on 25-08-2014 09:12 AM
Truth overboard at Gillian Triggs’ inquiry on children in detention
Well done to Scott Morrison he ripper her and made her look stupid and a liar and this inquiry a political witch hunt
Well done to Immigration Department secretary Martin Bowles as well as he put her in her place after the blatant LIES she told...
Worth watching the video and Gillian Triggs squirm when she is exposed as a liar
THE Human Rights Commission president must resign after turning her inquiry on children in detention into a political witch-hunt last week.
Gillian Triggs’ behaviour was unforgivable for someone with semi-judicial powers, able to force witnesses to appear under threat of jail.
We cannot have the head of an inquiry showing such bias, heckling witnesses and making false and emotive claims from the bench to make the Christmas Island detention centre seem a hellhole.
Nor can we have an inquiry head giving media interviews attacking witnesses and summing up the issues before hearing all the evidence.
We also cannot have an inquiry head refusing to correct explosive claims about suicide attempts in detention when they’ve been debunked.
It is now impossible to have confidence in Triggs’ impartiality.
In fact, it’s hard not to suspect her inquiry is designed to reach a prejudged conclusion — to damn the Abbott Government’s successful border laws.
The very fact that Triggs, a law academic, called this taxpayer-funded inquiry is highly suspect.
The last time her commission looked into this issue was 2004 — which, what a surprise, was when the Howard government was stopping the boats, too.
No further inquiry was held in the seven years of Labor’s Rudd and Gillard governments, during which the border laws were weakened, luring more than 1200 men, women and children to their deaths and filling detention centres to bursting.
No, Triggs, appointed by Labor in 2012, waited until another Liberal government was back in power, stopping the boats and emptying the detention centres.
Sev Ozdowski, the former human rights commissioner responsible for the 2004 inquiry, calls this timing “very odd”.
“When the boats were arriving in large numbers and Labor was at its peak of cruelty towards the boat arrivals, (the commission) almost did not see the problem.”
But Triggs is now on the case, seemingly filled with a righteous anger at the Abbott Government, even though the boats have now stopped and the number of children in detention more than halved.
Last month, for instance, she claimed “we’ve had reports that have been confirmed during the day that 10 women have attempted suicide” on Christmas Island.
False. There has been only one case of self-harm by a woman that could with any credibility be described as “attempted suicide”. And, no, Madam President, sipping some shampoo does not qualify.
Triggs also claimed last month she’d visited the detained children on Christmas Island and “almost all of them, including the adults, were coughing, were sick, were depressed, unable to communicate (and) weak”, which made her want to ask: “What’s going on? Why is this child not being treated?”
False again. Sick children are indeed being treated and the Government hotly disputes Triggs’ claim that almost every detained child on Christmas Island is sick.
Told this, Triggs — with her inquiry still to hear from Immigration Minister Scott Morrison — gave another media interview rebuking Morrison as needing “to be better advised”, and insisting “all children should be removed from the detention centres and placed in the community”.
Er, isn’t that the very thing the inquiry is meant to determine at the end of the hearings, and not near the start? Should an inquiry head really be attacking witnesses even before they’ve given their evidence?
But if all that was bad, last week was a disgrace.
Morrison appeared before her inquiry and Triggs flew for his throat: “How can you justify detaining children in these conditions for more than a year when there is no evidence that this is the policy that is stopping the boats but rather Operation Sovereign Borders, however you define it, with three-star generals or civilian authorities, whatever name you put to it, the reality is that physical force and power have stopped these boats?”
Not biased? Triggs?
On it went.
Triggs insisted “the people on Christmas Island are being detained in a prison effectively” because on her three visits she had noticed “you cannot get into any of the sections without going through armed guards”.
That infuriated the Immigration Department secretary Martin Bowles, who protested at Triggs’ “emotive statements”.
“It is not fair to characterise the detention system as a jail,” he said, and Triggs should correct a falsehood.
“We do not have armed guards, President. I would like you to acknowledge that.”
Triggs would not, despite being repeatedly challenged on her “facts”.
But if the head of an inquiry can see armed guards where there are none, and a prison where there are only pool fences, what else is she imagining about what she’s supposed to impartially judge?
No, Triggs must resign. She is meant to confront injustice, not commit it.
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on 27-08-2014 05:07 PM
@am*3 wrote:"His brother was then dragged out of the dormitory room by the guard before being continually hit by other G4S guards with the butts of their guns, the witness alleges in a statement obtained by Fairfax Media that was made to Papua New Guinea's government and dated March 26 [2014]"
I thought the point was there WERE armed guards employed? In Feb this year, under the LNP Govt.
julia wrote: WERE there? NOT according to this report:https://www.immi.gov.au/about/dept-info/_files/review-robert-cornall.pdf
icy wrote: Very interesting reading thank you, Julia.
___________________________________________________________________________________________________
Answering julia: Yes, according to the witness statement obtained by Fairfax, which is what I referred to in previous posts, and isin bold & underlined above.
did you read the report?
I states the G4S guards were not armed.
That it was the PNG police mobile squad and their supporters went over the fence that had been pushed over by the rioters and started beating them.
Apparently the transferees had been taunting them and making racist remarks to the local PNG service providers of the centre over some period of time.
It also states that it's a punishable offence for any PNG law enforcement officer not to participate in the quelling of a riot.
on 27-08-2014 05:20 PM
THE AUSTRALIAN
Labor to defence of 'combative' Triggs
August 27, 2014
LABOR has leapt to the defence of Australian Human Rights Commission president Gillian Triggs after her conduct during the children in immigration detention hearing was openly criticised by Coalition MPs.
The Australian understands West Australian backbencher Ken Wyatt told the joint Coalition partyroom meeting that he believed Professor Triggs had overstepped her role during last Friday’s hearing in Canberra.
But Labor’s legal affairs spokesman Mark Dreyfus accused the Liberals of attempting to politicise an independent agency and described it as an extraordinary attack.
During the inquiry, Professor Triggs clashed with Immigration Minister Scott Morrison several times, even suggesting there were armed guards at Christmas Island and likening the centre to a prison. Both Mr Morrison and Immigration Department secretary Martin Bowles protested at her combative comments.
A Coalition spokesman said an MP was “very critical’’ of Professor Triggs during yesterday’s joint partyroom meeting and had “thought she had stepped beyond her appropriate role and he was particularly critical of her attacks on public servants’’.
He also applauded Mr Morrison for doing a “tremendous job’’.
The comments were met with a “visible murmuring of approval’’ by those in the room, as well as “here heres’’.
But Mr Dreyfus said he found it extraordinary that Coalition MPs had criticised Professor Triggs, and that Attorney-General George Brandis “has seen it as not appropriate for him to step in and defend a very senior member of the Australian public service’’.
“The Attorney-General’s role should be to defend Gillian Triggs against the kind of criticisms that have been expressed,’’ Mr Dreyfus said.
Former human rights commissioner Sev Ozdowski, whose 2004 report was instrumental in securing the release of children from detention under the Howard government, told The Australian yesterday that Professor Triggs had to be above politics in her inquiry into children in immigration detention.
on 27-08-2014 05:24 PM
lightningdance wrote: A Labor lackey who will not get her tenure renewed.
????
Triggs retired as Dean of the Sydney Law School to take up her appointment as the President of the Australian Human Rights Commission for a period of five years commencing 30 July 2012.
She will be around longer than Abbott and Morrison.
on 27-08-2014 10:26 PM
@*julia*2010 wrote:She might not have lied directly, but she certainly tried to embellish the truth, and it backfired on her.
from new matilda.com
Triggs: “…I’ve been there three times, you cannot get into any of the sections without going through armed guards, etc etc”
Bowles: “we do not have armed guards”
Triggs: “…I don’t need to...."
Bowles: “we do not have armed guards”
Triggs: “…to describe them as not prisons…”
Bowles: “we do not have armed guards President, I’d like you to acknowledge that”
Triggs: “I’m not sure, but I’m, I’m, um, aahhhh”
I would be very keen to see a link to the article in New Matilda where this conversation has been transcribed from.
I am a New Matilda subscriber and I haven't seen this. Neither is this the way the conversation went which is why I would be keen to see the article because it's not like New Matilda to make errors like this.
If you would like to hear the conversation and the unsuccessful attempts that TRiggs made to discuss this without interruption, then here is the actual recording. I think this section is around the 1 hour 40 mark (give or take 20 minutes either side).
on 27-08-2014 10:28 PM
Either way, I am with she-el and waiting to understand why a detention centre is not (apparently) a prison. Or even where Triggs compared it to Long Bay Gaol.
If any LNP supporters could enlighten me on this point I would be eternally grateful.
on 27-08-2014 10:34 PM
on 27-08-2014 10:44 PM
Not all prisons are maximum security icy. In fact most prisons are not and generally many inmates of prisons that are not maximum secrity have a freedom that those in our detention centres do not.
I should also point out that we don't actually call them prisons in Australia. They are called correction centres or facilities. The people in these correction centres are imprisoned whilst they await trial or they have been committed to time as punishment for crimes.
I should also point out that we do not imprison CHILDREN in any correctional facility, low or high security. Unless they are the child of an asylum seeker or an orphan travelling alone on an asylum seeking vessel.
Don't you think the last point is an issue?
27-08-2014 11:50 PM - edited 27-08-2014 11:54 PM
This was posted as a comment on newmatlida, below the following article
https://newmatilda.com/2014/08/22/morrison-defends-detention-delays-during-appearance-hrc-inquiry
Comment:(23 Aug at 18:54)
The article concludes with this paraphrased selective quote:
Triggs, formally a Dean of Law School at the University of Sydney, fired back.
“I know a prison when I see it,” she said.
A full video in full context is here:
Public hearing ACT - National Inquiry into Children in Immigration Detention
https://www.youtube.com/watch?v=FvPPOTLRrrk
Mr Morrison and Mr Bowles are involved from time segment 7:30.
This is the full context, starting at time segment 1:24:54, hard to transcribe because some of it is said at the same time but the section related to the end sentence in this article is:
Triggs: "...I've been there three times, you cannot get into any of the sections without going through armed guards, etc etc"
Bowles: "we do not have armed guards"
Triggs: "...I don't need to (garbled)..."
Bowles: "we do not have armed guards"
Triggs: "...to describe them as not prisons..."
Bowles: "we do not have armed guards President, I'd like you to acknowledge that"
Triggs: "I'm not sure, but I'm, I'm, um, aahhhh"
Bowles: "I'd like you to acknowledge that, we do not have armed guards"
Triggs: "I will check that with my clients then because some of those guards are armed..."
Bowles: "well I, again, again President, I would like you to check that and I would like you to retract that"
Triggs: "well I ah"
Morrison: "I'd just like to understand what the president is suggesting"
Triggs: "The point I'm making is..."
...
Triggs: "...on any analysis that is either locked detention or a prison"
Morrison: "well Madam President you would've been to many gaols and prisons..."
Triggs: "indeed"
Morrison: "...and are you suggesting that Long Bay Gaol is the same as a pool fenced Alternative Place Of Detention at Phosphate Hill on Christmas Island"?
Triggs: "............um, I would like to move on but basically I have been a practicing lawyer since I was 22 years old so I know a prison when I see it"
Morrison: "Madam President, I've just asked you, you've said that these places are prisons, now you've been in prisons, so you're telling me that the Phosphate Hill Compound on Christmas Island is the same as Long Bay Gaol?"
Triggs: "I'm not saying they're equivalent, I'm saying that the, the, prison facilities..."
Morrison: "Well, we can move on then I think Madam President"
Triggs: "Ok..."
on 27-08-2014 11:56 PM
Ignore the sad smiley up there a : and ( to close together.
on 28-08-2014 09:29 AM
so, he was trying to bully her into saying someting she had no intention of saying