Steve Fielding (Victoria, Family First Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Attorney-General, Senator Wong. I refer to the multiple reports aired on Today Tonight regarding the government’s seemingly unwillingness to bring Guy Campos, a self-confessed child beater and alleged war criminal and murderer, to justice for crimes committed against the East Timorese. Can the government confirm that, after dragging its feet on the issue of bringing this man to justice for over a year, it has now decided to shirk its obligations under the Geneva convention and has instead asked Mr Campos to voluntarily leave the country by 18 September rather than prosecute him for alleged war crimes?

Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Link to this | Hansard source

I thank Senator Fielding for the question. He did ask me a question earlier this year in relation to Mr Campos. I would like to start by expressing what I am sure everybody in the chamber would agree with, which is that these are tragic events. The allegations of what has occurred, and in particular the death of Francisco Ximenes, have been the subject of public discussion and no doubt continue to be extremely difficult for his family. As I have previously indicated, allegations such as these do give rise to complex legal and factual issues. I have previously indicated—I think in this place to you, Senator Fielding—that the AFP is currently investigating allegations relating to the conduct of Mr Campos in the 1990s. But I reiterate that under our system decisions in relation to investigation, arrest or prosecution of any individual are matters for the Australian Federal Police and the Commonwealth Director of Public Prosecutions, who are the independent statutory authorities. These are not decisions for ministers or for the government. I again express to you that that is as it should be within our system of law.

Steve Fielding (Victoria, Family First Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I notice that there was not really any confirmation about whether the government has asked Mr Campos to voluntarily leave the country by 18 September. Is it a fact that the Attorney-General is considering issuing a criminal justice certificate that would allow Mr Campos to stay in Australia after 18 September while investigations into his alleged war crimes continue, but that this would do nothing to stop him from leaving the country to escape prosecution, and that the only way for the government to make sure that Mr Campos is brought to justice is, once and for all, to charge him for the horrific crimes which he is alleged to have committed?

Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Link to this | Hansard source

Again I take issue, if I may, with Senator Fielding’s last assertion where he talks about the government charging people. We do not have a system of law in this country where the government charges people. Charges are laid by independent statutory authorities. In relation to the issue of Mr Campos’s visa status, details of those questions should be addressed to Senator Evans as the Minister for Immigration and Citizenship. In general terms, the Attorney-General is able to issue a criminal justice stay certificate that enables the stay of a removal of a noncitizen. That is a determination the Attorney-General can make. As to the appropriateness of the issue of such a certificate once a person’s visa has expired, a criminal justice stay certificate will be— (Time expired)

Steve Fielding (Victoria, Family First Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Does it seem odd for this government to allow alleged war criminals to roam freely in our streets and then allow them to leave the country to escape prosecution without the government making any attempt to try to bring them to justice and to fulfil our obligations under the Geneva convention?

Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Link to this | Hansard source

Again I say this: currently, as I understand it, Mr Campos is on a valid bridging visa. Again I reiterate that the Attorney-General does have the discretion to issue criminal justice stay certificates in relation to persons once their visas have expired. Such a certificate would ensure that such a person is not able to be removed from Australia and the Attorney-General could only do so if he was satisfied that the person should remain in Australia for the purpose of the administration of criminal justice in relation to a Commonwealth offence. Again I say that it is a matter for the Australian Federal Police as to whether there is sufficient information available to the Attorney-General in relation to this case for that consideration to be made. More broadly, issues as to prosecutions decisions are not matters for the minister; they are matters for the independent statutory authorities to which I have referred. (Time expired)