous precedent
By Linda Tenenbaum
7 February 2000
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Extensive police raids on the offices of the ultra-right wing
One Nation Party in two states have passed largely without comment
from any of Australia's civil liberties organisations, let alone
the press. Yet they represent a significant intervention by the
state into the internal affairs of a political party and establish
a dangerous precedent for the future.
On January 20, simultaneous raids were conducted at One Nation's
national office in the Sydney suburb of Manly and its Queensland
office in Ipswich, near Brisbane. Fourteen NSW and six Queensland
police officers spent seven hours searching both premises, downloading
computer files and seizing documents. About 20 boxes containing
hundreds of computer files, correspondence, financial records
and other material were removed from the Manly headquarters, while
officers seized the hard-drives of all the computers in the Ipswich
office.
News crews were apparently tipped off in advance, assembling
outside the offices an hour earlier and subsequently filing reports
that were splashed across the print and electronic media.
The raids amounted to a fishing expedition on the part of Queensland's
Police Fraud Squad (PFS) to try and find evidence of criminal
fraud against One Nation's leadershipPauline Hanson, national
director David Ettridge and NSW upper house MP David Oldfield.
They formed part of Operation Tier, instigated by the PFS last
year in the wake of a Queensland Supreme Court judgment that One
Nation's registration as a political party in that state was "induced
by fraud and misrepresentation".
In a highly political ruling, Queensland Supreme Court Justice
Rosalyn Atkinson declared last August that One Nation was "completely
controlled" by Hanson, Ettridge and Oldfield, who knew the
party did not have the 500 members required to register a political
party with the state's Electoral Commission. The 500 names were
fraudulently submitted, she ruled, because the three leaders were
in fact One Nation's only members.
There was no dispute that the 500 people whose names were submitted
had been checked by the Electoral Commission and considered themselves
members of One Nation. Technically speaking, however, Hanson,
Ettridge and Oldfield were the party's only membersthe result
of an undemocratic legal and financial structure that they had
adopted to prevent any internal opposition to their leadership.
The 500 signatoriesin most cases unbeknownst to themselveswere
in fact members of the Pauline Hanson Support Movement and its
successor, Pauline Hanson's One Nation Members Inc. This information
was seized upon by Atkinson to rule that the party's registration
was thus invalid.
The Supreme Court challenge was mounted by a disgruntled former
One Nation election candidate, Gold Coast accountant Terry Sharples,
with the support of key figures in the political establishment.
In the June 1998 Queensland state election One Nation fielded
dozens of candidates, winning an unprecedented 23 percent of the
vote and 11 seats in state parliament. Sharples, however, was
unsuccessful. After the poll, he demanded reimbursement from One
Nation for his campaign expenses. From an original claim for funds,
his case became a vehicle for a full-scale legal and media assault
on the party. His initial solicitor was Paul Everingham, a leading
light in the Liberal Party and former chief minister of the Northern
Territory. During the case evidence came to light that Sharples
had been financially backed by Tony Abbott, the Howard government's
Employment Minister.
As a result of Atkinson's ruling, Hanson, Ettridge and Oldfield
are personally liable to repay the $450,000 in state electoral
funding that One Nation received.
Under the Queensland Electoral Act, electoral fraud is also
punishable by six months' jail or a $1,500 fine. However, because
Atkinson's judgment came more than one year after One Nation had
registered as a political party, the electoral commission was
unable to bring a prosecution. Accordingly, state Electoral Commissioner
Des O'Shea called on the state's Crown Law Officer to refer the
matter to the Police Commissioner for investigation under the
fraud provisions of the Criminal Code.
The police raids were timed to occur just before a three-member
Supreme Court panel was due to hand down its judgment on an appeal
lodged by One Nation's leaders against Atkinson's original ruling.
The appellate court heard the appeal last October and a decision
is due this month.
While police spokesmen argued that Operation Tier concerned
possible criminal charges, not just offences under Queensland's
electoral legislation, and therefore had nothing to do with the
appeal, the raids are clearly highly prejudicial to its outcome.
If the appeal fails, One Nation may also face deregistration at
the federal level and in New South Wales. That would make its
leadership liable to repay the estimated $5 million the party
received as a result of the votes it won in the October 1998 federal
elections and the 1999 NSW state election.
Moreover, if charged under criminal law, One Nation's leaders
face possible jail, heavy fines and life-long disbarment from
parliament.
The Supreme Court's decision underscores the highly political
character of the electoral laws in Queensland as well as in other
states. The requirement of 500 membersan entirely arbitrary
figureis specifically designed to place substantial barriers
in the way of any challenge to the mainstream parties. It also
provides the state with a permanent rationale for prying into
the status of a member or the membership as a whole of any registered
party.
Moreover, state electoral funding, which is calculated according
to how many votes are received, is dependant upon a party being
registered. Internal disputes over funds can thus be used to trigger
an official investigation into a party's membership and affairs.
That is precisely what happened in this case. The Supreme Court
seized upon Terry Sharples' grievances concerning One Nation's
anti-democratic structurea matter for its membership, not
the judiciaryto rob it of the right to participate in parliamentary
elections. The police then used the court's ruling to justify
launching criminal proceedings.
Had powerful forces not decided to come in behind Sharples,
his gripes would have evaporated into thin air. No-one would have
ever heard of him. The media and layers of the ruling elite decided
to use his case to pursue their agenda of destroying One Nation.
The full significance of the police raids can only be grasped
in the context of the rise, decline and fall of the One Nation
phenomenon.
In 1996 Pauline Hanson, the party's founder, was picked up
and promoted by the ruling class as part of an effort to shift
official politics sharply to the right. Hanson was accorded celebrity
status and her bigoted, racist and xenophobic views given saturation
media coverage.
Pauline Hanson's One Nation was launched with political and
financial assistance from layers within the Liberal party's right
wing. Initially, under conditions of growing social inequality
and mounting social tensions particularly in rural and regional
areas, the organisation attracted a motley array of disaffected
and confused members of the major parties, neo-fascists and self-seeking
political careerists. Intended as a lightning rod to divert social
discontent into a right-wing direction it soon began to get out
of control.
The volatility of the situation, and the extent of popular
discontent with the major parties exploded onto the surface in
the 1998 Queensland elections. One Nation's 23 percent vote and
11 parliamentary seats rocked the political establishment to its
foundation. From being pampered and promoted Hanson and her entourage
found themselves out in the cold. Before the elections, no objections
had been aired about the party's constitution or its autocratic
structure. Having become a threat to parliamentary stability,
One Nation rapidly became the subject of intense scrutiny and
censure.
No-one should be under any illusions about the motivations
guiding this about-face in official circles. The very layers now
leading the opposition to One Nation are the ones who helped set
it up. Moreover many of One Nation's policies have been taken
on board by all the major parties, including increasingly punitive
measures against refugees, cuts to immigration intakes, the introduction
of "work-for-the-dole", the scrapping of welfare rights
and the undermining of Aboriginal social programs.
In his resignation as One Nation's national director on the
weekend before the police raids, David Ettridge admitted as much
when he declared that he felt his work had been completed. One
Nation had given the political establishment a "wake-up call,"
he said, forcing them to adjust their policies.
The police raids, under the auspices of a criminal investigation,
have become the means by which One Nation is being removed from
the political arena. While initially aimed against an extreme
right wing outfit, the whole modus operandi that has been set
in motiona complaint, followed by court action and then
criminal investigationconstitutes a dangerous precedent
for use against any party considered to be a threat to the existing
order.
See Also:
The rise and decline
of Pauline Hanson's One Nation
[9 March 1999]
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