Ashby Drops Sexual Harassment Case as Slipper Loses in ACT Supreme Court

Thursday 19 June 2014 @ 10.45 a.m. | Industrial Law | Legal Research | Torts, Damages & Civil Liability

Reports were published yesterday (18 June 2014) that former parliamentary staffer James Ashby has dropped his legal action for sexual harassment against former speaker of the House of Representatives Peter Slipper.

Nature of Ashby's Allegations

Mr Ashby had previously alleged that while working as a media adviser for Mr Slipper he had been harassed by Mr Slipper, such harassment taking the form of unwanted sexual advances, numerous suggestive text messages and an allegation that Mr Slipper asked him to shower with the door open in a Canberra flat.

Why Ashby is Dropping the Case?

In February 2014 (see Ashby v Slipper [2014] FCAFC 15), Mr Ashby won an appeal to the Full Federal Court of Australia against the decision of Rares J in December 2012 (see Ashby v Commonwealth of Australia (No 4) [2012] FCA 1411) to throw the sexual harassment case out of court.

In statements reported by the ABC news, Mr Ashby is quoted as saying he felt the February 2014 decision justified the action he had taken, saying:

"The Full Court of the Federal Court not only found in my favour by awarding my appeal, but also made significant findings in my favour regarding some of the most vital aspects of my claims . . . fundamentally, that the harassment had in fact occurred, . . ."

Apart from already feeling vindicated by the February 2014 decision of the Federal Court, Mr Ashby is also reported to be dropping his case against Mr Slipper because of the increasing costs of continuing with the case, which he is reported to have described as "deep pocket" litigation. A claim backed by the fact that the Minister of State, Mr Michael Ronaldson, has confirmed that Mr Slipper is to continue to receive taxpayer funding for an unknown amount. A fact said by Mr Ashby to make the case:

"financially very one-sided . . . This gross imbalance in funding makes it unpredictable how long this case may run, and more importantly cost . . . This type of 'deep pocket' litigation, where one side has unlimited money, from the taxpayers, makes it fundamentally unfair for an ordinary person seeking justice."

Other reasons reported for Mr Ashby dropping his case are that Mr Slipper has been "mentally unwell" and that " . . . under such circumstances, [he does] not wish to continue lengthy proceedings that could potentially cause him great harm . . ."

What of Slipper?

Mr Ashby's decision not to proceed follows on reports that the ACT Magistrates Court is to hear an application to drop charges against Mr Slipper on three charges related to allegations that he misused Cab-charge allowances in 2010 before he was made speaker of the House of Representatives under the former Labor Government. The claims against Mr Slipper are that he filled in dockets indicating he had visited various suburbs and places in Canberra, when in fact he had actually visited nearby wineries. Mr Slipper has pleaded not guilty to the charges of "dishonesty causing a risk of loss to the Commonwealth".

Mr Slipper's lawyers in the matter had initially claimed that he [Mr Slipper] could not defend himself without breaching parliamentary privilege, an argument that was rejected by the ACT Supreme Court (see Slipper v Magistrates Court of the ACT and Turner and Commonwealth Director of Public Prosecutions [2014] ACTSC 85 (9 May 2014)). Subsequently, his lawyers are reported to have argued before the ACT's Chief Magistrate, that they would be making a mental health application to have the charges dismissed because Mr Slipper is suffering a mental illness.

Mr Slipper has previously called for a royal commission into the circumstances surrounding the case which by many is viewed as reprisal for the 64-year-old Mr Slipper's controversial defection from the Liberal Nation Coalition opposition in 2011 to take up the position of speaker of the House of Representatives under the former Labor government.

Given that both parties are now retreating from legal action it seems most likely that the Slipper Case will shuffle quietly to an end.

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