Roger Rogerson – Croatia, the War, and the Future

“Reasonable Doubt – Spies, Police and the Croatian Six”: Australia’s Biggest Miscarriage Of Justice

‘Reasonable Doubt – Spies, Police and the Croatian Six”
Book by Hamish McDonald

Interview with Hamish McDonald, author of “Reasonable Doubt – Spies, Police and the Croatian Six”

April 2019, without a shadow of a doubt, will impress upon the Australian Croatian community, indeed the whole of the Australian and world’s community as a month that brings back the memories of terrifying fears and the 1970’s utterly brutal vilification of the Croatian name (the irksome effects of which still linger to this day) propped up and devised by communist Yugoslavia secret police, but also – a month that shines a light upon hope for real justice and long, long awaited truth. The fresh release of Hamish McDonald’s new book will step into the limelight of many a gathering as the book is launched in Sydney and Canberra – in April 2019. Ahead of the book’s launch I spoke in Sydney with Hamish McDonald .

“Knock, knock – it’s a hot summer night and Roger Rogerson is at the front door with a posse of Sydney’s toughest cops. Sticks of gelignite are discovered, and the family’s young men are taken off for a rough night at CIB headquarters, joined by others arrested in simultaneous raids across the city. For them, and the entire community of migrants from Croatia, it’s the start of a nightmare, ending in 15-year jail terms for terrorist conspiracy. But even during their 10-month trial, holes appeared in the police case. Later the chief crown witness confessed on TV he made up his crucial testimony.

Decades later, a chance reference drew journalist Hamish McDonald to explore this case. He discovers evidence that authorities took pains to conceal from the court: that the crown witness was an agent of the Yugoslav secret service and had been under ASIO surveillance. The book shows how an unreformed police force, inept politicians, scheming security men, and mutually back-slapping judges contributed to Australia’s biggest miscarriage of justice. It’s Sydney’s underbelly, with a dash of international intrigue and espionage,” quoted from the Back cover of Hamish McDonald’s new book “Reasonable Doubt – Spies, Police and the Croatian Six”.

Hamish McDonald
Photo:Ina Vukic

The case of “Croatian Six” has been a subject of your pursuits in investigative journalism and writing for many years. When and what has drawn you to this particular subject?

My interest was sparked by a side-reference to the case in a completely unrelated one, the 2007 inquest into the killing of five Australian TV journalists in Portuguese Timor way back in 1975. A former federal government lawyer raised it as a miscarriage of justice. I started digging, making FOI requests, reading the trial transcripts (5000 pages), trying to meet police and lawyers involved. I wrote a long piece for The Sydney Morning Herald in 2012. This led to the NSW Supreme Court commissioning a judge to see whether a full judicial review of the convictions was warranted. He said it was not. But then in 2016, the third volume of the official history of ASIO, Australia’s domestic security service, came out. Based on ASIO’s secret archives, It described the Croatian Six case as a “miscarriage of justice.” That got me to go back to the case. This book is the result.

Can you please tell me where and what paths you needed to pursue in your search for facts and truth about this case?

I re-read the transcripts of the trial and the two levels of appeal. Being able to draw on them at book length, rather than a newspaper article, meant I could form an analysis of bias in the police and judicial systems at the time that was very adverse to the six defendants. So there was a court-room drama. But the more I looked at it, the dark area was the role of Vico Virkez (the pseudonym of Vitomir Misimovic), a Bosnian Serb pretending to be a Croat and Catholic who led the police to the others and then gave evidence against them. As I discovered (with your help, Ina!) he had died in 2014, back in his home village. But in Croatia and Serbia in 2017 I was able to build up a picture of the modus operandi of the UDBa in Australia, and how it was able to manipulate Australian authorities against Croatian nationalists. Unfortunately I could not get the present Serbian security service, which is sitting on the former federal UDBa archive, to open up any records of the case. The archive of the Croatian UDBa is now open, but was sanitized before the old regime broke up. But then a request through the National Archives of Australia for access to ASIO records about the case began to yield results. They support the conclusion of the ASIO Official History.

What has left the strongest of impressions upon you as a journalist as well as an individual member of society during your research regarding this case?

Going back to the Australia of 1979 has been a time warp, not just to pre-digital technology but to social attitudes that young people today would find incredible. It was an era of now-amazing naivety about police abuses, judicial bias, and foreign interference, and also an era of ethnic stereotyping much different to the current versions. As a person, it has been getting to know some of the Croatian Six and family members over the past 12 years. They are fine people. They deserve a remedy for this injustice, even this late.

Why the book title “Reasonable Doubt – Spies, Police and the Croatian Six”?

Beyond reasonable doubt is the standard of proof to convict someone under our legal system. It comes up again and again in this narrative. Virkez has gone back on his evidence. The NSW Police were shown to be riddled with corruption and abuse at the time of the arrests. Yet throughout the court appeals and applications for judicial review, judges have clung to the confessions allegedly made by the six as clinching evidence that puts their guilt beyond doubt – even though these were unsigned in five cases, and produced by a detective unit now notorious for bashing, loading (planting evidence) and verballing (fabricating confessions). The Federal Government kept ASIO knowledge about Virkez’s role as an UDBa agent away from the jury, the defence lawyers, and the Court of Appeal and the High Court of Australia. So there are the spies – Yugoslav and Australian – and the police.

How do you think this kind of disaster in the justice system believed by many to be associated with this case was or is possible in countries like Australia?

Amid terrorism scares, normal doubts and civil liberties tend to go out the window. Police are usually floundering in political cases to find connections between activism and violence, between thought and action. They get used to building cases against suspects they “know” are guilty. Miscarriages against the perceived aliens within thus happen, from the 1894 Dreyfus case in France to the Birmingham Six and Guildford Four cases in 1970s England. This was our equivalent. Thanks to political rancor over ASIO – Labor saying it persecuted the Left while ignoring the extreme Right – Croatians in Australia all got tainted as Ustase holdovers. The UDBa were delighted to encourage this.

What do you hope the release of this book will achieve for the society in general?

I’d like to encourage everyone to keep threats of terrorism in proportion, and not stigmatise a whole community for the acts of a few members. After all, we’ve just seen the worst act of terror in this part of the world, at least since colonial times, carried out by someone from the Anglo-Celtic “mainstream.” We need to have far stronger systems to check intelligence agencies – the deference of judges to “national security” claims by Canberra against disclosure in this case now look ridiculous. But above all, I’d like to see it lead to pardons, apologies and compensation for the Croatian Six.

Interview by Ina Vukic

Hamish McDonald (L) Ina Vukic (C) Branko Miletic (R) in Sydney

Croatian Six – suffer yet another disgraceful hit from the justice system

The Croatian Six Photo:ABC

In his announced book on Balkan intelligence intrigue (Agents Provocateurs: Terrorism, Espionage and the Secret Struggle for Yugoslavia 1945 – 1990), the former US National Security Agency expert, John R Schindler, now a professor at the US Naval War College, said former top UDBA (Yugoslav Secret Police) officials cited the Croatian Six case as their most successful example of agent provocateur operations.

A year ago it seemed that Ellis Peters’ words from The Potter’s Field, “… But God’s justice, if it makes no haste, makes no mistakes”, would finally apply to decades old criminal verdicts for the Australian Croatia Six, in that the verdicts would be investigated in light of new revelations about corrupt police at the time and the very likely scenario that evidence in their case was fabricated and/or tampered with.

But this it seems is not yet to be as far as exonerating the Croatian Six might be concerned. For now it seems that “justice” smiles upon unwillingness to delve officially into the history of Secret Services laundry, especially any dirty one.

In August 2012, Australia’s Attorney-General (now ex-Attorney-General) Nicola Roxon had decided not to start an inquiry into allegations by a former senior federal government lawyer that Canberra intelligence and police officials suppressed information that would have resulted in a not guilty verdict in what became known as the Croatian Six case.

Three of the five surviving men from Croatian Six had also applied to the NSW Chief Justice, Tom Bathurst, for a judicial review of their convictions in 1982 (a judicial review of the same case was refused in 1994!), which resulted in 15-year jail terms that all served, with remissions for good behaviour. They lodged this application as the Sydney Morning Herald (Hamish McDonald) investigation turned up new material supporting long-held suspicions that the former Yugoslav intelligence agency UDBA set up the six Croatian-Australian activists in a faked plot to plant bombs around Sydney in February 1979. Tom Bathurst then appointed Acting Justice Graham Barr of NSW Supreme Court to advise him on whether a judicial review should go ahead.

This week in NSW Supreme Court – the curtain has been shut, once again to a judicial review – to justice!

“… Like the appeal court in 1982, Barr thus comes back to the police evidence. But he sees only the same partial view as did the jury, complaining that the transcripts of the trial and arguments over admissibility of evidence are ‘presumably now lost’. They are not. The Supreme Court registry can get them out for him, and they are illuminating”, writes Hamish McDonald in his article – an absolute MUST READ!

What is most frightening in this case, where Justice Barr acted as a court, is that he actually went ahead and gave Roger Rogerson’s words unquestionable “credibility”. Yes, you read right: it’s the same Roger Rogerson who had led one of the Sydney raids and arrested three of the Croatian Six. It’s the same Roger Rogerson who was dismissed from the police force. The same Roger Rogerson who is also known for his association with other NSW detectives who are reputed to have been corrupt. The same Roger Rogerson heavily present as a subject in the 1996 Wood royal commission (in Australia), which found ”systemic” corruption in the NSW Police and led to disbandment of the squads involved in the Croatian Six raids. The same Roger Rogerson who was convicted of perverting the course of justice and lying to the 1999 NSW Police Integrity Commission.

So, where are we now with any prospect for the testing independently (and meaningfully) of the new discoveries that strongly suggest Croatian Six were set up by the Yugoslav Secret Police (UDBA), working in concert with individuals from the Australian Secret Service (ASIO) and police? Justice Barr’s decision to shut that door remains a final administrative decision on the matter. But given that the new discoveries include a statement by a former senior legal officer in the Department of Australia’s Prime Minister and Cabinet, Ian Cunliffe, that intelligence material which would have led to ”not guilty” verdicts had been withheld by Canberra officials in a virtual ”conspiracy to pervert the course of justice”, an inquiry could certainly be initiated by Australia’s Attorney-General or the head of ASIO.

A political pressure from Croatia (acting in the interests of its ex-patriots on issues that affect not only justice but also the reputation of Croatians) and the Croatian community for a review the Croatian Six legal case could perhaps bring positive results – at least for the world to see that when there are grave, objective, concerns for a miscarriage of justice, there are also those in power willing to investigate the matter in a deserved and fair fashion rather than raising more suspicion and disgrace of the justice system by leaning heavily on what a convicted criminal, involved with the case originally, has to say.

As Martin Luther King Jr. once said: “Human progress is neither automatic nor inevitable… Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals”.

Ina Vukic, Prof. (Zgb); B.A., M.A.Ps. (Syd)