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Lateline -

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With refugee advocates Tony Abbott.

This Parliament has stood up for Australian decency. This Parliament has stood up for Australia
taking proper responsibility for the people who come to these shores and now this weak, intercept
now this weak, intercept and soulless Government is the will of this Parliament.

I have made an important policy decision on behalf of the nation. And that policy decision is that
we should everything we can to break the people smuggler's business model. I am determined that we
will pursue the agreement with Malaysia.

Julia Gillard today stared down the stared down the coalition's challenge to the Malaysian Solution
Julian Assange we reveal tonight the policy will now be tested in the High Court.

This Program is Captioned Live

Good evening and welcome to 'Lateline'. Irm's Tony Jones. The Malaysian shution as a human face.
This woman and her four year old is on the government says they've beanie marked for deportation to
another country. No attempt has been made to assess whether they're genuine refugees. They've
single out along They've single out along with 272 other people on Christmas Island because their
boat arrived after a certain date. The problem is that the woman's husband, the boy's father, is
already in Australia and he has been assessed to be a legitimate refugee. Yet the Government
refused to allow this family to be reunited. That's being challenged in the High Court. That's fate
will be decided. Later we'll cross to Victor Meldrew burn to speak to the lawyer leading the
charge, David Manne. That's coming up. Our other headlines. Abu Bakar Bashir gaoled for 15 years
for planning and funding terrorism. Victoria's Police Commissioner bows out after being criticised
by the State's Ombudsman.

Parliament puts Malaysia deal in doubt

Parliament puts Malaysia deal in doubt

Broadcast: 16/06/2011

Reporter: Tom Iggulden

The Coalition and the Greens have united in Federal Parliament to condemn the Government's Malaysia
refugee deal.


TONY JONES, PRESENTER: In a rare alliance, the Coalition has sided with the Greens to embarrass the
Government over its hardline stance on asylum seekers. A motion was passed through both houses of
Parliament condemning the Malaysian deal.

The Government shrugged off that defeat, but found itself at odds with its independent allies after
surprising them with a plan to mount an advertising campaign for the carbon tax.

Political correspondent Tom Iggulden reports from Canberra.

TOM IGGULDEN, REPORTER: A political headache in search of a panacea.

GREG COMBET, CLIMATE CHANGE MINISTER: Well it's obviously a tough, hard debate, but that's fine.
That's very important reform and we'll continue to argue it out.

TOM IGGULDEN: And the argument for a carbon tax might have another string. The Government's put
aside $12 million taxpayer for an ad campaign, but says if one goes ahead, it'll be responsible.

GREG COMBET: There will be conformity with the government guidelines on campaign advertising.

TOM IGGULDEN: The Opposition's not convinced ...


TOM IGGULDEN: ... and it's dipping into the Prime Minister's past to make the point.

JULIA GILLARD, PRIME MINISTER (2007): I'm always worried when the Government takes taxpayers' money
and uses it for its own politics to try and save its political hide rather than in the interests of
the nation.

GREG HUNT: In 2007 Julia Gillard made it absolutely clear that she would oppose any political
advertising. This is naked political advertising. It is because the Government is desperate.

TOM IGGULDEN: The Government says $12 million is a tenth of what John Howard spent on his
WorkChoices ad campaign.

GREG HUNT: Well, that's a matter for those who were involved in it at the time.

TOM IGGULDEN: But the Government's advertising plan is also alienating its independent allies on
the climate change committee.

ROB OAKESHOTT, INDEPENDENT MP: This is a dumb call at the wrong time.

TONY WINDSOR, INDEPENDENT MP: It almost puts us in a position where we're endorsing the spending of
public funds on propaganda, and I'm not prepared to do that.

TOM IGGULDEN: A deal on the carbon tax is moving into the fraught final stages and the independents
don't appreciate the appearance of a done deal.

TONY WINDSOR: I don't think it's terribly prudent to announce a sum of money to promote something
that doesn't exist and then say it's going to have to go through a process for vetting as to
whether it's actually spent when if something does exist. I think it's - there's obviously other
motives in it.

JOURNALIST: What are those other motives?

TONY WINDSOR: I'll leave that to you guys.

TOM IGGULDEN: And as the Government found ways to alienate its allies, the Coalition forged a
temporary alliance with the Greens.

SPEAKER: The result of the division is: ayes 70, nos 68.

TOM IGGULDEN: Tony Abbott backed a Green's motion to condemn the Government's Malaysia asylum swap
deal, and in a first, the motion passed both houses.

TONY ABBOTT, OPPOSITION LEADER: This parliament has stood up for Australian values. This parliament
has stood up for Australian decency. This parliament has stood up for Australia taking proper
responsibility for the people who come to these shores.

TOM IGGULDEN: The motion won't stop the deal going ahead and Julia Gillard says she's being the
responsible one by ignoring it.

JULIA GILLARD: We will be taking the toughest possible further action to deal with people
smuggling. I'll allow the Leader of the Opposition to be stuck in a welter of inaction if that's
where he would prefer to be.

TOM IGGULDEN: The Greens want to take the issue further though. They've moved a bill that would
have the power to stop the Malaysia deal, but it'd also constrain a future Coalition government
from proceeding with its preferred option of reopening the Naura detention centre and the
Opposition is showing much less enthusiasm for this latest manoeuvre.

Tom Iggulden, Lateline.

Refugee family case taken to High Court

Refugee family case taken to High Court

Broadcast: 16/06/2011

Reporter: Peter Lloyd

Refugee Lawyer David Manne has started a High Court challenge to reunite a family split by the
Government's proposed Malaysia refugee deal.


TONY JONES, PRESENTER: The Federal Government's refugee swap deal with Malaysia is under legal
challenge tonight.

Lawyers have launched a High Court action on behalf of a woman and her four-year-old son on
Christmas Island.

Her husband has been granted refugee status and is in Australia.

The mother and the son arrived after the Government announced that no new arrivals will be
processed in Australia but will be sent to a third country.

Lawyers say that removing the woman and her child breaches Australian and international law.

Peter Lloyd reports.

PETER LLOYD, REPORTER: On the day the Coalition and the Greens combined in Parliament to demand the
deal to swap refugees with Malaysia be abandoned, the Government found itself fighting on a new
front: the High Court.

Late today, papers were lodged in a case that could undermine the Gillard Government's so-called
Malaysia solution before it even begins.

It centres on the plight of this woman and her four-year-old son, ethnic Kurds fleeing persecution
in Iran.

They arrived by boat on Christmas Island on 16th May.

The woman's husband arrived 18 months ago. He is currently held in the Maribyrnong detention centre
in Melbourne. He's already been granted refugee status and is awaiting clearance on health and
security checks.

Normally that would entitle him to be reunited with his wife and son, but not after this:

JULIA GILLARD, PRIME MINISTER (May 7): Today I'm very pleased to be jointly announcing with the
Prime Minister of Malaysia an innovative agreement on asylum seekers and transfer. It is a
commitment to enter into a groundbreaking new bilateral agreement on irregular migration.

PETER LLOYD: All 274 people who arrived on boats since the announcement are earmarked for
expulsion. No exceptions, says the Minister, including for children.

CHRIS BOWEN, IMMIGRATION MINISTER: We do not want to see children on boats, and as sure as night
follows day, people smugglers would, if there was any blanket exemption, exploit that and say to
people, 'Look, if you put your children on a boat, they get to Australia and then they can sponsor
you in.'

PETER LLOYD: Despite that apparently uncompromising stance, the Minister has at times hinted at
exemptions. But it is clear that does not apply to the Kurdish woman and her son, now represented
by lawyer David Manne.

On 7th June, Manne wrote to the Government, insisting that both, '... are owed refugee protection
in accordance with Australia's obligations under the Refugees Convention'. Manne argues for family
reunion, '... under both international law and the Migration Act ...'.

Two days later, Garry Fleming, one of the most senior officials at the Immigration Department, sent
this reply:

GARRY FLEMING, DEPARTMENT OF IMMIGRATION (male voiceover): 'As you would be aware, on 7th May this
year, the Government announced that irregular maritime arrivals taken to Christmas Island after
that date would not have their asylum claims processed in Australia ... . Minister Bowen has
instructed the department not to commence processing of protection claims ...'.

PETER LLOYD: For the woman and her son who came to Australia hoping for a family reunion. The
letter ended with this bombshell:

GARRY FLEMING (male voiceover): '... they continue to be detained for the purpose of removal to
another country'.

PETER LLOYD: Last year David Manne won the landmark High Court ruling that asylum seekers who
arrive by boat and are held offshore can have their cases heard in Australia.

The basis of this new action is that the refusal to reunite the Kurdish family is a breach of
Australian law, plus a breach of three United Nations human rights conventions. David Manne is
hoping for a hearing as soon as next week.

Peter Lloyd, Lateline.

TONY JONES: Lateline approached the Minister for Immigration for comment. A spokesman for Mr Bowen
said that it would be inappropriate for the Minister to comment while the matter is before the

Malaysia refugee deal may 'split up' family

Malaysia refugee deal may 'split up' family

Broadcast: 16/06/2011

Reporter: Tony Jones

Refugee Lawyer David Manne says the Government's Malaysia refugee swap deal may stop a Kurdish
family from reuniting in Australia.


TONY JONES, PRESENTER: Joining us in our Melbourne studio is David Manne, a lawyer with the Refugee
and Immigration Legal Centre, who's representing the Kurdish family in the High Court challenge.

Thanks for being there.


TONY JONES: Now today you filed this case in the High Court. Tonight you served a summons to the
Immigration Minister to show cause in the High Court. What happens next?

DAVID MANNE: Well really what happens next is that we will await a date to go to the court and to
put the arguments on behalf of our clients. But really this case is about stopping the Government
from permanently splitting up a family who are trying to reunite and to live together in safety.

TONY JONES: If that is the essence of case, what laws do you say the Government has breached here?

DAVID MANNE: Well, look, under Australian law and international law there is the right to family
unity for refugees, which essentially means that if a family member, in this case the father, who
has been in Australia for 18 months and undergone the assessment process set up by the Government
and been found to be a refugee, if he is a refugee, then other family members, that is the wife and
the child, should also be recognised as refugees and be able to stay and be protected and to live
together in safety. That is the right to family unity.

TONY JONES: Very briefly, he is - has been considered to be a refugee or he's been found to be a
refugee, but he's still in detention himself in Australia, isn't he?

DAVID MANNE: That's right. He's currently detained in the Melbourne detention centre and has been
detained in Australia for 18 months while pursuing his case for refugee status. He has been found
to be a refugee, that is, someone who has a well-founded fear of being persecuted if returned to
where he came from and he's now just awaiting completion of final checks. In the ordinary course of
things, that should result in him being granted permanent protection in Australia.

TONY JONES: Alright, but essentially you're arguing this aspect at least of the Malaysian Solution
is illegal because it separates families.

DAVID MANNE: That's right. Essentially, what we're arguing is that - and this will be a matter for
the court to determine, is whether the Government can in fact expel a wife and a child in a
situation where the husband has already been found to be a refugee in Australia and where, under
Australian law and international law, there is this right to family unity which means that other
family members should be able to stay, to be protected and to live together in safety instead of
being expelled to a situation such as Malaysia where it is widely known that they could face
serious dangers and indeed very, very troubling mistreatment.

TONY JONES: OK. We're not allowed to name this family, but what can you tell us about them?

DAVID MANNE: Look, what I can tell you is that the family are all ethnic Faili Kurds who
essentially had to - were forced to flee when they were young from Iraq, as many Faili Kurds did
under the Saddam Hussein regime, and then essentially lived in exile, essentially stateless in
Iran, and for all of that time have faced systematic mistreatment, abuse, including arbitrary - the
real risk of arbitrary detention and of other serious abuses. So, it's a situation where first the
father fled in fear for his life, and then after that his wife and child, who were forced to remain
at that point, also fled in fear for their lives. What they're really trying to do here is to
reunite and live in safety together in Australia.

TONY JONES: Can you explain the conditions under which the mother and the child are now being
detained on Christmas Island?

DAVID MANNE: Look, they're currently being detained in a situation on Christmas Island where
they're in - they're essentially not free to come and go. They've been stripped of their basic
liberty. And part of the case is also seeking to have them released from detention. The court will
have to determine whether in fact it is justifiable to detain them at all. Now our clients are
requesting release from detention on the basis that there is no justification and are pointing, for
example, to laws in Australia which say for example that a child should only be detained as a last
resort and also government policies to that effect essentially saying that children and their
families should only be detained as a last resort and only where necessary.

TONY JONES: Are they and the other 287 people who've been set aside for special treatment under the
Malaysian deal, are they isolated from the other asylum seekers within the centre?

DAVID MANNE: Yes, they are. My understanding is that they're being kept in a very separate part, in
two separate parts of detention and have been kept in real confines away from other detainees and
in a situation where it's been very difficult for them to communicate with the outside world. Now
obviously, in this situation, they have been able to make contact with lawyers and to give us
instructions to bring this action. But the situation has been one where many of the people, I
understand, that have been detained have been in real confines where it's been very difficult to
communicate with the outside world.

TONY JONES: Do they understand the circumstances that they're in and the fate that effectively
awaits them under the Malaysian deal?

DAVID MANNE: There is an enormous amount of uncertainty and confusion, and indeed, a great deal of
distress about that. It's very difficult for them to know where they will go or where it is
intended that they would be sent. And there's very little detail at all. One of the real concerns
here is that our clients and others in this situation of course are being detained in a situation
where they're being told they will be removed, but to where? Because essentially, the proposal to
deport our clients and others is a proposal at the moment to send them to an unspecified place at
an unspecified time which is the type of situation which gets you squarely into the zone of
arbitrary detention.

TONY JONES: Have any attempts been made with any of these people to ascertain whether they're
genuine refugees or not?

DAVID MANNE: My understanding is that the Government's position is that it is not sought to examine
any of their claims for refugee protection, but has instead said that any consideration of their
claims would be conducted in another country, whether it be Malaysia or elsewhere, and that there
has been no detailed inquiry at all as to the predicament which has led people to take the perilous
journey to come to Australia seeking protection.

TONY JONES: Now you've obviously spoken to the mother. What about the four-year-old boy?

DAVID MANNE: Yes, we've also spoken with him, and what I can say is that he is desperate to see his
dad. He's made that very clear to us on a number of occasions, that he's absolutely desperate to
see his dad.

TONY JONES: How did you make that communication because I gather he doesn't speak English? How does
that actually work?

DAVID MANNE: It works by using an interpreter by telephone. So essentially we've communicated with
the mother and the four-year-old child by telephone to get instructions from Melbourne to Christmas
Island with an interpreter on the telephone, and he has come on the phone and spoken to us and
really pleaded with us that he is just desperate to see his dad. He hasn't seen his dad in almost
two years. And I should also say that I've spoken also with his father who is equally desperate to
see his son and his wife and really part of this case is also not only seeking orders that they be
able to stay to reunite together as a family and live here in safety, but also that in the
meantime, that the wife and the child be released from detention to be brought to Melbourne so that
they can be close to their father and husband.

TONY JONES: Your original letter to the Immigration Department states that the boy is exhibiting a
high level of emotional distress. What do you mean by that?

DAVID MANNE: What I mean by that is that as I said, he wants to see his father. He misses his
father. He's also been placed in a situation of detention which is also a situation which could
well be contributing to that distress in remote detention on Christmas Island. But really, the
heart of it is that he wants to see his dad. He desperately misses him.

TONY JONES: Yes, you said you've spoken also - obviously you have - to the father and the letter
again says he's experiencing serious deterioration of mental health. What does that mean?

DAVID MANNE: What it means is that he's now been incarcerated in Immigration detention for 18
months. He's been found to be a refugee, that is, someone who fled in fear for his life and would
face brutality on return, and the detention is taking its toll in a very serious way on him. He's
been re-traumatised by the detention and it is really crushing him. As well as the situation that
he now experiences of learning that his wife and his child are in Australia, that they've almost
reunited, but there is a proposal by this government to expel his wife and child to a situation
where, if the Government follows its own policy, they're likely to be forced into separation
forever, that is, never to be able to reunite, given that the government policy appears to be that
anyone who arrives after May 7 and is expelled to another country will not be able to resettle in

TONY JONES: You talk about this man being re-traumatised. I understand he was witness to a suicide
of a friend and fellow inmate while he was in Sydney's Villawood detention centre. Is that correct?

DAVID MANNE: It is correct. The fact is that part of the trauma that he suffered in detention has
involved him conditions witnessing very serious situations including the one that you've referred
to and including other instances of self-harm. I mean, the fact is in Immigration detention at the
moment the environment is one where not only our client but many others are suffering the effects
of prolonged detention, the severe psychological and physical harm that all the evidence indicates
that causes. And he has been privy to that in a very serious way and it's certainly added to the
trauma that he's suffered and continues to.

TONY JONES: What do you see as the broader implication of this case for the much-vaunted Malaysian

DAVID MANNE: Look, really, in a sense, it's difficult to predict at this point. I mean, really, the
court will decide on the matter and the grounds that it decides will in part dictate that. There's
no doubt that there could well be broader implications in relation to this case for others, subject
to the so-called Malaysian Solution. But in another sense it's very important to recognise here
that this case is also - involves some very special considerations, and really, one of them being
unification of a family, keeping a family together in accordance with Australian laws and policies
and international laws and policies. So, I wouldn't want to speculate on how much this case will
impact on others and more broadly on the policy, but certainly there could well be issues that are
relevant in the future.

TONY JONES: Are there other separated families among the 287? In other words, are there others with
family in Australia and connections on Christmas Island?

DAVID MANNE: Yes, there are. And we've been contacted by one of the people who does have family
here. So, yes, it's not the only case. And I should also just mention too that not only is there at
least one case that I'm aware of where there's been contact made where there's a family member, but
there are also of course many children, including unaccompanied minors who are currently
incarcerated on Christmas Island and potentially subject to this policy of expulsion to another

TONY JONES: So you could foresee other High Court challenges, not only this one?

DAVID MANNE: Well, certainly, you couldn't rule it out. There's certainly in this case going to be
consideration of issues which may well impact on other cases. But I should also say that one of the
broader concerns for all of those who've arrived and are subject to this policy of transfer to
another country, that if that country is to be a country like Malaysia where there is such an
appalling track record in relation to the mistreatment of refugees and asylum seekers, for all of
those concerned there are very serious issues about whether they would be subject to a situation
where there are serious violations of their human rights. And what we still don't have but need are
credible, concrete assurances that anyone transferred to Malaysia would have their human rights and
their refugee rights respected and we still don't have that detail. What we do have is evidence of
systematic abuse on an ongoing basis of many refugees and asylum seekers in Malaysia.

TONY JONES: In that case, let me ask you this: could you foresee a future High Court case
challenging the entire basis of the Malaysian Solution? For example, on the basis that it singles
out a certain group of asylum seekers and treats them in a discriminatory way?

DAVID MANNE: Look, I don't want to speculate on what types of cases may be brought, but certainly I
think in this case there are no doubt going to be issues that arise which not only are specific to
this family and its basic rights to - that it wants to assert in the court to be united as a family
and to live here safely and together, but also broader implications in relation to a policy which
proposes essentially at its heart to send people to a country that is not a signatory to the
Refugees Convention and where there are serious questions around whether it could really take up or
assume the responsibilities that Australia has to protect refugees in a way where there would be an
avoidance of serious harm.

TONY JONES: We're nearly out of time, but I'll just put that in another way: does the arbitrary
choice of 800 people to be sent back to 'the back of the queue' breach any UN refugee principles?

DAVID MANNE: Look, it could well, but I don't want to get into speculation about any future cases
at the moment. I mean, our focus is very much at the moment on this case, on this father, this
wife, this child. But certainly you couldn't rule out that type of challenge in the future and
certainly in a situation where, as I come back to this basic point, you're talking about a
situation where there's a proposal to expel people seeking asylum to a situation where there may be
real dangers, a very precarious situation and one where the country involved, such as Malaysia, is
simply not able to assume the responsibilities that Australia has to protect refugees, including

TONY JONES: David Manne, we'll have to leave you there. We're out of time. We thank you very much
for coming in to talk to us tonight.

DAVID MANNE: Thank you.

Bashir convicted of funding terrorist group

Bashir convicted of funding terrorist group

Broadcast: 16/06/2011

Reporter: Matt Brown

Radical Muslim cleric Abu Bakar Bashir has been convicted in Indonesia of funding a terrorist group
and sentenced to 15 years in jail.


TONY JONES, PRESENTER: Radical Muslim cleric Abu Bakar Bashir has been convicted on terrorism
charges. An Indonesian court has sentenced him to 15 years' jail. Bashir is linked to a string of
attacks, most notably the 2002 Bali bombings which more than 200 people died, including 88

Indonesia correspondent Matt Brown is outside the Jakarta court.

MATT BROWN, REPORTER: He's seen by many as the godfather of Islamic extremism in Indonesia and
today Abu Bakar Bashir wasn't taking a backward step.

ABU BAKAR BASHIR, CONVICTED TERRORIST (voiceover translation): Both America and Australia played a
role in the judgment to take me out of the community. If possible, they will kill me because my
struggle to uphold Islam is considered dangerous.

MATT BROWN: His supporters urged the judges to acquit the wily firebrand. But they found Bashir
guilty of inciting terrorism and raising funds for a terrorist training camp in Aceh.

The camp brought new recruits together with old hands from just about every known terrorist group
in South-East Asia, including the notorious Bali bomber Dulmatin. Members of Bashir's new network
have since been implicated in several terrorist acts. And the judges say the evidence against him
was compelling.

HERRI SWANTORO, JUDGE (voiceover translation): Therefore, the defendant, Abu Bakar Bashir, has been
proven legally and convincingly to have committed the crime. The court hands out a 15-year jail

MATT BROWN: However, Bashir was defiant.

ABU BAKAR BASHIR (voiceover translation): I reject this sentence because this court process is
based on the devil's rules. It is not based on Islamic Sharia law.

MATT BROWN: And then, after a hug for his son, Bashir was escorted from the court.

While 15 years is well short of the life sentence requested by the prosecutors, Abu Bakar Bashir's
now in his 70s and he'll probably die in custody.

After a brief protest, Bashir's youthful supporters left peacefully and his lawyers announced they
will appeal.

WIRAWAN ADNAN, LAWYER FOR ABU BAKAR BASHIR: They failed to establish the evidence. There was no
threat of evidence that Abu Bakar Bashir was proved to be, you know, involved in terrorism

MATT BROWN: In Canberra, the Australian Government welcomed the conviction.

KEVIN RUDD, FOREIGN MINISTER (male voiceover): "At this time, our thoughts go first and foremost to
the families of the more than 110 Australians who have died as a result of terrorist attacks over
the past 10 years. The Australian Government hopes this conviction brings some measure of justice
to the families of the victims."

MATT BROWN: Even as the verdict was being read, the wheels of justice were still turning in Central
Java. Counter-terrorism police arrested a man named Sulieman, a little-known player in the Bali
bombings, who they allege rose to become Dulmatin's right-hand man and a trainer for those wanting
to learn to make bombs.

Matt Brown, Lateline.

Al Qaeda names Zawahiri to succeed bin Laden

Al Qaeda names Zawahiri to succeed bin Laden

Broadcast: 16/06/2011


Al Qaeda has named Egyptian surgeon Ayman al-Zawahiri as its new leader to replace the slain Osama
bin Laden.


TONY JONES, PRESENTER: The position of the world's most wanted terrorist has been filled. Al Qaeda
has named its long-time second-in-command, Ayman al-Zawahiri, to succeed the slain leader Osama Bin
Laden. The 60-year-old Egyptian eye doctor is believed to be the brains behind much of Al Qaeda's

The terror network made the announcement on an Islamist website where it also vowed to continue its
fight against the United States, Israel and their allies.

Overland quits as Vic police commissioner

Overland quits as Vic police commissioner

Broadcast: 16/06/2011

Reporter: Hamish Fitzsimmons

Embattled Victorian Police Commissioner Simon Overland has bowed to political pressure and


TONY JONES, PRESENTER: Victoria's Police Commissioner has resigned after the State Ombudsman
criticised police for releasing dodgy crime statistics which were used for political gain by the
previous state Labor government. There's been pressure on Simon Overland for months and his
relationship with the new Baillieu Coalition Government was increasingly seen as unworkable. The
Police Union, which has led a relentless campaign against Mr Overland's command, says it's time to
rebuild the force.

Hamish Fitzsimmons reports from Melbourne.

HAMISH FITZSIMMONS, REPORTER: In the end the pressure proved too much for Victoria's Police

SIMON OVERLAND, OUTGOING VICTORIA POLICE COMMISSIONER: I've just reached a position where I believe
it's in the best interests of Victoria and Victoria Police for me to leave.

HAMISH FITZSIMMONS: Simon Overland's relationship with the Coalition Government has become
increasingly poisonous.

What external pressures have influenced your decision to resign?

SIMON OVERLAND: Well, look, it's been pretty clear that there's been a lot of distractions over the
last little while. It seems to me they are unlikely to abate and it's got to a position where I
think my continuing in this role is counter-productive to the best interests of the organisation
and to Victoria.

HAMISH FITZSIMMONS: The State Government denies Simon Overland was pushed.

TED BAILLIEU, VICTORIAN PREMIER: He's doing this. He's taken this step in what he believes is the
best interests of the Victorian public and indeed Victoria Police.

HAMISH FITZSIMMONS: Mr Overland's tenure since 2009 has been controversial. A series of blunders
focused attention on police leadership and sensitive information has been continually leaked.

His predecessor says Mr Overland has made the best of the job.

difficult time for the last two years, and I wish him well in his future, but I think that it's
tough job, being police commissioner.

HAMISH FITZSIMMONS: In May the Government ordered an inquiry into the leadership of the force after
respected deputy commissioner Sir Ken Jones quit following a falling out with Mr Overland.

The Police Union has led the push against Simon Overland, calling for his resignation on an almost
weekly basis.

GREG DAVIES, POLICE ASSOCIATION OF VICTORIA: What today does do is that it opens the door for
someone to come in, take stock of where we're at, where things have gone wrong and rebuild the

HAMISH FITZSIMMONS: After Sir Ken Jones' resignation, Mr Overland asked the police watchdog the
Office of Police Integrity to investigate him over leaks to the media. Despite that, the State
Government says Sir Ken is still welcome to apply for the commissioner's job.

PETER RYAN, VICTORIAN POLICE MINISTER: Anybody who wants to apply will be able to do so, and should
he do so, then of course any such application would be considered on the merits.

HAMISH FITZSIMMONS: One of the most controversial incidents in Simon Overland's short term as
commissioner occurred when statistics were released before last year's state election which showed
violent crimes had fallen under Labor.

In his report tabled in State Parliament today, the Ombudsman was critical of the release, finding
the statistics were misleading and distorted.

GEORGE BROUWER, VICTORIAN OMBUDSMAN (male voiceover): 'Crime statistics are still managed and
disseminated by Victoria Police, with known inefficiencies and other longstanding concerns.'

PETER RYAN: We talked about the content of the report. He then indicated his intention to resign,
and I indicated the Government's preparedness to accept that resignation if it were tendered.

HAMISH FITZSIMMONS: Lateline has been told other state police commissioners expressed their concern
to Simon Overland last year about the way Victoria Police collects and manages its crime
statistics, arguing that in effect they appeared better than they actually were. An example used
was a Bureau of Statistics report from 2008 which showed in that year Victoria reported 21,000
assaults while NSW reported almost 80,000.

DON WEATHERBURN, NSW BUREAU OF CRIME STATISTICS: It's just unsatisfactory having police being both
the people who decide what to do to reduce crime and the judges of whether they've succeeded or

HAMISH FITZSIMMONS: The Independent Bureau of Crime Statistics handles the data in New South Wales
and is headed by Dr Don Weatherburn who says independently assessing crime figures take the
politics out of the debate.

DON WEATHERBURN: At the moment, what's happening in Victoria is the debate's clouded because people
can't reach satisfactory agreement on the level of crime or on the trends in crime. So you can't
have a sensible discussion about how to deal with it.

HAMISH FITZSIMMONS: The Ombudsman has recommended the Victoria Police give up managing crime
statistics in line with NSW, South Australia and WA.

TED BAILLIEU: And we will be working to put in place an independent body to deal with crime stats
in this state similar to what operates in other jurisdictions.

HAMISH FITZSIMMONS: Assistant Commissioner Ken Lay will be acting chief commissioner until a
replacement is found.

Hamish Fitzsimmons, Lateline.

Top scientology figure in court over cover-up claims

Top scientology figure in court over cover-up claims

Broadcast: 16/06/2011


Senior Scientology figure Janice Meyer has appeared in a Sydney court over allegations she helped
cover up sexual abuse claims.


TONY JONES, PRESENTER: One of Scientology's most senior international figures has appeared in a
Sydney court today charged with perverting the course of justice.

Jan Eastgate, who appeared under her married name of Janice Meyer, is alleged to have intimidated
an 11-year-old girl to get her to lie to police about sexual abuse by her Scientologist stepfather
more than 25 years ago.

Allegations first aired on Lateline last year.

Ms Eastgate entered no plea. Her bail conditions were altered, allowing her to return to

After her appearance, her supporters and the media clashed as Ms Eastgate attempted to avoid
waiting journalists.

Embattled NSW Magistrate keeps job

Embattled NSW Magistrate keeps job

Broadcast: 16/06/2011


NSW MPs have voted to allow Magistrate Jennifer Betts to keep her job after she appealed to them
not to be sacked because of her mental illness.


TONY JONES, PRESENTER: NSW MPs have voted overwhelmingly to allow Magistrate Jennifer Betts to keep
her job. They said dismissing her for behaviour linked to her mental illness would set a bad

Yesterday, Magistrate Betts went before Parliament to apologise for her outbursts and pleaded to be
allowed to remain on the bench. The state's Judicial Commission recommended she be dismissed
following complaints that she was rude and offensive in court.

She said she'd been suffering from depression and the incidents happened after she stopped taking
her medication.

MPs heard that during her 17 years in office she'd dealt with around 50,000 matters. In that time,
four complaints against her were upheld.

Anti-austerity protests flare in Greece

Anti-austerity protests flare in Greece

Broadcast: 16/06/2011

Reporter: Emma Alberici

Protests against austerity measures in Greece have flared in the country as the embattled prime
minister struggles to form a new government.


TONY JONES, PRESENTER: The Greek prime minister, George Papandreou, is struggling to form a new
government following defections and dissent over his handling of the country's financial crisis.
Protestors have also voiced their displeasure, taking to the streets to demonstrate against
austerity measures associated with an UE bailout package. But what started as a peaceful protest
quickly turned into a riot.

Europe correspondent Emma Alberici reports.

EMMA ALBERICI, REPORTER: At the Greek parliament, protestors deployed green laser pointers, devices
with the potential to blind both police guards and security cameras. Inside, the prime minister led
all-night meetings, daylight revealing the extent of the damage inflicted by a public fighting a
losing battle to protect the country from another wave of cuts to the public sector and welfare
benefits; the riots threatening tourism at a time when Athens is desperate for any form of overseas

VOX POP: We get the world news and that and we see the plight that is happening through Europe and
particularly Greece, and we can understand the people being concerned about it. It's the only way
can you do it, isn't it, by protesting? Well, Greece is the home of democracy, they tell me, so
we've got to let them do it.

EMMA ALBERICI: Today a cabinet reshuffle will attempt to quell the crowds. One member of the ruling
Socialist Party has already resigned, but the prime minister is staying put, hoping to inspire a
cross-party consensus behind some tough economic reforms. By day's end, he'll seek a parliamentary
confidence vote in his new government.

??? (voiceover translation): I don't believe something substantial will change. I think this
government's days are numbered and that soon we will be heading for elections.

EMMA ALBERICI: Conservative newspapers are calling for new elections, one headline accusing the
prime minister of playing poker with the voters.

But no matter who wins the latest hand in the parliament, the reality is that no bailout from the
international markets will come without some harsh measures. $50 billion or so will need to be
stripped out of the Greek economy to satisfy nervous traders.

OLIVER ROTH, CLOSE BROTHERS SEYDLER BANK: A possible rebuilding of the government in Athens is
focused by the stock exchange with great concerns because it shows that we see there huge
uncertainties, political uncertainties, and that would be followed by economical uncertainties, and
that's not a good thing at all extremely for the stock exchanges.

EMMA ALBERICI: Political uncertainty in Athens is wreaking havoc across Europe's major markets from
Germany to France and 14 countries in between. Patience is wearing thin among those whose shared
currency is feeling the effects of a seemingly endless stream of bad news.

Emma Alberici, Lateline.

To the weather, a few showers for Melbourne and add Adelaide, a little morning rain in Hobart, a
chance of a shower in Perth, light early frost for Canberra, fine in Brisbane, sunny in Sydney and
Darwin. That's all from us. If you'd like to look back at tonight's interview with David Manne or
view any of 'Lateline' stories visit our website and follow us on Twitter and Facebook. Ali Moore
will be here tomorrow night. I'll see you next Until then, good night. Until then, good night.