LAW - LEGAL ISSUES

Conduct of Michael Harmer in the Ashby Case



Conduct of Michael Harmer in the Ashby Case

Introduction

As the new ethics lawyer at the Queensland Law Society and, knowing that I have recently completed the LPP course at Griffith University, I am writing a piece for 'Proctor' about the conduct of Michael Harmer in the 'Ashby case.' It would be beneficial to start from the brief background and facts of this case. The participants of this case included, an applicant, “James Hunter Ashby”, first respondent, “The Commonwealth of Australia”, second respondent, “Peter Slipper”, and “Justice Steven Rares.” The case was originated under the “Fair Work Act 2009.” The second respondent “Peter Slipper MP” filed claim for the measures brought against him by the case applicant “James Ashby”, who sacked or continued as an abuse of the process of the Court. The argument was that an abuse had occurred due to the fact that the Court's process was involved in a concealed or in an appropriate reason, or in an inappropriate manner, or in a manner that brought the management of justice into disrespect among right thinking people.

The notion of “abuse of process” in a usual intention is a recent creation by campaigner judges who fault themselves for lawmakers. It has a vast history in legal frameworks, which follow the “English common law tradition.” Moreover, the regulations of process which oversee the manner of proceedings in Australian courts frequently hold an express provision allowing a judge to continue an action on the basis of abuse of process. In the case of “Ashby v Commonwealth of Australia”, it was suspected by Mr. Slipper that the applicant “Ashby” had an inappropriate and major reason for beginning and following the proceedings.

Discussion

Case Background

The case of “James Hunter Ashby v Commonwealth of Australia & Anor” involved highlights such as, allegation of “sexual harassment”, “knowledge of the Commonwealth”, “the second respondent offered employment to the applicant”, “happenings during the first week in Canberra”, “the occasion of 14th January, 2012 and subsequent”, “details of text messages on 1st and 2nd February, 2012”, and the “incidents on 1st and 20th March, 2012.” The applicant “Ashby” acknowledged a position as a consultant in Slipper's official staff soon after he became Speaker of the House in 2011 in contentious conditions. Slipper also resigned from his position as a member of the opposition Liberal National Party and seated as an independent. Slipper was then experiencing a probable confronts for pre selection for his seat by Mal Brough a past Howard Government minister. Following are the severe allegations made by the applicant “Ashby” against Slipper:

Slipper had sexually hassled Ashby in the course of his employment in text messages, verbally, and on an occasion, by blowing his arm in his office.

Ashby also got aware that, in 2003, Slipper had a sexual nature relationship with a young male member of his staff and an encounter among them was recorded on a video. A viewer of the video had declared that the relationship represented was ...