Inquiry finds Husar behaved badly to staff but dismisses allegations of lewd conduct


Michelle Grattan, University of Canberra

The inquiry into Labor MP Emma Husar’s conduct has upheld complaints that she behaved unreasonably towards her staff, but rejected claims of lewd conduct and misleading the parliament.

These are the central findings of the independent assessment by barrister John Whelan, commissioned by the NSW Labor party. The party said the legal advice, based on this assessment, was that there was “no basis” for Husar to resign from parliament.

Husar, who is in her first term, announced this week she would quit at the election.

NSW Labor issued a summary of the Whelan inquiry’s findings on Friday.




Read more:
Grattan on Friday: Turnbull is trying to turn Emma Husar story into a Bill Shorten narrative


The assessment said the allegation of misuse of public entitlements should be referred to the Independent Parliamentary Expenses Authority for audit, and noted Husar had advised she was referring herself.

It found allegations of sexual harassment, on the balance of probabilities and Briginshaw Standard, were not supported. Nor were claims that she behaved in a lewd manner in the office of Labor frontbencher Jason Clare.

But complaints that staff performed non-work related and personal duties for Husar had merit – “even accounting for the particular nature of political offices”. They should be referred to the Department of Finance’s Ministerial and Parliamentary Services for advice about the appropriate employment guidelines issued to MPs, the assessment said.

It also found merit in complaints that “staff were subjected to unreasonable management, including unreasonable communication, demands, practices and disciplinary methods”.

The assessment outlined the two contrasting perceptions of what had happened that it had been given.

Husar argued “she manages appropriately to achieve higher standards of performance and loyalty. And does so under a heavy workload, intense personal stress and a desire to serve Western Sydney and in particular the cause of victims of domestic violence.”

But the men and women who made complaints “perceive and allege they have found much of the member’s management offensive and unreasonable”.

“After considering all sides of the relevant issues the assessment has generally favoured the complainant’s perception of events.”

The inquiry recommended Ministerial and Parliamentary Services review the accessibility of the current electorate office staff complaints resolution process.

It also said Husar, who is on extended leave, and Finance’s Ministerial and Parliamentary Services should be asked to develop a “return to work” plan, covering timing, training, staff needs and office support.

The assessment condemned as “reprehensible” the release publicly of selected allegations.

It said there were concerns for the wellbeing of many involved and counselling was being made available.

The full assessment – which emphasised the need for a “de-escalation” – will not be released.

Husar said the report had cleared her “of the most malicious and damaging of allegations, which were not only baseless but leaked to media.”

“I don’t believe any of these should have cost me my reputation, my job, or humiliated me and my children, ” she said.

“This has been trial by media, gossip and innuendo.

“I am gutted that the willingness of certain individuals, and certain parts of the media, to defame me on vexatious and unfounded accusations, has caused so much personal, emotional and professional damage to me, so much hurt to those close to me, and political harm to the party I love, have supported and worked so hard for.”

The ConversationShe said she was confident that if she had been given the opportunity to respond to all allegations in full, without the public attacks, she would have been able to put the matter behind her and continue to serve her electorate of Lindsay.

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Advertisements

EGYPT: COURT DENIES RIGHT TO CONVERT TO SECOND CHRISTIAN


Maher El-Gohary provides requested documents, but judge dismisses them.

ISTANBUL, June 16 (Compass Direct News) – A Cairo judge on Saturday (June 13) rejected an Egyptian’s convert’s attempt to change his identification card’s religious status from Muslim to Christian, the second failed attempt to exercise constitutionally guaranteed religious freedom by a Muslim-born convert to Christianity.

For Maher El-Gohary, who has been attacked on the street, subjected to death threats and driven into hiding as a result of opening his case 10 months ago, Saturday’s outcome provided nothing in the way of consolation.

“I am disappointed with what happened and shocked with the decision, because I went to great lengths and through a great deal of hardship,” he said.

El-Gohary follows Mohammed Ahmed Hegazy as only the second Muslim-born convert in Egypt to request such a change. El-Gohary filed suit against the Ministry of the Interior for rejecting his application in August last year.

In contrast to their angry chants and threats in previous hearings, lawyers representing the government sat quietly as Judge Hamdy Yasin read his decision in a session that lasted no more than 10 minutes, according to one of El-Gohary’s lawyers, Nabil Ghobreyal.

The judge rejected El-Gohary’s application even though the convert provided a baptism certificate and a letter of acceptance into the Coptic Orthodox Church that the judge had demanded.

“The judge said he will not accept the [baptism] certificate from Cyprus or the letter from Father Matthias [Nasr Manqarious],” said Ghobreyal. “Even if he gets a letter from the pope, the judge said he would not accept it, because the remit of the church is to deal with Christians, not to deal with Muslims who convert to Christianity; this is outside their remit.”

El-Gohary sounded perplexed and frustrated as he spoke by telephone with Compass about the verdict.

“The judge asked for letters of acceptance and baptism,” he said. “It was really not easy to get them, in fact it was very hard, but if he was not going to use these things, why did he ask for them in the first place? We complied with everything and got it for him, and then it was refused. What was the point of all this?”

A full explanation of Yasin’s decision to deny the request will be published later this week. The judge’s comments on Saturday, however, provided some indication of what the report will contain.

“The judge alluded to the absence of laws pertaining to conversion from Islam to Christianity and suggested an article be drawn up to deal with this gap in legislation,” said Ghobreyal.

High Court Appeal

Such a law would be favorable to converts. Thus far, hopeful signs for converts include a recent decision to grant Baha’is the right to place a dash in the religion section of their ID cards and a High Court ruling on June 9 stating that “reverts” (Christians wishing to revert to Christianity after embracing Islam) are not in breach of law and should be allowed to re-convert.

At the age of 16 all Egyptians are required to obtain an ID that states their religion as Muslim, Christian or Jewish. These cards are necessary for virtually every aspect of life, from banking, to education and medical treatment.

No Egyptian clergyman has issued a baptismal certificate to a convert, but El-Gohary was able to travel to Cyprus to get a baptismal certificate from a well-established church. In April the Coptic, Cairo-based Manqarious recognized this certificate and issued him a letter of acceptance, or “conversion certificate,” welcoming him to the Coptic Orthodox community.

El-Gohary’s baptismal certificate caused a fury among the nation’s Islamic lobby, as it led to the first official church recognition of a convert. A number of fatwas (religious edicts) have since been issued against El-Gohary and Manqarious.

El-Gohary’s case could go before the High Court, his lawyer said.

“This is not the end; this is just the beginning,” said Ghobreyal. “I am going to a higher court, I have ideas and I am going to fight all the way through. It’s a long road.”

Ghobreyal’s tenacious attitude is matched by his client’s.

“I am going to persevere, I will not give up,” said El-Gohary. “Appealing is the next step and I am ready for the steps after that. I am going to bring this to the attention of the whole world.”

The judge had received a report from the State Council, a consultative body of Egypt’s Administrative Court, which expressed outrage at El-Gohary’s “audacity” to request a change in the religious designation on his ID. The report claimed that his case was a threat to societal order and violated sharia (Islamic law).

El-Gohary’s lawyers noted that the report is not based on Egypt’s civil law, nor does it uphold the International Convention on Civil and Political Rights that Egypt has signed. It stated that those who leave Islam, “apostates” such as El-Gohary, should be subject to the death sentence.

Report from Compass Direct News