Bill Shorten, the Labor Party and the Unions have unloaded on the credibility of Royal Commissioner Dyson Heydon demanding he resign or be sacked for actual bias and the Royal Commission should be terminated. The problem is there is no evidence to support actual bias and very little to support perceived bias.
Although it would not be strong there is better evidence to support a case that Heydon is biased in favour of the Labor Party given what some say is his kid gloves treatment of Julia Gillard. Bill Shorten and crew have also been slapped down by Labor’s own Shadow Attorney-General Mark Dreyfus who says they are not claiming any actual bias by Dyson Heydon. This starts to paint the true picture of the desperation of Shorten, Labor and the Unions.
The alleged reason for the attack on Dyson Heydon is that he was invited to give a talk at a Liberal Party function for lawyers. This was reported by Fairfax Media on Thursday (13/8/15). (Click here to read more) An hour or so after the story was published Dyson Heydon issued a statement that he would not be attending the function. He also released emails that show he said he would not attend the function if it could be construed as a Liberal Party function. No real damage done.
The Labor Party and Unions have been busy telling lies saying this shows actual bias by Dyson Heydon which it clearly does not. At least one Labor politician said in the media Heydon went to the Liberal Party function which is also a lie because it is not scheduled for another 10 days on the 26th of August.
The below video shows federal MP Tony Burke saying that Commissioner Heydon is “biased and conflicted” and needs to stand down or be sacked. Then it shows Shadow Attorney-General Mark Dreyfus contradicting Burke and saying “it is not being suggested that Dyson Heydon is actually biased”. That made both of them look stupid. It is worth watching for the look on Tony Burke’s and Tanya Plibersek’s faces as they are sitting directly behind Dreyfus when he says it.
Shorten needs to prove the bias
At this point Bill Shorten and the Unions have failed to produce any evidence of actual bias by Dyson Heydon yet have been happy to defame him in the media and say he is biased. But Bill Shorten is happy to defame Heydon as my last post shows. (Click here to read)
The ACTU and others are threatening legal action if Dyson Heydon does not resign which has boxed themselves in. Because if Heydon and the federal government stand their ground which I expect they will then the ACTU will have to take legal action or shut up.
The ACTU issued a statement which says:
Unions call on Abbott to terminate Royal Commission
The ACTU is calling on Tony Abbott to immediately terminate the Royal Commission into trade unions given the appearance of bias by Justice Dyson Heydon’s acceptance of a guest speaker role at a Liberal Party fundraiser.
ACTU Secretary Dave Oliver and President Ged Kearney have written to the Prime Minister calling for immediate action. (Click here to read more)
What they do not say is that they themselves are both biased because they have skin in the game so to speak. Ged Kearney is paid about $50,000 a year as a Director of Cbus which the Royal Commission has found to have acted corruptly. Dave Oliver took a bribe off Julia Gillard in 2013 and had his wife Suzanne Jones appointed a judge of the Federal Circuit Court of Australia by Julia Gillard. Gillard was trying to shore up support at the time as Kevin Rudd was trying to oust her as Prime Minister. I wrote an article in 2013 titled “Prime Minister Julia Gillard bribed ACTU Secretary Dave Oliver to keep his support” (Click here to read the article)
In court you do not need to prove actual bias for a judge to stand down, proving perceived bias is enough. The problem for the ACTU is there is not even enough evidence to prove perceived bias let alone actual bias so they will not take the legal action which would do nothing more than highlight the corruption they are trying to hide. It is likely the bias of Ged Kearney and Dave Oliver would be exposed further in court and/or the media which is another reason they will not take legal action.
One point for Dyson Heydon’s defence in any bias application
There are plenty of people who are not happy with Dyson Heydon’s findings regarding Julia Gillard. They believe Heydon went too soft on her and that is what I think as well.
Heydon cleared Gillard of any criminal activity but said Gillard at “times gave “evasive”, “excessive” and “forced” evidence to the commission”. (Click here to read more) To me Heydon’s findings of Gillard giving “evasive” and “forced” evidence shows her trying to conceal criminal activity and Heydon failed to say that in his report.
It could be argued that this shows bias by Heydon in support of the Labor Party and Julia Gillard. While others might argue it is not strong evidence it is more than Bill Shorten or the Unions have produced regarding Dyson Heydon being biased against them.
Be that as it may, Heydon gave Gillard a pretty good run and that could be used to show Dyson Heydon is fair and balanced in any application of bias against him.
Most analysed RC ever because it is broadcast live and because of Social Media – even if some MSM do not report it much
The Royal Commission is being watched by thousands around the country and the Labor Party and Unions would have to have at least 50 lawyers watching it. Maybe a lot more given many of their politicians are lawyers are as well.
Any hint of bias by Dyson Heydon, real or perceived, lights up social media and there have been a few occasions when that has happened. Yet to date Labor and the Unions have failed to publish any evidence of bias by Dyson Heydon or institute court proceedings. Why? Because any court proceedings would fail badly and an invite to Dyson Heydon to give a speech won’t change that.
Is the Royal Commission politically motivated?
The Royal Commission is politically motivated without a doubt as are almost every decision politicians make. But there are many in the Labor Party and Union movement who wanted the Royal Commission as well.
One example is that if it wasn’t for Union whistleblower Bob Kernohan we probably wouldn’t have the Royal Commission. And the only thing that validates the decision to have the Royal Commission is if it finds corruption and anyone following it (except the Unions and Labor) will tell you it has found plenty of corruption and has been money well spent.
The bottom line is that Dyson Heydon is doing a good job and the attacks on Heydon by all the crooks is proof of that. If they weren’t complaining then we should be worried.
Bill Shorten’s and the Union’s true motives
It must be remembered that Bill Shorten and his supporters are crooks on the run and will do anything to avoid jail and being exposed. Bill Shorten is facing a lot more bad news in the near future when he is back in the witness stand at the Royal Commission and he knows it.
Then there is the fact that some of Shorten’s supporters like Diana Asmar and Kimberley Kitching have already had criminal charges recommended against them by Dyson Heydon. They will be thinking that if they can get rid of Heydon that will also get rid of the likelihood of criminal charges against them.
If Bill Shorten argued that there is perceived bias and Dyson Heydon needs to be replaced then that argument might have some credibility, although it would still fail in court. But their real agenda is their campaign is to get rid of the whole Royal Commission not just Heydon.
Legal action would do nothing more than maybe hold up the RC a few weeks or months which would push it closer to the election which Bill Shorten and Labor would not like. So it will not happen irrespective of the huffing and puffing.
The Labor Party and Unions have put the Royal Commission back in the media spotlight just a few weeks before Bill Shorten’s next stint in the witness stand. It is a move they will probably regret.
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