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Rudd's blind spot on defence

The ability to stay relaxed is a great virtue in a prime minister. It is not a quality Kevin Rudd possesses in abundance, except when it to comes to alleged misdeeds of officials involved in national security issues. Here, it seems, nothing can ruffle Rudd's demeanour; not even when defence officials allegedly hack into his defence minister Joel Fitzgibbon's personal computer files.

When these allegations were raised last Thursday, Rudd essentially brushed them aside. Instead of simply saying an investigation was underway, he added that there have always tensions between defence ministers and the defence department and "there is nothing particularly unusual about that".

True! But this is very different. Previous tensions were over big policy issues or questions of maladministration or deceit. Past examples involve false advice that Australian troops had not engaged in "water torture" in Vietnam; numerous disputes over what weapons should be purchased; and repeated arguments about how billions of dollars had been wasted on bungled procurement programs.

In contrast, the "tensions" this time involve the serious claim that a member of the Defence Signals Directorate, in conjunction with departmental security officials, broke clear rules forbidding DSD from accessing the electronic records of Australian citizens, regardless of whether they are a cabinet minister. DSD's job is to intercept foreign communications and protect Australia's. It is not authorised to steal information from minister’s computers.

Suspected espionage is a matter for the Australian Security Intelligence Organisation, which must obtain a warrant before it taps Australian telephones or hacks into computers. It can ask DSD for technical help. But DSD officials can't snoop around computer hard drives of their own volition, as is alleged in Fitzgibbon's case.

Defence security officials were allegedly trying to investigate Fitzgibbon's friendship with a wealthy Chinese-born Sydney businesswoman Helen Liu. Apparently, his computer contains bank records of payments for a unit that Fitzgibbon rents from Liu’s sister in Canberra.

If defence officials suspected that Fitzgibbon's friendship with Liu involved a security risk, they should have referred it to ASIO. A few years ago, complaints about the security implications of a relationship between another defence minister and an Asian woman were flicked from defence to ASIO, which found them to be baseless.

It is extremely unlikely that the chief of the Australian Defence Force Angus Huston, or the departmental head Rick Warner, authorised any investigation of Fitzgibbon. But Fitzgibbon appeared to see the alleged investigation as retaliation for his efforts to shake up defence.

The more likely explanation is that any snooping was authorised on a highly secretive basis by a senior official with a personal suspicion about a link to Chinese espionage. But ASIO, which has the expertise in this area, announced last Friday that it had nothing on Liu “which would have given rise to any security concern regarding her activities or associations".

The Opposition Leader Malcolm Turnbull initially demanded that Fitzgibbon be sacked because of a "complete breakdown" in relations with his department. Whatever other problems exist, Fitzgibbon can hardly be blamed if defence officials snoop around his personal computer files in violation of safeguards designed to protect Australian citizens. Turnbull was on firmer ground in arguing that Fitzgibbon should be sacked for misleading parliament because he failed to declare on his pecuniary interest statement that Liu had funded trips he made to China in 2002 and 2005.

Turnbull was also right to ask the Inspector General of Intelligence and Security (IGIS), rather than the defence department, to investigate the claims about defence officials hacking into Fitzgibbon's computer. The head of IGIS Ian Carnell subsequently decided to do so. Although it is no longer acceptable for police to investigate police, Rudd, however, was happy to leave the defence department to investigate itself in this case.

Even though the departmental inquiry had barely begun, Warner announced last Friday that no evidence of wrong doing had been found. But Warner hardly boosted public confidence in the outcome by asking the Defence Security Authority to conduct the internal inquiry. This decision was taken despite the possibility that some DSA security officials may have been involved in the alleged intrusion into Fitzgibbon’s personal files. Perhaps attitudes have changed, but defence's security apparatus previously included a body called OSCAR (the Office of Social Clearances and Research), which was regarded by some insiders as over- eager to act on the flimsiest suspicions against senior military and civilian officials.

Rudd is not keen on outside investigations when behaviour problems arise in defence or the Australian Federal Police. He is content, for example, to have an internal inquiry into a recent operation in which Australian troops killed five Afghan children by throwing grenades into their houses, apparently in the mistaken belief that this would kill members of the Taliban. What is really needed if an independent inquiry into what happened and whether the risk of killing innocent civilians — and helping the Talban's recruiting effort — is too high in these sorts of operations.

After a limited inquiry made adverse findings about the AFP's appalling conduct in pursuing an innocent doctor Mohammad Haneef, Rudd insisted he still had full confidence in the commissioner Mick Keelty. This time, if the allegations stand up, heads must roll.

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Date: Newest first | Oldest first
From where I sit it looks like Fairfax Journalist started a story, to give themselves a base, from which to write other stories, etc. etc. Perhaps the investigators should be looking at the jounalists, not the Defence Department, for the source of the allegations.
Posted by Charles B, 30/03/2009 12:50:04 PM
Totally agree with Charles, Fairfax Journalist's are starting stories to give themselves a base more frequently than ever before. distorting words, missrepresenting, and just plain gossip seems to be the norm. No wonder Joel Fitzgibbon stumbled when first questioned, poor guy he knew whatever he said was going to make headlines. As for PM Kevin Rudd I wish they would lay off with their pathetic, lousy, questioning, he is in another country and he does have a deputy on duty here.
Posted by Joy , 30/03/2009 3:20:02 PM
DSD *may* well be authorised to hack into DoD systems including laptops. An employee of the government does not enjoy the same rights to privacy on thier work computer as a private citizen. I'm not sure that they should - people with access to national secrets need to understand that they surrender some normal freedoms and rights to obtain this access.
Posted by Quigley, 30/03/2009 6:10:09 PM
perhaps an internal investigation could also look at how many leaks have come out of the Ministers Office in the last 14 months. perhaps an internal investigation could also ask why the Minister has impugned his department before a formal investigation has been completed. Not exactly a stellar example of extending natural justice perhaps an internal investigation could also interview all of the Ministers ex staffers but of course, the minister wants to be fair - doesn't he? lets hope the minister has the courage to apologise to his Department if its discovered that nothing came out of "Fort Fumble" alas, I think that every attempt will be made to discipline someone in his Department to compensate for his own misleading of Parliament.
Posted by roger w, 30/03/2009 7:40:06 PM
A Liberal party leader is on thin ice when bleating about a complete breakdown in relations with a department. For anyone around at the time, Robert Hill's tenure at Defence was a sequence of eye-balling-rolling revelations about just how to get an entire department off-side, very fast. Similarly, a scrutiny of Liberal party politicians' "freebies" might be something Mr Turnbull would do well to avoid. This whole thing sounds as though some old ex OSCARs are trying to run the old "yellow peril" scenario. Poor things - deep in their bunkers and out of touch with the reality of who legally is able to snoop on whom. Sounds like gung-ho testosterone fuelled group think.
Posted by terry, 31/03/2009 6:41:10 AM
hello is it just me? or does kevin realise that we can spend as much on defence as we want- just do the population maths...we can't defend ourselves - so best we be the best friends with all our newly rich neighbours...geographically australia is just another country in asia.
Posted by susie m, 31/03/2009 5:18:04 PM
We should look at the ALP before we waste time trying to find a DoD source for the leaks
Posted by Bear, 31/03/2009 7:54:04 PM
Bear. some people in the alp might have known about Fitzgibbon's trips to china, but that was not in original CT news reports. But no one in Labor's ranks could have known about the substance of the original reports about the alleged hacking (illicitly) into Fitzgibbon's personal computer files.

Brian Toohey

Posted by Brian Toohey, 2/04/2009 11:26:06 AM
To have his computer hacked intop should be no real big issue, he is a government official, is privy to sensitive information. Its good to see the police policing them selves, it keeps them honest, and in his role, he should know that he does have to give up some rights to privacy. And as defence spending goes, we need more, alot of technological military advances are invented in Australia but due to lack of funding there shipped overseas, we could become a leader in some areas if they had the money, and yes we have allies, there always good when there on the other side of the globe and we cant defend ourselves, and wonder why the internation community doesnt give us full respect in some areas
Posted by baconson, 23/04/2009 12:27:07 PM
Brian Toohey
Brian Toohey, one of Australia's most respected journalists, examines various matters of import.
Defence Minister Joel Fitzgibbon
Defence Minister Joel Fitzgibbon

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