AFP grilled in Senate committee over undercover operation involving autistic 13-year-old boy
Josh Butler
The Australian federal police says they “didn’t take lightly” an undercover operation where a magistrate found police encouraged an autistic 13-year-old boy in his fixation on Islamic State after his parents sought help from the authorities.
But Greens senator David Shoebridge accused the AFP of “radicalising” the boy, who had an IQ of 71, calling it an “obscene abuse of power”.
Guardian Australia reported last week on the case of the boy, given the pseudonym Thomas Carrick, who was charged with terror offences after an undercover officer “fed his fixation” and “doomed” the rehabilitation efforts Thomas and his parents had engaged in, a Victorian children’s court magistrate found.
Appearing in a Senate committee this morning, AFP deputy commissioner Ian Mccartney claimed it was “a decision I didn’t take lightly”.
There was a set of exceptional circumstances and the decision to approve a controlled operation was due to the escalation of threat, the need to protect the community but at the same time, taking into account the age of the individual, in what I must say is a very challenging and complex matter.
McCartney said there had been “a spike in similar cases in recent years, the radicalisation of youth predominantly online, and predominantly unfortunately with mental health being a factor”. He said the combination created “significant challenges”.
It did get to the stage and the decision was made jointly between the AFP, Asio and Victoria police that the threat, the real threat, had escalated to such a level that we had to take action.
But Shoebridge, the Greens senator from NSW responded: “The court found it was in fact the AFP that was radicalising the child.”
He went on to read the magistrate’s conclusion, that the AFP “in attempting to radicalise TC for the purpose of gaining evidence to prosecute TC for the offences for which he’s been charges, the AFP has completely and inevitably undermined the therapeutic process initiated by TC’s parents”.
Key events
Man denies throwing much-loved chicken to alligators
A man accused of throwing a chicken known as Betty White into an alligator pen in front of shocked families at a popular NSW wildlife park has indicated he’ll plead not guilty to animal cruelty, AAP reports.
The case against Peter William Smith, 57, of Singleton, was briefly mentioned in Raymond Terrace Local Court today. High-profile defence lawyer Brian Wrench said Smith, who was not in court, planned to plead not guilty to one count of aggravated animal cruelty.
“This is an allegation about an alligator eating a chicken,” Wrench told Magistrate Justin Peach. He said the alleged act described was like something out of a David Attenborough documentary.
Peach ordered police to prepare the brief of evidence against Smith by March 4 and adjourned the case to March 18.
Court documents revealed police claimed Smith committed an act of aggravated cruelty on “a silkie bantam chook” between 2.57pm and 3.10pm on 2 January at the Oakvale Farm and Fauna World at Salt Ash.
Police had attended the wildlife park after reports the much loved chicken known as Betty White had been snatched from an enclosure and thrown into the alligator pen.
In a statement released after the silkie hen was killed, Oakvale Farm owner Kent Sansom said management and staff had been deeply saddened by Betty White’s fate:
This is the first time in our 43 years that we have had a member of the public (allegedly) engage in such cruelty in what is an animal sanctuary.
Betty White was hand-raised at the park and had played a crucial role in our endangered species breeding program for the bush stone curlew and other species by providing surrogacy to the chicks.
Her quiet nature means she would not hesitate to approach a customer for some animal pellets…
Paul Karp
Treasury did not provide electorate analysis of cuts
At the cost-of-living inquiry, the Coalition senators are now cross-examining Treasury officials about claims in the media about Treasury analysis of the impact of Labor’s tax cuts.
The deputy secretary, Diane Brown, said one report citing Treasury as the source of a claim about an electorate impact was “not true” because Treasury doesn’t collect information on an electorate basis and did not do such an analysis.
Another Treasury official confirmed it does provide “geographical based data” on the impact of tax cuts, a breakdown by postcode. He said:
I don’t know how to make postcodes into electorates.
Our story noted that the source of the claim that 85% of voters in Coalition seats would be better off was the treasurer, Jim Chalmers’, office.
The hearing has ended, as Labor senator Karen Grogan insisted she had a hard out at noon.
Two arrested in Adelaide after 139kg of cocaine found in shipment of buses
Two Victorian men have been arrested in Adelaide after 139kg of cocaine, hidden in a shipment of luxury buses, was seized.
According to a statement from the Australian federal Ppolice, the two men, aged 22 and 19, are expected to face Port Adelaide magistrates court today, charged with attempting to possess a commercial quantity of cocaine.
The investigation began after intelligence identified an alleged importation of cocaine, concealed in a consignment of 13 luxury buses on an international cargo ship bound for Adelaide, via Perth.
Border Force officers searched the buses after the ship arrived into Fremantle Harbour, and located a number of packages in four of the buses – which tested positive for cocaine.
The buses were offloaded on arrival into Adelaide and on 3 February, the men allegedly forced entry into the buses and retrieved the consignment. They were subsequently arrested in a Port Adelaide hotel and charged, refused bail and remanded in custody.
The pair face a maximum penalty of life imprisonment if convicted.
AFP detective superintendent Melinda Adam said:
This seizure of the 139kg of cocaine has stopped a potential 695,000 individual street deals from hitting our streets and causing significant harm to our communities and economy, with an estimated street value of $45m.
Severe weather warning for parts of NSW and ACT
The Bureau of Meteorology has issued a severe weather warning for heavy and locally intense rain and damaging winds over parts of NSW and the ACT.
The warning area includes the Southern Tablelands, South West Slopes, parts of the Central Tablelands, Central West Slopes and Plains, the Riverina, Lower Western, Upper Western and ACT districts.
#Severe Weather Warning
for #HEAVY, LOCALLY #INTENSE RAINFALL and #DAMAGING WINDS
For people in Southern Tablelands, South West Slopes and parts of Central Tablelands, Central West Slopes and Plains, Riverina, Lower Western, Upper Western and ACT districts. pic.twitter.com/E804jrUrXS— Bureau of Meteorology Australian Capital Territory (@BOM_ACT) February 5, 2024
Hit-and-run investigation after body found on M1 motorway in northern NSW
A man whose body was found on a major interstate highway could be the victim of a hit and run, police say.
Emergency services were called to the Pacific Motorway, which connects Sydney with Brisbane, near Tweed Valley Way at Chinderah about 5.30am on Monday.
Police said a body was found on the roadway outside the northern NSW town, which sits near the Queensland border.
A crime scene has been established as police investigate the circumstances, including the possibility that the man was killed in a hit-and-run incident.
He is yet to be formally identified.
Traffic diversions are in place and drivers have been urged to avoid the area and anyone with information about the incident or dashcam footage from the area is urged to contact police.
– from AAP
Paul Karp
Coalition probe losers under Labor tax plan
Circling back to the cost-of-living inquiry, where Liberal shadow finance minister, Jane Hume, has been grilling Treasury officials.
Hume is asking the Treasury how many Australians will be worse off under Labor’s tax plan, as she notes that $28bn more is taken in tax over 10 years.
Treasury officials said in the current year 11.5m people will be paying less tax. Labor caucus was told that amounts to 84% of Australian taxpayers being better off.
Over a decade, “the bottom deciles will be better off in the medium term”, the officials said.
So, it sounds like that 84% better off shrinks to 70% over the decade. Hume asks to know the number of Australians worse off, but doesn’t get a precise figure.
The call now passes to Labor’s Karen Grogan who suggests the cost-of-living committee shouldn’t have bothered with a hearing today at all. Apparently they’re all coming back on Friday. Lucky them!
Ben Roberts-Smith appeal begins
Daisy Dumas
Ben Roberts-Smith’s attempt to overturn the grim findings of his defamation case against the Sydney Morning Herald and the Age has begun.
In the 10-day appeal, prominent silk Bret Walker SC will argue that federal court Justice Anthony Besanko made an error in his reasoning when he found Roberts-Smith to be complicit in the murder of four unarmed Afghan men, including that of Ali Jan in 2012.
The defamation case against the Sydney Morning Herald, the Age and the Canberra Times by the former Special Air Service soldier and Australia’s most decorated living soldier found in the newspapers’ favour after ending in June 2022.
Walker told the trio of federal court judges in his opening remarks:
The difference between killing that occurs in the course of duty permitted by a civilised system of law and killing which is not so authorised and is therefore not excused by the activities of war … that difference is of course at the heart of the case.
He questioned the weight given to evidence and said that “it is common ground … that these are allegations of the utmost seriousness with a gravity of consequence for our client which I don’t need to dwell on”.
Litigation brought by the soldier, who was not in court this morning, began in 2018. The million-dollar case was bankrolled by Kerry Stokes, Seven West Media chairman.
Thunderstorms expected to sweep NSW today
The Bureau of Meteorology says thunderstorms are expected across much of NSW today.
Severe thunderstorms are possible for many locations, with the risk of heavy rainfall and damaging wind gusts continuing through this evening and into early tomorrow.
#Thunderstorms are expected across much of the state today. Severe thunderstorms are possible for many locations, bringing a risk of heavy to locally intense rainfall and damaging wind gusts.
The risk could continue through to late this evening into possibly early Tuesday. pic.twitter.com/PM7DpFcJ4K— Bureau of Meteorology, New South Wales (@BOM_NSW) February 4, 2024
Meanwhile, severe thunderstorms with heavy rain and flash flooding are possible in south-west Queensland today, west around Charleville.
Locally intense rainfall is also a risk near ex-Tropical Cyclone Kirrily, in the Channel Country.
Linda Burney pays tribute to Lowitja O’Donoghue
Minister for Indigenous Australians, Linda Burney, has paid tribute to Lowitja O’Donoghue while speaking to ABC TV this morning, noting that her “legacy will be felt for generations to come, maybe forever”.
O’Donoghue, a Yankunytjatjara leader and activist, has died at the age of 91.
Burney spoke about the personal impact O’Donoghue has had on her:
She was absolutely a well-used term: a role model.
She was the next generation on from me and many of us young Aboriginal women at the time in the 90s, the 80s, [who] looked at Lowitja and saw possibility … in her presence, you just felt it. You felt her graciousness, you felt her kindness, but you also felt very much the fact that she could be very stern. And that sternness was always about teaching a lesson.
One of … my most precious possessions is in fact this little owl [necklace] which was given to me by Lowitja when I did the oration. She loves owls, apparently she had them everywhere. Her niece, Deb, gave this to me, and I wear it in honour of her today.
Paul Karp
Cabinet didn’t get tax cut proposal 10 days in advance
The Liberal shadow finance minister, Jane Hume, is grilling Treasury officials about what advance notice cabinet had of proposed income tax cut changes.
The cabinet handbook explains that usually submissions are circulated 10 working days before endorsement, unless the prime minister, the cabinet or cabinet secretary waives that notice requirement.
Diane Brown, the deputy secretary of the revenue group, has confirmed the 10-day rule didn’t apply to the stage-three tax changes, which were processed as a short notice submission.
Hume then reads the section of the cabinet handbook that explains why you might not want to do a short-form submission:
When ministers bring matters before their cabinet colleagues that have not been subject to the full submission process, it increases the risk that the cabinet’s decision will result in unforeseen and unintended consequences. It weakens the ability of the cabinet to apply scrutiny from a whole-of-government perspective and ultimately undermines the cabinet system itself.
Labor senator Karen Grogan accused Hume of asking political questions and badgering the witnesses, suggesting she should ask the questions to a member of the executive on Friday.
Hume claimed the changes have been “botched” and she is concerned the prime minister “lied to the public” and the public service may be “complicit”. Brown rejected this, the public service were not complicit in a lie.
Josh Butler
David Shoebridge accuses AFP of ‘radicalising’ children
More from the Senate committee hearing this morning (see last post).
David Shoebridge went on to claim: “The radicalisation was happening as a result of the actions of your own officers. Do you accept the magistrate’s finding?”
AFP deputy commissioner Ian Mccartney: “We acknowledge the magistrate’s finding. we accept the finding … ”
Shoebridge: “You’re radicalising the kids. You’re radicalising a 13-year-old boy with autism. Has anyone been held to account? Have you been held to account? Has the undercover operatives been held to account?”
“It was not our position, not our intent … ” McCartney began, as Shoebridge cut in “you did it”.
McCartney: “The person was on the path to radicalisation long before we became involved, long before Victoria police became involved.”
Shoebridge: “It was the AFP that recommended he become a sniper and a suicide bomber. It was the AFP that put this in his mind. A 13-year-old boy with autism and an IQ of 71. Is anyone held to account for this obscene abuse of power and authority.”
McCartney: “Senator, that was not our intent and not our purpose.”
He continued that there was “a range of reviews” ongoing about the case, and said he would come back to the committee in future with more information. Shoebridge continued angrily, claiming there had been no consequences for the officers involved.
Shoebridge’s line of questioning was cut short by Labor senator and committee chair Helen Polley.
AFP grilled in Senate committee over undercover operation involving autistic 13-year-old boy
Josh Butler
The Australian federal police says they “didn’t take lightly” an undercover operation where a magistrate found police encouraged an autistic 13-year-old boy in his fixation on Islamic State after his parents sought help from the authorities.
But Greens senator David Shoebridge accused the AFP of “radicalising” the boy, who had an IQ of 71, calling it an “obscene abuse of power”.
Guardian Australia reported last week on the case of the boy, given the pseudonym Thomas Carrick, who was charged with terror offences after an undercover officer “fed his fixation” and “doomed” the rehabilitation efforts Thomas and his parents had engaged in, a Victorian children’s court magistrate found.
Appearing in a Senate committee this morning, AFP deputy commissioner Ian Mccartney claimed it was “a decision I didn’t take lightly”.
There was a set of exceptional circumstances and the decision to approve a controlled operation was due to the escalation of threat, the need to protect the community but at the same time, taking into account the age of the individual, in what I must say is a very challenging and complex matter.
McCartney said there had been “a spike in similar cases in recent years, the radicalisation of youth predominantly online, and predominantly unfortunately with mental health being a factor”. He said the combination created “significant challenges”.
It did get to the stage and the decision was made jointly between the AFP, Asio and Victoria police that the threat, the real threat, had escalated to such a level that we had to take action.
But Shoebridge, the Greens senator from NSW responded: “The court found it was in fact the AFP that was radicalising the child.”
He went on to read the magistrate’s conclusion, that the AFP “in attempting to radicalise TC for the purpose of gaining evidence to prosecute TC for the offences for which he’s been charges, the AFP has completely and inevitably undermined the therapeutic process initiated by TC’s parents”.
Heatwave persists into the week after sweltering night
Parts of Australia have sweltered through the night with heatwave conditions kicking off the working week, AAP reports.
By 9am on Monday, the temperature in Sydney’s CBD had already reached 28C, but the high humidity pushed the apparent temperature to 32.9C.
In the west, Penrith was forecast to tip 37C by the hottest part of the day with a possible thunderstorm expected in the afternoon.
Several towns in the Hunter region, north of Sydney, were likely to experience highs of 40C or above.
It follows a sweaty Sunday night with minimum temperatures in the high teens to mid-20s across the state, reaching the mid- to high-20s in the north.
A heatwave warning is in place for the NSW mid-north coast, Hunter, northern tablelands, south coast, central tablelands and north-west slopes regions until Tuesday.
Melbourne also had a warm night, followed by a cool and drizzly day today. It’s currently 20C in the city, after reaching 22C at midnight.
Heatwave conditions were also forecast for Western Australia and the Northern Territory. In the territory, Tennant Creek was expected to tip 41C, while Alice Springs would reach 42C.
Paul Karp
Treasury official grilled at cost-of-living inquiry over stage-three tax revamp
Treasury deputy secretary for revenue, Diane Brown, is at the cost-of-living inquiry being grilled about when Treasury was asked to draw up advice about revamping stage-three tax cuts.
Brown said that on 11 December secretary, Steven Kennedy, met with the treasurer, Jim Chalmers, then Kennedy debriefed with senior officials, revealing they had been tasked to consider cost-of-living relief through the income tax system.
Treasury gave the advice on Saturday 20 January, the weekend before the cabinet adopted the changes on Tuesday 23 January.
Brown said the Treasury is “always looking” at issues in the economy like inflation and the need for cost-of-living relief – which suggests there was some forethought about possible stage-three changes.
She said:
The secretary had been thinking about how to provide cost-of-living relief that didn’t add to inflationary pressures. He was considering at about the same time how adjusting personal income rates and thresholds could provide broad-based relief to all taxpayers … We were concerned that bracket creep still be returned, that the envelope still be the same. The secretary was interested in whether there were any other benefits.
Giridharan Sivaraman welcomed as new race discrimination commissioner
The Australian Human Rights Commission has welcomed the appointment of Giridharan Sivaraman as the new race discrimination commissioner.
Commission president, Emeritus Professor Rosalind Croucher, said:
For decades, the fight for systemic equality and speaking truth to power have been at the heart of Mr Sivaraman’s work. His distinguished legal career has seen him lead significant cases in workplace and discrimination law, which, coupled with his public advocacy for the rights for racially marginalised communities, has led to tangible results that have improved and empowered people’s lives.
Sivaraman is currently chair of Multicultural Australia and a principal lawyer at Maurice Blackburn, and will commence his new role on 4 March.
Croucher said:
There has been a marked increase in reports of racism and hate speech in recent months, and it is therefore vital that we amplify efforts to empower communities to address racism at its root causes and continue our public campaign to take action to combat racism.
Kylie’s Grammy award, explained
As Sian Cain reported earlier, Kylie Minogue has won the inaugural Grammy for best pop dance record for her song Padam Padam.
With all the industry-speak at the Grammys it can get confusing, but there’s a noted difference between a “record” and a “song” at the award ceremony.
A record – which Minogue was awarded for – honours the performing artist first and foremost, as well as the producers, the sound engineers, the master engineer and the sound mixers.
Awards for songs, however, honour the songwriter(s).