Helen Kroger (Victoria, Liberal Party) Share this | Link to this | Hansard source

For over three years now Matthew Joyce has been enduring a living nightmare with his family, having been firstly incarcerated and then detained in Dubai. The circumstances of this incarceration have been raised by me in the Senate before tonight and in my mind have not been given proper or appropriate consideration by the governments of successive prime ministers or by successive foreign ministers.

The circumstances surrounding his incarceration were comprehensively documented by Cameron Stewart in last weekend's Australian, and I commend Mr Cameron for the article, because this is a complicated matter that has not been extensively reported on. It is also worth noting that this is the first time that Matt Joyce himself has made any public comments or agreed to an interview with a journalist. He has always hoped that truth would prevail through the judicial process and has never sought in any way to influence that process. Regrettably, having been detained now since January 2009, with his passport seized and his life reduced to a waiting game with his wife and children, it would be reasonable if he had begun to question the strength and robustness of the judicial process.

For those who may not be aware of this highly respected Victorian businessman who was arrested in Dubai in January 2009, I will provide a brief explanation. He has been the subject of a criminal trial in Dubai now for almost three years, with charges arising out of a property transaction that involved Sunland in 2007. Matt Joyce was charged with Marcus Lee, on the basis of evidence provided by Mr David Brown, a Sunland executive. This year, that evidence was held up to scrutiny in the Victorian Supreme Court, on 8 June. In his judgement, Justice Croft found that Mr Joyce and his co-accused are victims of a false complaint to Dubai authorities by senior executives of Sunland. In a speech I made in the Senate on 19 September, I covered His Honour's findings at length.

Mr President, Australia has a long history of trying not to interfere in or influence the judicial systems of other nations when it comes to Australian citizens, which is as it should be. Concerns about Australian citizens charged or incarcerated overseas are dealt with through diplomatic channels, just as they should be. But the inconsistent and seemingly random way in which the former Rudd Labor government and now Gillard Labor government choose to liaise with nations on behalf of Australian citizens demands questions. Only this year, since Senator Carr has become the Foreign Minister, we have seen him making public diplomatic entreaties to a number of his counterparts. In only the last week, Minister Carr has publicly raised the case of a Tasmanian lawyer who is detained in Mongolia, working for Rio Tinto. None of this I have issues with. I recall Prime Minister Gillard getting on the phone to personally speak to the father and the young man who was charged and jailed for the possession of drugs in Bali. The Foreign Minister has been directly involved in cases in Libya and Syria, yet I cannot understand why he continues to sit back and not get himself involved diplomatically in the case of Matt Joyce.

The Prime Minister has been silent in her defence of Mr Joyce, with Minister Carr seemingly keeping his distance and choosing to stay informed through third parties. This is not how he has dealt with other Australian citizens detained in other countries overseas, yet he chooses this approach in this particular case which has been scrutinised in the Victorian Supreme Court and clearly the individuals concerned have been cleared of all accusations. We have been advised that the Prime Minister wrote a letter to the Head of the Ruler's Court and yet no confirmation has been sought to ascertain if it was received by the Head of the Ruler's Court, nor, may I add, has the Australian government received a response. Given the compelling judgement brought down by Justice Croft in the Victorian Supreme Court, it begs the question why the Prime Minister or the Foreign Minister has not picked up the phone and pursued diplomatic channels in seeking a resolution to this travesty of justice. There are so many questions that have been asked of Minister Carr in this regard, and yet he seems to be incapable of coming in here and providing comfort to the family of Matt Joyce that this case is not only on his radar but is, as it should be, one of primary concern.

This is a matter that is now receiving nationwide attention. An e-petition has been posted in the last week, appealing to the Australian government to actively pursue the release of Matt Joyce. I encourage all concerned Australians to register at www.bringmatthome.com.

This is not just about Matt Joyce, although personally I think the government has a lot to answer for. This is about all Australians who might find themselves in strife overseas and need to be assured that the Australian government will not forget them. For those who are familiar with the very different judicial systems in the United Arab Emirates, this is a real concern, where culture, religion and politics are so very different to our own country and potentially affect every Australian who chooses to work or play in the region.

At a time when Qantas and Emirates have initiated a partnership agreement, with Dubai being the transit stopover for all Qantas international flights, the number of Australians potentially exposed has increased exponentially. There has been a growing, meaningful and mutually beneficial relationship between Australia and the UAE. Yet the unresolved status of Matt Joyce looms as an impediment to strengthening the ties between our two nations.

There have been many speeches made in this place about forgotten people, forgotten Australians. It is of great concern that another name may well be added to that list, and that name is Matt Joyce. I call on the Prime Minister, once again, to pick up the phone and call His Highness Sheikh Mohammed bin Rashid Al Maktoum, the constitutional monarch of Dubai, Prime Minister and Vice President of the United Arab Emirates, and bring an end to this nightmare for the Joyce family.