Court hears of Slipper’s distress over sex claims




Updated May 19, 2012 13:37:27

The Federal Court in Sydney has heard a sexual harassment case against Federal MP Peter Slipper has deeply disturbed him and may be an abuse of the legal process.

Justice Stephen Rares has started hearing the civil case that political adviser James Ashby lodged against Mr Slipper and the Commonwealth.

Mr Ashby alleges Mr Slipper only hired him in order to pursue a sexual relationship.

Mr Ashby’s lawyer, Michael Lee SC, has told the court the case should be heard before a jury because it has community and social values.

He says witnesses will include doctors.

Mr Lee says it is not a matter of allegations being thrown around lightly like the components of a Jackson Pollock painting.

But Josh Bornstein, acting for Mr Slipper, says his client has been ambushed and his character assassinated.

Mr Bornstein told the court documents were released to the media before they were even served on Mr Slipper or his legal team.

He said the way the case has been handled could be an abuse of the legal process.

At yesterday’s directions hearing, Justice Rares told the parties involved it was hard to believe the case was going to take up five days of the court’s time.

Earlier, the Commonwealth Government Solicitor challenged Mr Ashby’s initial claim, saying he did not take genuine steps to resolve the dispute and asking why he did not raise the issue before taking legal action.

In a statement, solicitors for the Commonwealth say it “was never given any opportunity to address the conduct, to change Mr Ashby’s work arrangements, to take ameliorating steps or to offer compensation in relation to the conduct alleged, or its effect.”

The statement goes on to say Mr Ashby’s actions in not taking any steps before litigation “has resulted in all parties incurring greater legal costs, the protraction of the matter, and the loss of an opportunity to resolve or at least narrow the matters in issue”.

It says it is an inefficient use of the Federal Court’s time.

As has been the case since the allegations were first raised, a spokesman for Mr Ashby quickly responded with a media statement, saying his client had feared reprisals from the Federal Government.

“A reason the Commonwealth and Mr Slipper were not notified of the complained behaviour prior to lodging the claim was that our client feared reprisal not only by Mr Slipper but by the Federal Government as his ultimate employer,” the statement said.

“Taking the matter into the public domain gave him the best form of protection against reprisal.”

‘Political football’

Mr Ashby has also complained to the Human Rights Commission about comments Foreign Minister Bob Carr and Nationals Senator Barnaby Joyce have made about him.

Earlier this month Mr Carr tweeted that “This Ashby seems more rehearsed than a kabuki actor.”

Kabuki is a Japanese form of theatre featuring a highly stylised performance.

The following day, Senator Joyce told the media: “If you are going to play marriage guidance counsellor, you’ve got to hear both sides of the story.”

He then went on to describe him as “only slightly less dodgy than Slipper”.

But Senator Carr says the seriousness of the complaint lodged by Mr Ashby against Mr Slipper means the issue should not have become a “political football”.

He cited Mr Ashby’s contact with several Coalition members before he made the complaint, including with Mal Brough, who is seeking Liberal National Party pre-selection to run against Mr Slipper in the seat of Fisher at the next federal election.

Mr Carr says he does not regret his comments over Mr Ashby’s action, which he says seem to have been filtered “well and truly” through the political process.

“I think it would have been far better for all concerned if it had been presented cleanly to the proper authorities without all the meetings that have taken place in the halls of Parliament,” he told 7.30.

“Let me say again, sexual harassment is serious.

“Precisely because of that, if there is a complaint, take it to the authorities – don’t have a meeting with your employer’s political opponent on three occasions.

“In Australia and around the world there are a lot more serious cases of infringement of human rights than this.”

Michael Harmer, who is representing Mr Ashby, says public attacks on people who complain of sexual harassment will discourage other people from coming forward.

Mr Harmer says the Foreign Minister was also given the opportunity on ABC TV’s Lateline program to withdraw his remarks, but declined.

Federal Independent MP Andrew Wilkie has also joined the call for the Foreign Minister to be reprimanded for his comments.

Mr Wilkie says it was appalling behaviour by both Senator Joyce and Senator Carr.

“I think the Prime Minister should publicly – if she hasn’t already – reprimand the foreign minister and in the case of Senator Barnaby Joyce I think the Nationals leader and the Coalition leader need to reprimand him,” Mr Wilkie said.

“These are very serious allegations, whether we think they’re nonsense or not.

“We need to respect the person who has made the allegations, and they need to be allowed to be aired and judged in the appropriate forums.”

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First posted May 18, 2012 10:34:24




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