Shaoquett Moselmane staffer tried to ‘advance’ China through Labor MP, High Court told
High Court documents have revealed the staffer of NSW Labor MP Shaoquett Moselmane was targeted by raids because he was allegedly attempting to influence his boss to advocate for the foreign superpower.
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A NSW Labor staffer has launched a High Court bid to halt an investigation into whether he acted to “advance the interests” of the Chinese government by encouraging his unwitting boss – Labor MP Shaoquett Moselmane – to advocate for “Chinese State Interests”.
The documents, lodged in the nation’s highest court this week, reveal police allege part-time staffer John Shi Sheng Zhang and others covertly advanced the goals of the “Chinese State and Party apparatus” reckless to the impact they would have on Australian democracy.
Mr Moselmane’s Rockdale home was raided by the Australian Federal Police in June as part of a joint investigation with ASIO.
The Labor backbencher says he is not a suspect in the investigation.
He says investigations are attempting to determine if “other people (were) allegedly advancing the goals” of Beijing. But the MP was suspended as authorities continued their probe.
Neither Mr Mouselmane or Mr Zhang have been charged by police over the raids.
Mr Zhang, his part time staffer, applied to have the High Court quash three “invalid warrants” used to raid his home, business and a parliamentary office.
He is also seeking an order to destroy or return any material seized by the authorities.
The court documents shed light on the police allegations.
According to the documents, authorities allege Mr Zhang and unnamed others, between July 2019 and June 2020, were “acting on behalf of ‘Chinese State and Party apparatus’ in a ‘private social media chat group and other fora’ with Mr Moselmane.
Police allege they were trying to “advance the interests and policy goals” of China in Australia by supporting and encouraging Mr Moselmane “for the advocacy of Chinese State Interests”.
Police allege Mr Zhang and the others did not tell Mr Moselmane they were acting on behalf or in collaboration with the Chinese Ministry of State Security or the United Front Work Department.
Mr Zhang was, according to police allegations, “reckless” that his conduct would influence the Australian political process by influencing NSW Labor’s views on China.
Mr Zhang’s application, dated August 3, says the warrants “impermissibly burden the implied freedom of communication on governmental and political matters contrary to the Commonwealth Constitution”.
Mr Zhang is an Australian citizen who immigrated from China in 1989 and, since October 2018, has worked part time for Mr Moselmane.
The AFP, on June 26, presented Mr Zhang with warrants for his home and business premises and items were seized before the staffer could lodge a claim of parliamentary privilege related to some communications captured by the warrants.
The High Court documents say the AFP examined the seized items from Mr Zhang’s home and business from July 10 to 30 before the parliamentary privilege claims had been determined.
On July 24 the third warrant – for a room at NSW Parliament House – was given to Mr Zhang and he claimed further privilege over all items authorities could find on a shared computer he used and the server containing his email.
Mr Zhang‘s legal team say the warrants were invalid partly because they were unclear, in their wording, if the staffer’s target was Mr Moselmane, NSW Labor, the electorate on the whole and were also unclear if the “foreign principal” was the Chinese state and party apparatus or the Chinese government.
“In the absence of valid warrants the search of Mr Zhang‘s personal and business premises was a trespass, the seizure and removal of Mr Zhang’s property is unlawful”.