Andrew Theophanous

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Andrew Charles Theophanous (born 24 March 1946) is a former Australian politician. He was an Australian Labor Party member of the Australian House of Representatives from 1980 to 2000, and an independent member from 2000 to 2001. He subsequently achieved notoriety in 2002 when he was convicted of bribery and fraud "over accusations that he sought or obtained thousands of dollars to help Chinese nationals with visa applications and other immigration matters" and was sentenced to six years in prison, with 'a minimum of three-and-a-half years' to be served. [1] [2] [3]

He appealed the charges and in 2003 the Supreme Court of Victoria quashed the 'the most serious of the charges', that of conspiracy to defraud the Commonwealth relating to an Australian Visitor's visa. [4] Consequently his minimum sentence was halved to 21 months and he was released in February 2004. [5] The Commonwealth DPP then began a process of reinstituting the Conspiracy Charge and in 2005 the 'Victorian County Court ruled Theophanous should stand trial ... over a charge of conspiracy to defraud the Commonwealth.' [6] The Pre-trial commenced in 2006 and in July 'County Court Judge Jeanette Morrish said Theophanous should not be retried on the charge to defraud the Commonwealth because the former National Crime Authority had withheld evidence crucial to his original case and subsequent appeal.' [7] She also said 'the conduct of NCA officers who withheld documents for seven and a half years and despite 20 subpoenas was "grossly inadequate" ... That conduct seriously calls into question the integrity of all previous proceedings," she said.' [8] In June 2007, Theophanous's wife 'Kathryn Eriksson and lawyer Christopher Dane QC visited Canberra' and presented the Prime Minister's office with 'a petition to the Prime Minister seeking justice through a public enquiry'. [9] [10] In September 2007, the Minister for Justice, David Johnston, announced the matters raised in the petition and accompanying letter to the Prime Minister, 'had been referred to the Australian Commission for Law Enforcement Integrity ... ACLEI, which was established in December last year to prevent, detect and investigate corruption issues in the Australian Crime Commission and Australian Federal Police.' [11]

Contents

[edit] Early life

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Theophanous was born at Paphos, Cyprus on 24 March 1946. He migrated to Australia at the age of eight, with his mother, brother and sister; his father had arrived three years earlier. He grew up in Broadmeadows in Melbourne, entered Monash University and graduated with a Bachelor of Arts with First Class Honours. He gained a BLitt from Oxford University and a PhD in Philosophy from Melbourne University. In 1980, his first book “Australian Democracy in Crisis: a radical approach to Australian politics” was published by Oxford University Press. He became a Lecturer in Politics, Melbourne State College and later in Social Theory at Melbourne University. He also lectured at University of Nevada, USA, and as Senior Teaching Fellow at Monash University.

[edit] Political career

Supported by the Socialist Left faction, Dr Theophanous was first elected as the Labor member for the Melbourne electorate of Burke in 1980 [12]. He switched to the new safe Labor electorate of Calwell in 1984. Theophanous was heavily interested in immigration matters, and from 1989 to 1993, was Chairman of the Joint Standing Committee on Migration. In this capacity, Theophanous' committee produced a number of reports on immigration policy.

In 1993, Theophanous was appointed as Parliamentary Secretary to the Minister for Housing, Local Government and Community Services and Parliamentary Secretary to the Minister for Health. In December, he was appointed as Parliamentary Secretary to the Minister for Housing, Local Government and Human Services. In March 1994, this was again changed, when Theophanous was appointed as Parliamentary Secretary to Prime Minister Paul Keating who had enjoyed his support in two caucus leadership ballots, which made him unusual in the Left grouping who mostly supported Bob Hawke.

Theophanous also wrote two more books: “Understanding Social Justice: an Australian perspective” (1994) ; and “Understanding Multiculturalism and Australian Identity” (1995). Both books were officially launched by Prime Minister Keating and were used in a number of academic courses.

[edit] Criminal conduct

During 1998 Theophanous came under suspicion for being involved in migration fraud, and in July 1998 the National Crime Authority launched an investigation, codenamed Operation Legume. The NCA say they had received information in April 1998 from an informant that Theophanous was acting corruptly. The informant alleged that a "Dr T" was assisting someone to get into Australia illegally. By the end of October 1998 the courts authorised electronic surveillance to have Theophanous' mobile and office phones tapped.

Theophanous was recorded by the NCA in conversation with Frank Cheung discussing his acceptance of bribes in the form of cash and sexual favours from those seeking Australian visas. He was also recorded, after receiving the corrupt payments, in conversation with then Immigration Ministers lobbying for those visas. The Nine Network's Sunday programme broadcast parts of these tapes in a programme at the end of his trial [13]:

In relation to the case of Mr Cheung’s girlfriend, on 22 Dec 1998 the following was recorded:


Theophanous: "I have to give … the minister, to lie to the minister that's what I'd do."

Cheung: "You lie to the minister. The minister will be very shitty to you in the future."

Theophanous: "That's why I appreciate your gen … you know … generosity in the matter..."


On January 25, 1999, Frank Cheung raised the issue of an illegal refugee, Mrs Lui:


Theophanous: "She's nice and attractive, is that right?"

Cheung: "Mmm, she's tall and reasonably attractive. Long hair."

Theophanous: "Alright, we'll we might be able to help her okay. We'll meet somewhere else other than here..."


On the 7th February, 1999 Cheung is still talking about the illegal refugee Mrs Lui. Theophanous had still not met her. The Channel Nine excerpt from the transcript states:


Theophanous: "If when I see her I don't think that she is very … she's really good, it's not worth it."

Theophanous: "If she is really good and if I'm really in the mood … yes. But I might not be because I'm feeling a bit tired."

Theophanous: "I mean if she really likes me, you know, it's one thing. But if she thinks of it as a duty that she has to do … you know what I mean. I'm not really interested that much to force a women who doesn't like it. Do you understand?"


The recordings can be heard on the Nine Network Sunday programme's website. [14]

The corrupt arrangements recorded by the authorities were the basis of his conviction on several offences, which were described by judge in his trial Judge Crossley as a "significant evil" [15] and a breach of a very significant trust bestowed on Members of Parliament [16]. He was convicted of defrauding the Commonwealth by making false representations in relation to an immigration matter, taking an unlawful inducement, and soliciting an unlawful inducement. He was also convicted of conspiring to defraud the Commonwealth by making false representations in relation to an immigration matter, but this was overturned on appeal and was ultimately acquitted of that offence.

As a consequence of his convictions, in addition to a sentence of six years in jail (with a minimum sentence of three and a half years later reduced to just under two years in jail), Theophanous lost his free travel and superannuation entitlements worth millions of dollars [17]. The Crimes (Superannuation Benefits) Act 1989 provides that MPs and other public servants who commit a corruption offence while in office can lose all Commonwealth employer contributions or employer-funded benefits if so convicted and have been sentenced to imprisonment for more than 12 months.

[edit] Competing interpretation

Theophanous' wife as has also said that there was no evidence he had done anything wrong prior to being entrapped by the Australian authorities. She has also argued that the tapes of his conversations apparently engaged in making corrupt arrangements over visa applications interpreted were his attempts to conduct an investigation of his own into what Cheung was engaged in. He did not at the time, however, report his "investigation" to any government official or law enforcement agency. Some reporters, such as the ABC's Heather Ewart, believe her interpretation lacks credibility.

DR KATHRYN ERIKSSON: The first time I heard the tapes - what happened was I read the transcript - I was like, "Oh, goodness, how could Andrew be saying something like this?"

Since then, I've read them quite a few times and put them into the context of the whole series of events and I can see the other things happening in those conversations, the interrogative nature of Andrew's questions that he's trying to find out what this heroin dealer-turned-registered informant is trying to do.

HEATHER EWART: Are you being naive?

DR KATHRYN ERIKSSON: No, I don't believe so. [18]

[edit] Criticism of the NCA

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In the 2006 retrial on the conspiracy charge, prosecutors said that Frank Cheung was a genuine co-conspirator with Theophanous, in trying to falsely persuade immigration officials to admit his girlfriend, Chen Qing into Australia on a visitor’s visa.

By June 1999, it was public knowledge that Theophanous was under investigation by the NCA. On 28 June, Theophanous publicly criticised NCA head John Broome and accused the organisation of misusing its powers. Few people believed these assertions of Theophanous at the time, although some procedural criticisms were accepted in a later judgment. The audio evidence establishing Theophanous' guilt makes it reasonably clear that he was involved in acts of corruption, notwithstanding any defects in the investigation by the authorities.

The allegations and evidence of his wrongdoing had a massive impact on his political career. Not long after, it became clear that Theophanous would not retain Labor pre-selection to retain his seat at the 2001 election due to the looming criminal charges against him.

[edit] Resignation

Because of an inevitable loss of preselection, Theophanous resigned from the Labor party on 15 April 2000. Theophanous' brother, Theo, condemned the resignation [19], calling it "an action taken by him with which I strongly disagree. I do not believe his actions are an appropriate response." At this time, Theophanous announced that he would serve out his term as an independent. During this period as an independent, Theophanous initiated a number of motions in parliament on immigration, refugees, multicultural affairs and human rights. Theophanous attempted to recontest the seat himself at the 2001 election. Although he was defeated by the new Labor candidate and former staffer, Maria Vamvakinou, he nevertheless polled 9.6% of the vote as an independent candidate, with the support of the Unity Party [20].

[edit] Family

Theophanous is married to Dr. Kathryn Eriksson, an archaeologist. In November 2005, she was elected as a Brimbank Horseshoe Bend Ward Councillor. Theophanous' brother is a leading Labor politician - the Hon. Theo Theophanous, the Minister for Industry, State Development and Major Projects in the Victorian Government.

[edit] Sources

Parliament of Australia
Preceded by
Keith Johnson		 Member for Burke
1980 – 1984		 Succeeded by
Neil O'Keefe
New division Member for Calwell
1984 – 2001		 Succeeded by
Maria Vamvakinou