Eric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Last week Senator Brown, in a soap opera type performance, publicly appealed for donations supposedly to stave off imminent bankruptcy and consequent expulsion from the Senate—a claim backed up dramatically by no less an authority than the Clerk of the Senate, although it is there in black and white in the Constitution, section 44, placitum (iii). Even the hapless lawyer of The Castle could have told Senator Brown that. Senator Brown’s alleged financial plight was due to having to pay $239,000 in legal costs incurred because of his own personal ill-considered legal challenge to selective logging in the Wielangta forest. This $239,000 comes on top of Senator Brown’s personal costs.

According to the Age, Senator Brown said:

… he had $10,000 cash to his name, and little chance of selling remaining property by the due date.

He has already raised more than $600,000 in costs for the case that was lost in the High Court. “I don’t have the money,” he said.

You probably missed it, but Senator Brown slipped into his YouTube broadcast that he actually meant ‘technical bankruptcy’—by which I assume he means not actual or real bankruptcy—but there was no such disclosure in his media release which was faithfully regurgitated by many of the fawning members of the media. Nor was there any challenge, by the way, to Senator Brown’s vehement condemnation of people who take legal action against him. Legal action against Senator Brown by its very definition, it seems, must be bad. And, of course, legal action, no matter how ill-advised, taken by Senator Brown is also by very definition good. The double standard is easy to ignore if consistency and intellectual rigour and integrity are not part of the framework under which you operate.

We are told Senator Brown’s public appeal resulted in a deluge of support. But what would-be donors were not told last week was that, as at October 2008, Senator Brown’s so-called Wielangta forest fund—but actually the RJ Brown forest account—had already raised $739,000 at a bare minimum. How do we know this? Because, after being shamed into disclosing this fund’s receipts to the register of senators’ interests, Senator Brown had disclosed at least $739,000 in donations by October 2008. Even then he did not detail donations for May to July 2008, nor has he disclosed donations received in the seven months since October 2008. In other words, there are up to 10 months missing. Clearly the senator does not abide by the same accountability rules he so self-righteously insists be imposed on everybody else. For example, Senator Brown has not disclosed the proceeds of his allegedly successful Wild Photos exhibition held earlier this year. So it follows that prior to his public appeal Senator Brown’s account had undoubtedly received more than the $739,000 he has to date disclosed, and probably significantly more.

Which brings me to the question of Senator Brown’s personal legal costs. So far as the register of senators’ interests is concerned, Senator Brown has only disclosed legal costs of $35,000 for the six months from 1 July 2005 to January 2006. A press release issued by Senator Brown said:

The High Court awarded no costs against Senator Brown because of the public interest of the case …

However, the Federal Court’s decision to award costs against Senator Brown may leave him with a bill, including his own representation, of $200,000 to $300,000.

However, numerous recent briefings by Senator Brown put his personal legal costs at $600,000. When pressed on exactly this point last Wednesday evening by Gerard McManus from the Herald Sun, Senator Brown’s office confirmed his personal legal costs were $600,000. Even on this basis, when making his recent appeal he needed less than $100,000 to pay legal costs and maybe nothing at all. It is extraordinary that, immediately the Herald Sun probed and questioned the apparent healthy state of his fund and the veracity of his claims to be on the verge of bankruptcy, Senator Brown closed down his appeal, saying there had been a huge public response and that any extra money would be put into the campaign to save Australia’s forests. This includes, I note, the so-called Triabunna 13, individuals facing the Supreme Court for blockading and chaining themselves to machinery, costing struggling contractors tens of thousands of dollars. I wonder how many well-meaning people who gave to save Senator Brown from phantom bankruptcy knew their donations could be used to defend these irresponsible antics.

I understand that Senator Brown is now explaining the discrepancy between what he raised and what he owes by claiming to journalists that his personal legal costs are not $600,000 but $1 million. Like many of Senator Brown’s claims, this latest claim to be on the verge of personal bankruptcy just does not add up. His approach to fundraising and accountability is reminiscent of Max Bialystok of The Producers. Senator Brown must now come clean, become accountable, cease flouting his obligations to the Senate and disclose all amounts he has received, when he received them and the amounts paid out and to whom. The fact is Senator Brown’s legal challenge to selective logging in Wielangta was always ill-advised and dubious. Sadly, some so-called environmental activists have in the past put cuddly animals on their websites to solicit donations for what are essentially scams, preying upon people’s good nature and gullibility. This latest stunt by Senator Brown, crying poor over legal costs, will be seen in the same light or worse. For all his talk about Wielangta’s wedge-tailed eagle, the marvellous swift parrot and the ancient stag beetle, the policies advocated by the senator actually contributed to the destruction of their habitat. By this I mean Senator Brown’s calls against selective logging and hyperbole about the mushroom clouds of fuel reduction burns. Such measures, if allowed, would have mitigated the almost total destruction of Wielangta and the wildlife contained therein in the devastating 2006 bushfire, which killed more stag beetles and destroyed more swift parrot habitat than 100 years of selective harvesting ever did.

The fact is Senator Brown’s legal challenge lost not on a technicality but on the law. Remember the law? It is what everyone else has to abide by unless, it seems, they are a Green crusader. Regrettably, to Senator Brown and his gullible followers, science, the rule of law, accountability and, above all, truth are often relative concepts. Sadly it seems that, if you bang on enough about how much you really care about forests, some misguided people will give you money—even if you may not need it and even if your policies and legal challenges would see those same forest habitats destroyed. My challenge to Senator Brown is this: be accountable. Immediately disclose to the Senate, as is required, exactly how much your fund raised prior to last week’s appeal, and disclose and substantiate your progressive personal legal costs. Anything less, Mr President, will be a wholesale abrogation of his duties as a senator and ethically bankrupt.