Category: Law

Mr Porter’s Problem

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Thursday, Mar. 4, 2021

It’s not that he’s an entitled brat who’s never properly grown up. It isn’t that he counts himself among a group of Liberal politicians who style themselves The Swinging Dicks (a tip, fellas: buy better underwear). It isn’t that, as a consequence of his all-too-common adolescent male fantasy, he’s in that cohort of men who think women are privileged that he has noticed them and should be grateful for this beneficence. It’s not even that as attorney-general of the Commonwealth, he’s Australia’s senior law officer: that may formally be the case, but he’s just another politician, and in his case, a bad one.

Christian Porter’s problem is that when he finally fronted up to a media conference and unwelcome photo opportunity in Perth yesterday, having by his silence for far too long allowed the other 15 males in federal cabinet to be speculated upon as possible rapists, he spent 45 minutes explaining that he was the victim. Pass the sickbag. With that pathetic demonstration of the true nature of his character, he identified himself very clearly as a man with whom it would be unfortunate if not fatal to share a foxhole under fire in No Man’s Land. He denied all allegations against him. He is entitled to do so, under oath or otherwise. But there could not be a police investigation because – and there are sensible reasons for this – a complaint dies with the complainant. In this instance, too, the woman who lodged the complaint, alleging that the attorney general of the Commonwealth raped her in 1988, when he was 17 and she was 16, had not formalised her complaint before she took her own life.

Ending a police inquiry – before it had begun, in this instance – has no bearing on determining whether there should be an inquiry into historical allegations of rape. Again, Attorney General Porter is entitled to protest his innocence. He is entitled to smear the memory of the woman who claimed she was his victim, by asserting that none of the events alleged took place. In his view, then, she lied, or was mistaken, or was malicious or mad. He can do that in perfect safety. The dead cannot sue for defamation. 

But there is a word that aptly describes powerful, well-connected men whose superior sense of entitled grievance when challenged leads them to assert that they are excused scrutiny. Mr Porter has added a substantial footnote to the lexicography of crude epithets with his performance yesterday in Perth.

Instead of clearing the air by finally finding some courage – by announcing, say, that he maintained his denial of the events alleged but that in the circumstances there should be an inquiry and that he would stand aside while this took place – he gave us a fairy story. He asserted that if allegations were made against politicians and others who denied them, and that if they had to stand aside while these were investigated, then the whole basis of our rule of law would be destroyed. Give. Me. A. Break. The office of attorney-general is just that, an office like any other. If an incumbent cannot act, whether or not temporarily, other people can fill that office. No one would fall off the sides of Mr Porter’s apparently flat earth if he did the decent, sensible thing. Except perhaps in astonishment.

NOTE: Paul Kelly has a good piece in The Australian today that puts another argument. It’s worth reading, if it’s available to you, and I have done so. I can’t post a link to it here, as I no longer subscribe to the newspaper. That’s a budgetary decision rather than a cerebral choice. I’ve always read from a variety of contestable sources.

HECTOR’S DIARY Bali Advertiser, Feb. 17, 2016

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His fortnightly diet of worms and other non-religious experiences

 

Far Queue Again

The periodic struggle to get vehicles into and out of Ngurah Rai airport was worse than usual on Feb. 5, apparently. We weren’t there, which is probably a good thing. One hour-plus irritation a month already tests our toleration limit. It isn’t that we’re unsympathetic to local rites, religious or otherwise: far from it in fact, and far further than many might think. But of course we’ve only been here 10 years, much less time than many Resident Bules who clearly know a lot better, and that must be why we don’t really see the need to exponentially expand mayhem as a function of Bali life when it’s actually simpler not to.

In normal circumstances the absence of the phrase membentuk antrian tertib (form an orderly queue) from both everyday Bahasa Indonesia and local consciousness – to say nothing of whatever the equivalent might notionally be in Basa Bali – creates road conditions that are interesting. That’s in the old Chinese sense. It’s not just at the airport. The chaotic Mille-Feuille Roundabout on the By-Pass is a case in point. That’s where traffic dashes in, using an anarchic multiplicity of “lanes” from four directions, including the airport and the toll road, while the traffic police look on (in desperation, it sometimes seems, and we sympathise) and drivers ignore everything except their own apparently desperate need to get in front of everyone else. In lighter traffic this can work, as long as you have nerves of steel. And you can jag a dream run round that funny round bit in the middle if you’re there at 4am, though you still need to be watchful for idiots who are doing 80km/h, aren’t looking, and don’t have their lights on. It’s a bit like the flood drains we don’t have here. They’re a waste of space when it’s not raining.

The Feb.5 mess at the airport resulted from roads being closed for local ceremonies. The important Galungan (Feb. 9-11) festivities were coming up. Galungan is second only to Nyepi (Mar. 9 this year) for which the airport is officially closed. We’re told that on Feb. 5 it was taking vehicles an hour or more just to get into or out of the airport. The area resembled a parking lot. Leaving aside the issue of convenience for road users and the tedious matter of missing your flight, an unmovable traffic jam is a security concern in such a vital piece of public infrastructure.

Two things need to be looked at. One is the requirement for the airport operating company, a featherbed state corporation, to bother about its responsibilities beyond collecting money. It should look at the airport’s ridiculous car parking arrangements and the road layout, for a start. The other is for the Bali provincial government and local councils to work with banjars on a plan that will recognise and facilitate both the requirements of adat (custom) and traffic needs. Public thoroughfares are no longer the village pathways that once could be blocked off at no great inconvenience to anyone.

Hindu ceremonies are a crucial element of life in Bali. They must be protected and encouraged. They are the very essence of Bali and they’ll remain so even when Hindus become a minority in some areas, and even island wide, which ultimately seems inevitable.

Drink Up

We went with a lovely friend the other evening to the Nusa Dua Beach Hotel in search of dinner. The desire had been expressed for the sort of meat and three veg dinner that is traditional in certain cultures and which can be difficult to find here. We went where we went because the lovely friend thought that’s where she might have been once, when such fare was apparently on offer.

It wasn’t the place and there were no roast dinners – the Diary was not at all displeased – and we dined at the resort’s beachside Tamarind restaurant. The food was very good indeed, the intricacies of true medium-rare steak were clearly understood, a further bonus; and the Californian red zinfandel (a Berringer) was a very nice drop.

We had a drink before dining. That was a slightly more enervating process. It was Happy Hour, they told us, on the standard two-for-one plan. The waiter brought two drinks menus. The Diary pointed out that there were three of us at the table. Oh yes, um, OK. A third menu eventually arrived, with an expression that bordered a tad too closely on exasperation. We then ordered “one large Bintang two glass” (the usual Diary and Distaff deal) and the lovely friend asked for a Gordon’s gin and tonic. The waiter tried to give the Distaff the large Bintang and the two glasses. Maybe the Diary really is invisible. Or perhaps the training sessions there mandate that when two women and one man are ordering, the man is a Non-Presence; or is just along for the rides.

We chatted and drank our drinks, enjoying the tropic ambience and browsing through the dinner menu. Then we called for our Happy Hour second round. Oh no, they tried to say, Happy Hour ends at 7pm. But we ordered before 7pm, the Distaff and lovely friend advised. The Diary remained silent, since he was apparently invisible. A manager appeared and tried to reinforce the too-late rule. He eventually conceded defeat and scurried off to get the bevies. The gin wasn’t Gordon’s. This was noticed. What a surprise! It got sent back.

Desert Island Slipped Discs

Very little is more ignorant than breathless tabloid TV and the Australian sector of this disinformation industry is probably well up there with the worst. It’s often well meaning, Aussies being, you know, good blokes. Unless they’ve inadvertently trodden on their bonnets and got bees in them, but that can happen to anyone. So we were not surprised to see a promo for an item on the Seven Network’s Today Tonight show about Aussie couple that had gone to Bali and built a jungle resort on a deserted island.

Suna and Joe Cavanagh, of Perth, have built Castaway resort on Lembongan, towards the rugged western end of the island where the Indian Ocean swells crash spectacularly into the low rocky cliffs. The resort, which is locally managed, looks fabulous and is on the Diary’s list for an unannounced visit. It’s on the sheltered coast away from the rollers.

Lembongan is a beautiful spot. But it is not deserted – the Islanders alone number around 5000 – and neither is it by any measure jungle. Still, as Suna Cavanagh advised fans on Facebook, that’s TV.

Rule of Lore

No doubt it will be appealed all the way to the Court of Final Shemozzle, but the recent decision of the Indonesian Supreme Court to uphold a ruling in a lower court last year to award use of the global IKEA trade name to a furniture outfit in Surabaya is worth a belly laugh, albeit it a hollow one. In a majority decision – there was one dissenting judge, apparently the sentient one – the Supreme Court said that since IKEA had not used its trade name in Indonesia for three years it had forfeited its right to do so. There’s no need to pause for applause. It’s just how they do things here.

The law the judges (minus the dissenter) decided in their wisdom to apply is designed to regulate the bottom-feeders, those who in the usual fashion here have mortgaged their companies to the White Elephant franchise and gone out of business. Foreigners do this too – we’re not making an invidiously focused point.

But the Swedish company IKEA is a global operation. It hasn’t gone out of business. Its Indonesian operations might need a makeover – if so, it’s far from alone in overlooking that imperative – but its global brand name is extant. Its headquarters are in Leiden, The Netherlands, not in Surabaya, East Java, where Intan Khatulistiwa Esa Abadi plies its trade.

Life of George

These things happen, but it can be a little embarrassing when they do. A chap we know who calls himself Richard got a note the other day from George Wright, national secretary of the Australian Labor Party. That wasn’t unusual. George writes to Richard regularly, about this and that and sundry other things.

There was a twist, however, in this instance. The missive that the virtual postman dropped into the virtual mailbox was a little apology, on which George, bless him, had tried to put the best spin possible. A recent message he’d sent, it said, had addressed Richard as Riley, and he was writing to say he knew Richard was Richard and wasn’t Riley at all, and he was sorry about all this. He signed himself off as “George (not Riley)”. We thought that was a nice touch.

Automated mail programs can be painful. They make you think of all sorts of things with which to complete a distempered exhortation that begins “R for…”

Hector tweets @scratchings on Twitter. His diary appears in the print and on line editions of the Bali Advertiser.

HECTOR’S DIARY Bali Advertiser, May 13, 2015

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His fortnightly diet of worms and other non-religious experiences

The Full Farce of the Law

Sometimes a diarist in the Pancasila Archipelago finds himself wishing he were Archie Clark-Kerr, the British ambassador in wartime Moscow famous for finding himself grateful for any little shafts of light that came his way from heaven. He memorialized one such rarity in 1943 in a rather outré note he typed himself. It reported to the Foreign Office in London the arrival in the beleaguered Soviet capital of a new Turkish envoy called Mustapha Kunt.

There are precious few shafts of light from heaven or anywhere else around here at the moment. Instead, clouds of judicial and political imprudence (readers may wish to regard the ‘r’ as silent) darken the scene.

Susi Johnston, the long-time American resident of Bali whose home was serially invaded by thugs plainly connected with a bid by a woman who was not the nominee to acquire the property at Johnston’s expense, has had many days in court. None of them have been productive of anything except unintelligible bumf and rulings more suited to fictional Ruritania than to factional Indonesia, which aspires to leadership in South-East Asia.

The nominee system is of course outside the law. Lots of lawyers are driving expensively shiny black motor cars on the back of this winked-at illegality. The new Minister of Land Law (who is also director-general of the department) is conducting an audit of foreign-owned residential property to ensure that none continues to be held under this acquisitive fiction, on pain of confiscation to the financial detriment of any foreigners who haven’t regularized their titles prior to seizure. Possibly a lot more lawyers are planning to acquire expensively shiny black motor cars given this latest opportunity to charge outrageous fees to achieve nil result.

That aside, Johnston’s experience with home invasions and ex-nominees is highly instructive. A panel of judges in Denpasar District Court recently heard a criminal case brought by the police against three miscreants alleged to have thrice smashed up Johnston’s home at Mengwi, removed its contents to a handily waiting truck, and terrorized her for two years in the home she and her late husband built.

The judges – two of whom then immediately departed Denpasar for judicial posts elsewhere in Indonesia – found all three not guilty of any crime. They are, therefore, innocent, at least in the judicial meaning of that word. Most of us would be happy, granted, if we were in fact innocent of the charges on which we had been arraigned in court. Some of us might even celebrate that fact, judiciously, a little later, outside the precincts of the court in question.

Not these three however, who attended on the day the judges’ decision was to be handed down and sentences (if any) were to be meted out. They were supported by a group of male persons whom some have described as thugs. We were not in court and can make no assessment ourselves of their thuggish nature. They did however engage in scenes of fist-pumping and shouted approbation when their three friends were cleared, took group selfies, and threatened a female journalist covering the case.  Anywhere else this disgraceful display would have been seen as contempt of court worthy of reprimand if not penalty.

If all this leaves a foul taste in your mouth, then while it may not take the taste away, be assured it is a sensation that is fully shared by your diarist – and by anyone else, anywhere, who would prefer not to have to regard the law as a complete farce.

Bright Ideas Department

Perhaps President Joko Widodo is under even more pressure to perform to someone else’s prescription than has been evident thus far. He has now appeared publicly in populist mode promoting a threat to revoke the licences of private hospitals that refuse to treat people on their government issued health cards.

He’s missing the point. No hospital worthy of licensing would turn away an emergency case, but private hospitals are not bits of the health infrastructure that government doesn’t have to bother funding. “Socialisme” is, well, rather passé. Just ask China.

A more reasonable view is that private hospitals should participate in and support government programs to provide health care for the poor. The President would most likely find the private hospital sector keen to play a role in raising the standard of health of the population.

This would necessarily come at a price. The government could (and arguably it should) support private hospital programs for health card holders by allowing them to access the affordable medication, consumables and other incentives that are afforded to public hospitals.

Shot in the Dark

A lot of people have said quite a lot about the executions of six convicted drug traffickers at Nusa Kambangan Island in Central Java on Apr. 29. More will be said in coming months as the law of unintended consequences catches up with President Widodo. The executions – and those which preceded them as well as any that may follow – will not stop trafficking.

The drug problem that the President says he will stop by ignoring his commitment to human rights and instead having people routinely shot dead just after midnight is a modern phenomenon of cities and tourist centres found around the globe. And while international trafficking is a serious problem, the real problem and the real criminal organizers of it are home-grown.

It will not be countered by risible circuses demonstrating state power, such as the deployment of Sukhoi fighters to Bali to fly cover for the chartered aircraft transporting Bali Nine prisoners Myuran Sukumaran, who became an artist in jail, and Andrew Chan, who took holy orders while incarcerated, to their place of death. Or by the contingents of armed police that were also, astonishingly, deemed necessary.

Transporting two convicts can be done, with the assistance of handcuffs if necessary, by police and prison officers. Barnum & Bailey three-ring circuses are superfluous. Both men had become model prisoners who had contributed to rehabilitation programs at Kerobokan that are a tribute both to them and to the prison authorities.

We’re aware of certain darker elements in Sukumaran’s post-conviction behaviour that are not to his credit, but that’s rather beside the point now and in any case predated his obvious rehabilitation. Neither he nor Chan was going to attempt to escape. The Australian SAS was not going to swoop from the sky and snatch them away.

The President’s predecessor, Susilo Bambang Yudhoyono, and members of the new government from the vice-president down seem to have understood this very well. They offered advice that it was possible to look at things on a case by case basis – and at the execution orders when these were slipped across the presidential desk for signature. They advised that Indonesia’s real interests would be better served by pulling back from the “kill everyone” formula. Even Prabowo Subianto, Jokowi’s strongman rival last year when the President was running on a human rights ticket, said so.

There is now a revitalized push among Indonesians to abolish capital punishment. It’s unlikely to go anywhere fast; but things are moving – and that’s forward, not backwards.

Ah, Daylight!

And now for some light relief: the Bali program of the 2015 Europe on Screen festival in Indonesia. This was at Pan Pacific Nirwana at Tanah Lot on May 2-3. It’s a great location to watch a movie. The waves rolling into the beach almost seem part of the film set.

The film on May 3 was Daglicht (Daylight) made by Eyeworks in the Netherlands in 2013 and directed by Diederik van Rooijen. It was adapted from the 2008 book by Marion Pauw that won the Golden Noose Dutch Crime award. The film stars Angela Schijf and is a little noir (it also has a different ending). But it deals in a compelling way with autism and the plot keeps you on your toes. The English subtitling was very good. Perhaps for Indonesian screenings subtitling should also be in Bahasa.

We had a chat with producer Judith Hees about films in the works. That was another highlight of the evening. Eyeworks, whose main work is in TV, made the series What Really Happens in Bali. We didn’t chat about that.

The film on May 2 was the British production Rush (2013) portraying the merciless 1970s rivalry between Formula One rivals James Hunt and Niki Lauda. The Europe on Screen Bali program was supported by the charity SoleMen, whose best foot forward Robert Epstone was present. He was shoeless but in fine form as always.

Hector tweets @ scratchings on Twitter. His diary appears in the print and online editions of the Bali Advertiser http://www.baliadvertiser.biz