The Forum > Article Comments > Tony Abbott goes back to court in June > Comments
Tony Abbott goes back to court in June : Comments
By Alan Austin, published 13/5/2013David Ettridge is now suing Abbott for an apology and more than $1.5 million in damages, alleging his campaign was unlawful.
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His excuse to the ABC was ‘…misleading the ABC is not quite the same as misleading the Parliament as a political crime’.
The SMH reported that the AEC asked Abbott to disclose his donors, as required by law.
He refused, telling the Commission that before seeking donations -‘I spoke with one of Australia’s leading electoral lawyers who assured me that the trust would not be covered by disclosure provisions.’
The AEC took him at his word and closed the file until forced to reopen it in 2003.
When asked on September 2003 why he took legal advice on secrecy before soliciting for donations, he said -‘I didn’t take legal advice on disclosure till AFTER I got the AEC’s letter. I sought legal advice and got oral advice from a senior lawyer.’
In other words, he lied to the AEC.
This may amount to a criminal act under Section 137.1 of the Commonwealth Criminal Code (1992): the crime of providing materially false or misleading information in compliance with a law of the Commonwealth.
The AEC received draft legal advice in April 2004 suggesting there was sufficient evidence to issue a notice under section 316(3A) of the Commonwealth Electoral Act to require Mr Abbott to produce documents.
The man who had decided to let Abbott off the hook was named Brad Edgman, head of the AEC’s Funding and Disclosure branch. Brad Edgman does not have legal qualifications.
When the AEC reconsidered, Abbott was on leave overseas. The reason he wasn’t charged on his return was because the matter had exceeded the Statute of Limitations.
If it was all honest, open and above board, why did he take deliberate steps to have his association with the slush fund hidden?
It comes down to a matter of character.