Offshore detention, Turnbull, Clinton and onscreen lies

Clinton on Monica Lewinsky

https://www.youtube.com/watch?v=KiIP_KDQmXs

Arguably the most celebrated lie from the world's most celebrated political liar, and all in 26 seconds. 

Turnbull on offshore detention

Malcolm Turnbull took a little longer in laying down the lie that the Commonwealth does not control the offshore detention centres in Papua New Guinea and Nauru. Why? In order to convert the lie to fact, he felt it necessary to repeat it three times in his "Four Corners' interview on Monday night. Here is the transcript (as cut and pasted):

"MALCOLM TURNBULL: ... Nauru is managed by the Nauru government, Manus by the PNG government.

...

... those places are those um centres are managed by the res- th- the respective governments, PNG and Nauru, that's a fact.

...

Well, we don't hold them there. We don't hold them there. That's th- that is that is not correct. We do not hold them there."

And now for a hypothetical:

Let us imagine that businessman Turnbull decides to run a brothel in Papua New Guinea. He buys a building for the enterprise, illegally imports the girls, confiscates their passports so that they cannot leave the country, installs a locally recruited madam, who prevents the girls from leaving the premises, and meets all of the payments associated with the enterprise.

Could it sensibly be argued that he is not managing a brothel? and guilty of detaining the girls in a brothel contrary to section 221 of Papua New Guinea's Criminal Code?

The evidence before the Supreme Court of Papua New Guinea, and the High Court of Australia that supports the analogy is for another day.

The Four Corners Interview

http://www.abc.net.au/4corners/stories/2016/06/27/4487476.htm

The interview.  The well-rehearsed lie comes around the 49th minute.

Malcolm Turnbull on Manus Island - Play Misty for Me?

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Construction workers walk around the secure perimeter fence of the Refugee Processing Centre at Lombrum, Manus Island, Papua New Guinea. 2014. © Vlad Sokhin / Panos Pictures

This morning Malcolm Turnbull urged Australian taxpayers, and soon-to-be voters, not to be "misty-eyed" about the plight of those imprisoned in the Australian-funded and operated 'Immigration Processing Centre' on Manus Island.  

No, Mr Turnbull, I am not "misty-eyed" about the Manus detention centre. But I am clear-eyed about the law. 

False imprisonment is a tort attracting awards of substantial damages. It is apparent from the judgement of the PNG Supreme Court, as it must have been to successive Australian Governments, that those detained have been falsely imprisoned, and that the damages to which they are entitled are mounting by the day. 

Perhaps more importantly, they have been deprived of their liberty, and deprivation of liberty, as in Australia, is a serious crime.  Under section 355 of the PNG Criminal Code. It is punishable by up to three years imprisonment.  Before Minister Dutton and his officials fly off to Port Moresby they might also ponder section 13:

OFFENCES PROCURED OR COUNSELLED BY PERSONS OUTSIDE PAPUA NEW GUINEA.

(1) A person who–

(a) while outside Papua New Guinea procures another person to do or omit to do an act in Papua New Guinea of such a nature that, if he had himself done the act or made the omission, in Papua New Guinea, he would have been guilty of an offence; and

(b) afterwards comes into Papua New Guinea,

is by coming into Papua New Guinea guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission in Papua New Guinea.

(2) A person who–

(a) while outside Papua New Guinea counsels or procures the commission of an offence that is actually committed in Papua New Guinea; and

(b) afterwards comes into Papua New Guinea,

is guilty of an offence of the same kind, and is liable to the same punishment, as if he had been in Papua New Guinea when the offence was committed.

No, Mr Turnbull it is not an Immigration Processing Centre.  It is plainly, as you as a lawyer must have known, and as the Supreme Court of Papua New Guinea has held, an illegal prison, funded, controlled and operated by the Commonwealth.