One of the most scandalous demands ever made by a political party (as the below video shows) is that the Labor Party want the Australian public to give their new Senate appointment Kimberley Kitching “the presumption of innocence” before she has even started in the Senate. This is because criminal charges have been recommended against her by the Trade Union Royal Commission which are still to be addressed and finalised.
It is worth noting that federal MP Brendan O’Connor who says Kitching “deserves the presumption of innocence” did not defend Kitching by saying she was innocent which I take as admission by him that he concedes that she is guilty. Anyone who has seen the evidence against Kitching knows she is guilty and the key computer data evidence that proves her crime came from the Australian Council of Trade Unions (ACTU) so it is a bit rich for the Labor Party to dispute it.
The whole situation is even more scandalous given the current environment where numerous federal politicians have been investigated or charged by various law enforcement agencies over the last few years which shows the systemic corruption in Australian politics.
It doesn’t matter whether or not you are aware of the crimes that Kimberley Kitching is accused of committing. It is the fact that the Australian voters are being told that we should give someone “the presumption of innocence” before they enter parliament. That could have and should have been resolved well before they were even considered for the position of a federal politician.
I wrote last week that Kitching’s appointment takes the federal parliament to a new low and I think I have been proven right already.
Below is the infamous video of the interview (17/10/16) with federal MP Brendan O’Connor telling Australians we should give Kitching “the presumption of innocence“.
The cover picture is Kathy Jackson with her good friend Kimberley Kitching.
A lawyer or not a lawyer
It was reported that Kimberley Kitching was a lawyer and worked at the law firm Cornwall Stodart but their website makes no mention of Kitching even on the page where they list all their lawyers. I wonder why?
Royal Commission charges against Kimberley Kitching
It is worth looking at some of the evidence against Kimberley Kitching because Ms Kitching and the Labor Party claim the allegations of criminal conduct against Ms Kitching is politically motivated. The biggest problem with that argument is that the key evidence against Ms Kitching came from the Union movement itself.
The HSU scam
Kimberley Kitching spent about 2 years at the HSU Victorian Number 1 Branch from December 2012 as general manager which was a made up role for her. There was no real role for a general manager and she did nothing more than collect a wage and use the Union’s resources to try to get elected to parliament.
During that period, she also did the right-of-entry permit exams for numerous Union officials who needed the permits to enter work sites. They were open book exams that were done online and people could have done the exams themselves but for whatever reason Kitching did the exams for them.
Someone blew the whistle on the scam and both the Fair Work Commission and Trade Union Royal Commission investigated.
There was a lot of evidence that pointed to Kimberley Kitching. For example:
- The Australian Council of Trade Unions (ACTU) supplied the Royal Commission and FWC computer data that showed that some of the exams were done only a few minutes apart on the same computer and only took a couple of minutes when they should have taken about half an hour. The reason the ACTU had the data is because the people had to log into their system to do the exams. Phone records also showed the people who were meant to be doing the exams were miles away from the HSU offices when the exams were being done.
- An affidavit by Craig McGregor who is the Secretary of the HSU Victoria Number 3 Branch said that Kimberley Kitching in effect admitted to him that she did the tests. (Click here to read the affidavit – see paragraph 9 and 10)
- The Fair Work Commission who are run by Labor Party cronies also investigated the same issue and in a judgement in 2015 said: “Evidence Kitching gave at the Fair Work Commission was found to be “unreliable and untruthful”. Someone who gives “untruthful” evidence in the witness stand under oath is committing perjury.“ (Click here to read more)
So Kimberley Kitching wants everyone to believe that the Australian Council of Trade Unions (ACTU) and Craig McGregor who is the Secretary of the HSU Victoria Number 3 Branch conspired with the Royal Commission and the FWC to make up allegations of criminal conduct against Kimberley Kitching.
The fraud and theft at the HSU Victoria Number 1 Branch
I have written about the multi-million-dollar fraud under the leadership of Diana Asmar and Kimberley Kitching a number of times. This week Kitching had the latest financial results released by blogger and Craig Thomson puppet Peter Wicks in an attempt to talk up her financial management credentials.
The 2016 results shows a $451,866 profit (Click here to read the 2015/2016 results) which Peter Wicks said showed what a great financial manager Kimberley Kitching was. Funnily Wicks didn’t mention the losses of over $3 million for the previous 2 years which I wrote about here and here.
The $451,866 profit was clearly motivated by the solvency warning letter from the FWC in February this year.
The latest results also suggest there is likely massive branch stacking going on the HSU Victoria Number 1 Branch. It says that revenue from Membership Contributions / Subscriptions is $5,137,242 and they recently put out a press release saying they now had 13,000 members and lying about the true state of the finances.
The annual membership fees that I have been told are:
Part – Time Employees. 0 – 25 hours per week: $460.36 Annually. $115.09 Quarterly. $17.71 Fortnightly.
Full – Time Employees – $577.16 Annually. $144.29 Quarterly. $22.20 Fortnightly.
I have crunched the numbers and there is no way they can have 13,000 members unless they signed most of them up in the last few weeks of the financial year paying fortnightly. But given that HSU Secretary Diana Asmar’s husband David and Kimberly Kitching’s husband Andrew Landeryou are legendary branch stackers in the Labor Party it is not hard to work out how they grew to 13000 members.
It is also worth noting that the legal fees have dropped from $1,132,102 in 2015 to $165,064 in 2016. The reason the legal fees were so high in 2015 is that Diana Asmar and Kimberley Kitching spent the member’s money in court at the Royal Commission, FWC and Federal Court trying to conceal their crimes. Asmar and Kitching should be made to pay the money back to the members.
Under section 44 of the Australian Constitution you cannot be a federal politician you have been:
(ii.) convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer. (Click here to read more)
Obviously the constitution needs to be amended to cover Kimberley Kitching’s situation where she is still facing possible criminal charges. The political system in this country has really hit rock bottom if we have to give prospective politicians “the presumption of innocence“. Fortunately times are changing and all the Labor Party have done by appointing Kimberley Kitching is cost themselves votes and even many in the Labor Party know. That is why the likes of senior federal Labor MP Anthony Albanese refuse to endorse Kimberley Kitching.
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