'I won't be lectured to': Abbott

Scott Morrison has defended Tony Abbott for not raising the 'tow back' policy with the Indonesian President.

OPPOSITION Leader Tony Abbott says he won't be lectured to by Prime Minister Julia Gillard after she criticised him for failing to discuss his plan to turn back refugee boats with Indonesia's president.

Mr Abbott, who has just returned from a trip to Jakarta, told reporters this morning the Indonesians now had a very clear understanding of coalition policy on asylum seekers.

The people smuggling issue was discussed during Mr Abbott's meeting with Indonesian President Susilo Bambang Yudhoyono on Monday.

But Indonesian Foreign Minister Marty Natalegawa, who was at the meeting, said Mr Abbott did not raise the coalition's policy of turning back boats.

Ms Gillard said Mr Abbott's approach was cowardly.

"What it means is that Mr Abbott doesn't have the guts to raise with international leaders issues that he says are important," she told reporters in New Delhi yesterday.

Australian opposition leader Tony Abbott speaks to journalists next to the opposition foreign affairs spokeswoman Julie Bishop in Jakarta. Pictur: ADEK BERRY

But Mr Abbott said it was wrong to say the coalition had not discussed its asylum seeker policies with the Indonesians.

He said the meeting between Mr Natalegawa, foreign affairs spokeswoman Julie Bishop and immigration spokesman Scott Morrison went into considerable detail, including the plan to turn back boats.

"The Indonesian government now has the clearest possible understanding of exactly where the coalition stands," Mr Abbott said.

"I am not going to be lectured to by a prime minister who is more interested in complaining about the opposition than she is in getting on with government."

Federal Opposition Leader Tony Abbott arrives for a meeting with Indonesian Tourism Minister Mari Pangestu during a visit to the Indonesian Capital, Jakarta. Picture: Stuart Mcevoy

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David Hicks wants to sue Australia

David Hicks could have his conviction overturned after a US Appeals Court decision overnight. File picture Source: AdelaideNow

AS David Hicks explores suing the Australia Government for damages, the PM has pointed out he was not convicted under Australian law.

Mr Hicks is examining the possibility of seeking damages against the Australian government after the charge he was convicted of in 2007 was ruled invalid by a US appeals court.

Speaking from New Delhi,  Julia Gillard said it was up to Mr Hicks what action he would take but she noted he was not convicted under Australian law.

"It's important to remember that Mr Hicks was convicted under US law,  not under Australian law," she said.

A decision by the US Appeals Court in Washington overnight which has thrown out the conviction of another man on terror charges has also heightened Hicks' hopes.

Former Guantanamo Bay detainee David Hicks with his father Terry, signing a copy of his autobiography about his experiences in Guantanamo Bay . File picture: Melanie Russell

But Ms Gillard said Mr Hicks was not a party to that decision.

"What Mr Hicks does in light of that decision is a matter forhim and whether or not that case is further appealed by US authorities is a matter for the US," she said.

Mr Hicks has engaged his original lawyer Stephen Kenny to act for him in the latest US Appeals Court matter and met with the Adelaide lawyer at the weekend.

"I met with David and he asked me to act for him,'' Mr Kenny said.

David Hicks's lawyer Dan Mori says 'the foundation is rotten and the house is starting to crumble'. File picture: Alan Pryke

"It's looking very good for him at the moment.

"It looks like it is confirming the position we had all the way along - that this crime did not exist in international law.''

Mr Kenny said he was acting to have Mr Hicks' conviction overturned and to determine if there was a basis to take action against the Australian government.

"We're looking at the role that the Australian government played in his incarceration at the moment," he said.

An undated photo of David Hicks with a grenade launcher. Picture: AFP

"If there is a basis for a claim - we'll be making one."

Former foreign affairs minister Alexander Downer, writing in an opinion piece for News Ltd newspapers tomorrow, said he was bemused that some Australians regarded Hicks as a hero brutally treated by the Americans.

"The fact is, he was seized during the invasion of Afghanistan while supporting the enemy; our enemy," Mr Downer said.

"Imagine how in 1940 we would have felt about an Australian training and fighting with the Waffen SS? If we'd caught him what would have happened to him?

"Hicks wasn't just simply convicted; he pleaded guilty to providing material support for terrorism. He admitted under oath that he had supported the Taliban. Our enemies, the killers of our Diggers.

So he can now go to the American courts and do what he likes. But for me he'll always be the man who joined with the most evil, most murderous group around."

Mr Hicks has told media he intends on taking legal action against the Australian government and demanding a full investigation into his incarceration.

"We have always said the conviction was doubtful and shouldn't stand," Mr Hicks said.

"I want a full investigation. The Australian government knew for years that the system was not fair, but it put me up before it anyway."

Mr Hicks could have his terrorism conviction overturned after a US Appeals Court decision in Washington overnight which has thrown out the conviction of another man who was Osama Bin Laden's driver.

Salim Hamdan's case in which the charge of material support of terrorism, which was introduced in 2006, was rejected when applied retrospectively means David Hicks' conviction on the same charge could now also be in doubt.

The court also found material support of terrorism was not a war crime.

Hicks' lawyer Dan Mori told the ABC this morning that the Adelaide-born man,  who was captured in Afghanistan in December, 2001, and charged with providing support for terrorism, could have his conviction thrown out following the ruling.

"It [the charge of material support for terrorism] is null and void for conduct prior to 2006," Mr Mori said.

"It is showing that what they set up was ineffective. They were trying to set up an ad hoc process after the fact instead of using the Federal Court system in the US that has been trying terrorism cases for years before and worked effectively.

"Unfortunately the military commission system was set up and it was rushed, and not very effectively, so now we see the problems with it.

"The foundation is rotten and the house is starting to crumble."

"I think it would be great for some official recognition that what he was put through was not fair and was not just," he said.

"I think that this court decision supports that position and hopefully it will act as some catalyst to getting some real closure and clearing his name officially."

Mr Mori said it was up to Hicks and his new legal team to pursue the matter.

But the Australian government says it sees ''no immediate impact'' on Hicks' terrorism conviction from the US court decision.

A spokesman for Attorney-General Nicola Roxon said today the government was examining the case for any ''local implications''.

''We are advised that there is no immediate impact for Mr Hicks' conviction and sentence arising out of this case at this stage,'' the spokesman told AAP.

''He was not a party to the case and there are potential appeal proceedings.''

Hicks is unaware that he can claim to be an innocent man, his father says.

His Adelaide-based father, Terry, said his son is uncontactable at the moment.

"I think it is bloody brilliant," Mr Hicks said of the news.

"At this point in time, I'm not sure what step (David) will take ... he would not know about the decision yet.

"He has other things going on at present.

"He has been up and down a number of times over the years and he goes through a lot of pain and suffering."

Mr Hicks maintained that David had never been given a fair trial and in his eyes was innocent until he could face a "proper court system".

"I suppose if David's name is legally cleared that makes me feel a lot better," he told the ABC.

"It will make David feel a lot better, and I think the people that have supported David over the years, they will be able to put their hands up and say, 'This is what we have all been working for'.

"It's starting out to be a good day.

"Once you start using retrospective laws, it all becomes illegal.''

- with Gemma Jones, Bryan Littlely

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Push to boost military ties with India

Australian Prime Minister Julia Gillard falls whilst on a visit to India

Prime Minister Julia Gillard and Indian Prime Minister Manmohan Singh at the presidential palace at Rashtrapati Bhavan, in New Delhi. Picture: BM Meena/AFP Source: AFP

PRIME Minister Julia Gillard wants Australia to step-up military ties with India, including holding full naval exercises.

The push to boost defence links with India comes as the Government is getting ready to release a White Paper on Australia in the Asian Century.

Ms Gillard believes doing business in India and having good economic and security relations will be vital for Australia's future prosperity.

"We have shared stragetic interests, we share a region of the world, we share an ocean," she said.

She told a lunch for business and political leaders Australia wanted to increase defence and security relations and to protect vital sea routes in the Indo-Pacific region.

"In time this could include more regular and combined talks at ministerial level, and stronger co-operation between our defence forces, including full naval exercises," she said.

Delivering the key-speech of her three day visit to India, Ms Gillard said the two countries had shared strategic interests in the Indian Ocean.

"In a century of growth and change, our interests are closer than they have ever been," she said.

Ms Gillard said despite being old friends and sharing a passion for cricket, formal relations had been weak.

Ms Gillard said India now ranked alongside the United States, China, Indonesia, Japan and South Korea as the countries which "matter most to Australia".

The PM said Australia had set a goal of doubling trade with India to $40 billion by 2015 and the two countries were working on a free-trade agreement.

Ms Gillard said Labor's decision to overturn a ban on selling uranium to India meant "a barrier to relations has been removed".

She is due to discuss the "next steps for our peaceful nuclear co-operation" in a meeting overnight Australian time with India's Prime Minister Manmohan Singh.

Ms Gillard said it would take time for any deal to be finalised for uranium sales as Australia wanted safeguards and oversight by the international watchdog.

The two leaders will also discuss ideas for Australia to help India with water technology to provide clean water.
 

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Court delays sheep cull decision

A Pakistani court has deferred a decision on the culling of thousands of sheep exported from Australia. Picture: Asif Hassn/AFP Source: AFP

THE fate of thousands of Australian sheep hangs in the balance, with a Pakistani court deferring a decision on whether or not to cull them.

More than 7000 sheep from a shipment of more than 20,000 rejected in Bahrain were culled en masse in Pakistan last month, sparking outrage in Australia.

The Australian exporters have repeatedly insisted the animals were in good health and fit for human consumption, rejecting claims by Pakistani authorities they were infected with salmonella, anthrax and foot-and-mouth disease.

The rejected sheep had their throats slit, or were stabbed and clubbed to death - and some were thrown into trenches alive - while a further 3000 reportedly remain unaccounted for.

The cull, ordered by the Sindh Livestock Department, was halted after Perth-based exporter Wellard and Pakistani importer PK Livestock secured a Pakistani High Court injunction.

A final decision on the fate of the remaining animals was due on Wednesday. However, the Sindh High Court in Karachi adjourned the hearing and will reconvene on Thursday.

It has not given any indication of when the decision will be handed down.

Until it is, the culling has been halted and the companies given unhindered access to their sheep.

Samples from 102 animals at risk of being killed on health grounds have been submitted to the court.

The Department of Agriculture, Fisheries and Forestry has told a Senate committee the tests on the sheep returned negative for a range of diseases.

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Rudd calls for end of name-calling

Kevin Rudd gets mobbed by fans as he walks down Forest Rd in Hurstville / Pic: Tim Hunter Source: The Daily Telegraph

KEVIN Rudd has called for an end to the political name-calling following Prime Minister Julia Gillard's misogyny speech.

"This sort of stuff frankly doesn't add up to a row of beans and the sooner we get past the deeply personal attacks on both sides of politics the better," Mr Rudd told ABC's Lateline.

And rather than Ms Gillard's speech being a watershed for women's equality, Mr Rudd said the real watershed came with the passing of legislation which made it illegal for someone to discriminate on the basis of gender.

He said Australians are more interested to know what will happen to the economy after the mining boom ends, and what the policies of the major parties are on matters such as education, health, infrastructure and foreign policy.

"That's the debate people would like, a policy-based debate on the alternatives for Australia's future," he said.

"There's a certain terrible familiarity between whack, whack, whack and whack, and, of course, it takes to two to tango.

"I believe the appetite of the country is, for God's sake, I want to know what the future of our economy is."

It came as Mr Rudd launched a broader counterattack on those in the government vowing to "crush" him.

In a bold declaration that he would continue to do what he likes, the former PM turned up on the streets of southwestern Sydney yesterday with the man who spectacularly resigned as chairman of the Labor caucus last week, Daryl Melham. Two weeks ago, a senior Labor figure was anonymously quoted as saying Julia Gillard would need to "crush" Mr Rudd before the next election.

But, after being mobbed in the main street of Hurstville yesterday, Mr Rudd said he would not be intimidated by threats and would continue to campaign alongside fellow MPs when invited to.

"I've been around long enough to not take seriously statements like I am about to be crushed," he said.

"I'm about how do we seek re-election of the Australian government, how we prevent Tony Abbott from being elected. The bottom line is that it should be all hands to the pump rather than saying other, frankly negative and internally divisive things."

But the prime minister's backers were having none of it, accusing Mr Rudd of a deliberate campaign to try to promote himself and his ambitions to retake the leadership. Mr Rudd has visibly stepped up his public appearances with backbenchers in their electorates in recent weeks. But he said he would continue to campaign for Labor's re-election, claiming the country was crying out for a discussion on the future.

"(People) would like a discussion on the different plans, not a rolling character analysis of each other," he said.

"What I sense in the community is they want us to get back to basics. The other mood I am picking up is that people are sick and tired of the backbiting in politics."

Mr Melham, who holds his seat of Banks by just 1.4 per cent, defended Mr Rudd's appearance there, saying said the Mandarin-speaking former prime minister was hugely popular with the 15,000-strong local Chinese community - despite the odd punter appearing from the crowd to sound off at both Mr Rudd and Ms Gillard.

"It's all hands to the deck, the Labor Party has to use all its assets, he is an asset," Mr Melham said of his colleague.

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Taser ruled out of Roberto's death

The final moments of Brazilian student Roberto Laudisio Curti's life have been shown to a Sydney coroner.

Tasered ... Brazilian Roberto Laudisio Curti. Source: The Daily Telegraph

Brazilian man Roberto Laudisio Curti moments before his death. Source: AAP

TASERS almost certainly did not cause the death of Brazilian student Roberto Laudisio Curti despite his body being covered in more than a dozen marks from the weapon, an inquest heard yesterday.

But four medical experts failed to agree on what did kill the 21-year-old, who was found without a pulse and no longer breathing after a prolonged struggle with police officers.

Emergency medical specialist Dr John Vinen blamed "positional asphyxia" in which a person is held in such a way it restricts their breathing.

Dr Vinen said people who suffered positional asphyxia commonly struggled for a period of time then suddenly lost consciousness.

The inquest, which continues today, has previously heard Mr Curti repeatedly broke free from police officers during an early morning chase through Sydney on March 18.

Dr Isabella Brouwer, who performed the autopsy, said there was no physical evidence to indicate he asphyxiated.

"This is a very complicated death and I do not think we have enough scientific evidence (about) the multiple factors that may have contributed to (it)," she said.

Mr Curti was first tasered shortly after 6am before being subjected to another seven "drive stuns" while he was handcuffed on the ground. He also had up to three cans of capsicum sprayed in his face.

Cardiologist Dr Mark Cooper said there was some evidence Taser probes shot near the heart could cause death - but none had hit Mr Curti in the potentially dangerous area.

He said the weapon's drive-stun mode didn't produce enough electricity to cause a fatal "arrhythmia", or abnormal heartbeat, although the pain could have added to his stress and fear.

"It is a contributor (in the death), but may be not a big contributor ... human beings do not normally die of fright," Dr Cooper said.

He said Mr Curti's state of "excited delirium" - brought on by his LSD use the previous night - may have contributed to him suffering a heart attack during the struggle.

Toxicologist Professor Alison Jones said the capsicum spray would have been "painful and unpleasant" for Mr Curti but there was no proof either it or the drug was directly linked to the death.

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Bargain mansion at half the price

The nine-bedroom, five-bathroom home features a resort pool, tennis court and 70m absolute beach frontage. Source: Supplied

LUXURY property bargain hunters are circling one of Queensland's seaside gems after it was passed in at auction for $7.3 million.

The nine-bedroom, five-bathroom home with resort pool, tennis court and 70m of absolute beach frontage, sits on a 3595sq m block at Sunshine Beach.

It had been listed at $14 million before a change in the owner's position saw it put up for auction.

High-profile neighbours in the much-desired Sunshine Coast suburb include tennis ace Pat Rafter, former Prime Minister Kevin Rudd, playwright David Williamson and business identity Bob Ansett.

This Queensland seaside gem was passed in at auction for half the listed $14 million price tag.

The property at 21-23 Webb Rd was passed in at $7.3m earlier this month, but there has been "strong interest" post-auction.

Nic Hunter, of Tom Offermann Real Estate, is marketing "Brinbara" with Tim McSweeney.

Mr Hunter said three parties - including the highest bidder at auction - were in talks and a result was "very close".

High-profile neighbours in the suburb include Pat Rafter, Kevin Rudd and Bob Ansett.

The Courier-Mail understands a Brisbane legal eagle, a Sydney man in the finance sector and a wealthy rural Queenslander are the three main contenders.

The luxury property was passed in for $7.3 million.

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Founders' $250m bid for Cubbie rejected

A buy-back bid by Cubbie Station's founders was rejected in favour of selling the irrigator to a Chinese consortium. Picture: Lyndon Mechielsen Source: The Australian

Take a flight over Cubbie Station, the 93,000 hectare irrigation farm in Queensland that has been approved for sale to Chinese investors.

AUSTRALIA's biggest irrigator, Cubbie Station, was sold to a Chinese consortium despite a home-grown bid to buy it for more than $250 million.

Cubbie chairman Keith De Lacy, a former Queensland treasurer, yesterday revealed the group's administrator had rejected a buy-back offer from Cubbie's founders, the Stevenson and Brimblecombe families.

But he declared the Australian consortium was still "ready, willing and able" to make another offer if the Chinese contract crashes.

Mr De Lacy said Cubbie's founding shareholders had made a buy-back proposal to administrator McGrathNicol and bankers NAB and Suncorp about six months ago.

"It was long before they announced this last sale," he said yesterday.

"(The administrators) would have got more than the $250m they're talking about (with the Chinese buyer). But that was rejected."

Mr De Lacy said Cubbie's administrators "certainly have an obligation to get the best price for the creditors and shareholders".

"Some of the existing shareholders could be very disappointed if they learned they hadn't maximised the price," he said.

A spokesman for McGrathNicol refused to discuss the sale price or conditions of the Chinese contract.

It signed a sale agreement last week with a consortium led by Chinese-based textiles giant Shandong RuYi Scientific and Technological Group, which will buy 80 per cent, and Australian wool trading company Lempriere.

The Federal Government's Foreign Investment Review Board had pre-approved the sale in August.

Independent senator Nick Xenophon yesterday said he found it "extraordinary" that FIRB had granted approval nearly two months before the sale contract had been signed.

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