A traitor politician who Australia’s top spy said “sold out his country” to a foreign power several years ago has still not been prosecuted, and police are unable to explain why.
Australian Security Intelligence Organisation (ASIO) Director-General Mike Burgess revealed in February that the politician betrayed “their country, party and former colleagues to advance the interests” of the other nation, but refused to identify them.
Mr Burgess said at the time that the activity was not a criminal offence since it occurred before foreign interference laws were passed by federal parliament in 2018, but independent senator Gerard Rennick last week demanded to know why the traitor had not been charged for breaching the Commonwealth Criminal Code.
“Are you aware of section 142.2 of the Commonwealth Criminal Code Act, which says: ‘A Commonwealth public official commits an offence, if the official engages in conduct with the intention of obtaining a benefit for himself or herself’?” Mr Rennick asked in Senate estimates on Monday.
“How does that ex-politician who sold out his country not fall into this category? And why is ASIO claiming that this official can’t be prosecuted?”
“Firstly, I’m not aware of that law. I’m not a law enforcement agency so I wouldn’t expect me or my agency to be across that. We don’t do prosecutions,” Mr Burgess replied.
“Okay. I understand that you’ve received correspondence from barristers to make you aware of that particular legislation. So I’m a bit surprised that you’re claiming that you’re not aware of it, because—and I’ve tabled it—correspondence has been sent to you. Anyway, now that you are aware of it, are you prepared to actually prosecute this politician on the basis that they sold out their country?” Mr Rennick asked.
“Again, I’m not law enforcement. I have no ability to prosecute anyone,” the spy boss answered.
The following day Mr Rennick raised the matter with representatives of the Australian Federal Police along with a criminal complaint made by a Brisbane barrister alleging the traitor politician breached section 142(2) of the Commonwealth Criminal Code.
“I’m in touch with the barrister and he says that after four months you’ve failed to progress this complaint and you haven’t got back to the barrister at all. Could you explain why you haven’t done that?” Mr Rennick asked.
“I guess my question to you is, given that it’s a serious issue about treason, regarding an elected politician or a former elected politician that may have been a minister or a lobbyist. Could you please explain why you didn’t respond to the barrister about his concerns?”
Deputy Commissioner Barrett from the AFP responded that she would have to obtain more information before answering and would take the question “on notice”.
“Could you explain why this issue hasn’t been addressed with more urgency prior to now, given that there was quite a bit of correspondence coming from the barrister towards the AFP and ASIO? Why hasn’t it been acted upon given the serious nature of the alleged crime?” Mr Rennick asked
“I will take that on notice,” Ms Barrett responded.
Mr Rennick later told his social media followers that it “beggars belief” that the politician has not been prosecuted.
“Why aren’t ASIO and the AFP upholding the law in what is possibly the worst case of political espionage in Australia’s history?” he asked.
In 2021 Mr Burgess informed the Australian public that a “nest of spies” had been operating with impunity in Canberra, but like in the case of the traitor politician did not name the foreign country involved.
Then-prime minister Scott Morrison and his successor Anthony Albanese also kept quiet about the adversary responsible and instead signed damaging trade and immigration deals, but in June ABC’s Four Corners revealed that India was behind the espionage operation.
At least four spies were expelled, some who had been working as diplomats at India’s high commission, which made headlines earlier this year when the country’s former high commissioner, Navdeep Suri Singh, was ordered to pay $97,000 to a former staffer he made work in “slave-like” conditions at his Canberra home.
Header image: Left, Mike Burgess. Right, stock image (Unsplash)
