Dear Mr. Mike Keelty/Australian Federal Police Commissioner,
I'm writing to you about a matter that has troubled me, that I believe warrants a criminal investigation, as a serious commonwealth offence may have been committed.
Over the past few weeks a number of prominent Australians including an unnamed former cabinet minister have made serious allegations about the Prime Minister Mr. John Howard, the Sydney radio commentator Mr. Alan Jones and the chairman of the Australian Broadcasting Authority Professor David Flint, they have alleged that around the time of the 2001 Federal election Mr. Alan Jones told the Prime Minister to reappoint Professor David Flint to chair the Australian Broadcasting Authority. It's also alleged that he told the Prime Minister that he would use his radio program to campaign against the government during the 2001' Federal election campaign if Mr. John Howard did not reappoint Professor Flint as chairperson of the Australian Broadcasting Authority.
Communication that has been tabled in the public arena between Mr. Jones and Professor Flint may have sparked off this chain of events. It's also alleged by an unnamed former government Cabinet Minister that the Prime Minister ordered the then Communications Minister Mr. Richard Alston to rewrite a cabinet submission to recommended that Professor Flint be reappointed to the A.B.A.
It's interesting to note that in 2001 Mr. Flint was reappointed as chairman of the Australian Broadcasting Authority, Mr. Jones threw his support behind the Prime Minister during the 2001 election campaign and the Coalition government and the Prime Minister were re-elected as a consequence of the number of Federal seats the Federal government was able to hold and win in Sydney.
I have stood as an Independent Victorian Senate candidate in the last six Federal elections (including the 2001 Federal election) I understand that under the Commonwealth Electoral Act 1918 Part XXI ? Electoral offences 326 Bribery, that bribery is a criminal act.
326 Bribery
(1) A person shall not ask for, receive or obtain, or offer or agree to ask for, or receive or obtain, any property or benefit of any kind, whether for the same or any other person, or an understanding that: (a) any vote of the first-mentioned person; (b) any candidature of the first-mentioned person; (c) any support of, or opposition to, a candidate, a group of candidates or political party by the first-mentioned person; (d) the doing of any act or thing by the first-mentioned person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of any elector; or (e) the order in which the names of candidates nominated for election to the Senate whose names are included in a group in accordance with section 168 appear on a ballot paper; will, in any manner, be influenced or affected.
Penalty: $5,000 or imprisonment of 2 years, or both.
(2) A person shall not, in order to influence or affect:
Penalty: $5,000 or imprisonment for 2 years, or both.
(3) This section does not apply in relation to a declaration of public policy or a promise of public action.
I believe that the public allegations that have been made by a number of prominent Australians require a Federal Police Criminal investigation to establish if these allegations have any substance and whether enough evidence exists to recommend a prosecution under the Commonwealth Electoral Act.
This matter goes much further than the alleged behaviour of the three men involved. It strikes at the very heart of the electoral process and the integrity of the institutions that ensure that this process is above reproach. In order to uphold the integrity of the electoral process it's important that serious consideration be given by the Federal police into launching a criminal investigation into the allegations that have been made.
I understand that the Federal police in making a decision to reject or accept a matter for investigation, give regard to the nature of the alleged crime, the effect of the criminality involved and the resources required for the investigation.
Although significant Federal police resources may be required to conduct a criminal investigation into the allegations raised, the nature of the alleged crime destroys the community's belief in the fairness of the electoral process, a cornerstone of the constitutional arrangements that govern the relationship between Australian citizens and the institutions that make up the Commonwealth of Australia. I believe the serious nature of these allegations warrant a Federal Police criminal investigation.
Thank you for taking the time to address my concerns.
Yours sincerely,
Dr. Joseph TOSCANO / Spokesperson Anarchist Media Institute