LOL, what a spectacular own goal.
http://www.theaustralian.com.au/national-affairs/in-depth/ashby-conspiracy-claim...Ashby conspiracy claims backfire
by: Leo Shanahan
ATTEMPTS by Peter Slipper and ministers to label the behaviour of James Ashby part of a criminal conspiracy have backfired.
A federal court judge has said because of the claims, he can no longer force Mr Ashby to file a response to allegations of abuse of process for fear of incriminating himself. Federal minister Anthony Albanese had compared the Ashby case to Watergate and called for the Australian Federal Police to investigate Mr Ashby's behaviour in allegedly leaking parts or Mr Slipper's diary to political rivals and the media. These comments were highlighted by Mr Ashby's lawyer Michael Lee SC as evidence of the fact Mr Ashby was being accused of criminal conspiracy.
Mr Lee also produced a letter from Mr Slipper's lawyers requesting text message communications from Mr Ashby to fellow Slipper staffer Karen Doane, former Howard government Minister Mal Brough and News Limited journalist Steve Lewis, which would be provided to the AFP for a possible criminal investigation.
Mr Ashby is suing the speaker of the house Mr Slipper for sexual harassment, with Mr Slipper and the Commonwealth arguing that the case is an abuse of process.
However Justice Steven Rares in the Federal Court this morning said that the allegations of a criminal conspiracy from Mr Slipper and senior ministers meant that Mr Ashby could no longer be forced to make a submission against the allegations in the civil case because he may incriminate himself.
"You have raised the stakes, now in raising the stakes you cannot just pull back a bit . . . You don't know how somebody might use that information in a criminal investigation," Justice Rares told Mr Slipper's lawyer David Chin.
"He does not have to give his name if he is involved in and suspected of a crime . . . If we do not uphold those rights in our society we live in a police state."
Justice Rares said the counter allegations by Mr Slipper and ministers of a criminal conspiracy meant it would almost be impossible for Mr Ashby to be compelled to file a statement in response to the abuse of process claim.
"Your client and one of the senior ministers in the press is reported to make similar allegations . . . Having put this on the table why should I force Mr Ashby to do something that may incriminate him."
Justice Rares also suggested that the parties "take a step back" and considered a mediated conclusion to the sexual harassment allegations.
"I would not order mediation in this matter . . . But perhaps it would be best if all parties took a step back and resolve their differences in a manner that does not distract from their lives."
Justice Rares said that perhaps the case had become "out of all proportion" and he was "not here to deal with the political side".