8 September 2014
Mr Tony Negus
Australian Federal Police
GPO Box 401
CANBERRA ACT 2601
Mr Negus Tony,
Re: Potential Commission of Criminal Offences by the Honourable Mal Brough MP
1. I refer to the attached correspondence in relation to this matter dated 21 December, 2012 and 19 March, 2013 containing information alleging criminal offences may
have been committed by the Honourable Mal Brough MP.
2. These potential offences came to light during the proceedings brought by Mr JamesAshby against Mr Peter Slipper in the Federal Court, which proceedings have now
been discontinued by Mr Ashby.
3. On 23 June, 2014 you indicated by letter that as the Full Bench of the Federal Court had overturned the interlocutory Federal Court ruling of Justice Rares you would not
be undertaking any further evaluation of the allegations raised and would finalise this matter.
4. It was my previous submission to you, and one that I continue to make, that the role of the Australian Federal Police in investigating the criminal allegations which I raised
in December 2012 should be separate and distinct from the appeal proceedings andit is appropriate that those investigations continue independently regardless of the
outcome of any appeal.
5. In particular, there is new and compelling evidence concerning the allegations raised with you concerning Mr Brough.
NEW AND SIGNIFICANT EVIDENCE – 60 MINUTES INTERVIEW WITH MR ASHBY
6. Mr James Ashby, after discontinuing his legal proceedings notwithstanding the outcome of the appeal, has given an interview with Liz Hayes in the television show
“60 Minutes” which was aired on Channel Nine on 7 September, 2014.
7. The interview has revealed information which, importantly, was not put before the Federal Court or the Full Bench of the Federal Court.
Admission by the Honourable Mal Brough MP
8. As previously indicated to you, the material provided to the court indicated that the Hon. Mal Brough MP procured Mr Ashby and MsDoane to provide unauthorised
access to Mr Slipper’s official diary. During the 60 Minutes episode featuring James Ashby, the Hon. Mal Brough MP was also interviewed. During that interview he
admitted that he had procured Mr Ashby to provide copies of Mr Slipper’s diaries for him. The relevant part of the interview is:-
Liz Hayes: “Did you ask James Ashby to procure copies of Peter Slipper’s
diary for you?”
The Hon. Mal Brough MP: “Yes I did.”
9. That conduct could constitute a serious crime. Potentially such conduct could breach s478.1 Criminal Code (unauthorised access to restricted data) and s70 Crimes
Act 1914 (unauthorised disclosure of information by Commonwealth officers).
10. The information revealed in the “60 Minutes” interview was not before Justice Rares at first instance or before the Full Court on appeal.
11. There are serious penalties attached to the abovementioned crimes. As Mr Brough is a serving member of parliament any possible or potential criminality on his part is
of especial significance and would have ramifications for the House of Representatives of the Commonwealth Parliament.
12. I again ask the Australian Federal Police to urgently conduct a formal investigation to determine whether Mr Brough has committed any criminal offences, particularly in
light of this new information. I ask the Australian Federal Police to prepare a Brief of Evidence for referral to the Director of Public Prosecutions (DPP), if appropriate.
13. I would urge the Australian Federal Police to proceed with its investigation immediately, especially given the risk of disappearance of vital evidence.
Thank you once again for taking the time to investigate this very serious matter.
Graham Perrett MP
Shadow Parliamentary Secretary to the Shadow Attorney General
Federal Member for Moreton
CC Commander Errol Raiser
Manager Special References
GPO Box 401
CANBERRA CITY ACT 2601