Australian civil servant accused of spying denied access to evidence

Embassy of South Korea in AustraliaBy IAN ALLEN | intelNews.org |
Australia’s Federal Court has rejected a bid by a senior civil servant to view the evidence the government is using to accuse him of espionage. Until September of 2011, Dr. Yeon Kim was a career civil servant with the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). His specialization in international trade policy required a security clearance, which Kim had possessed since 2001. But in 2011, he was sacked and had his security clearance revoked for allegedly holding clandestine meetings with officers of South Korea’s National Intelligence Service (NIS). The Australian government accuses Kim of meeting repeatedly with Hoo-Young Park, an employee of the South Korean embassy in Canberra, who had been declared to the Australian government as an NIS liaison officer. According to court documents, three other NIS officers serving under diplomatic cover in Australia, Bum-Yeon Lee, Sa-Yong Hong, and a third man named Kim, were involved in collecting intelligence on Australian trade secrets. The Australian Security Intelligence Organisation (ASIO), which detained Kim, said that he willingly participated in the “foreign interference” operation by the NIS. For several months now, Kim has been contesting the Australian government’s legal case against him in the Federal Court. His legal team recently requested that the Court annul two certificates issued by the Australian attorney general, designed to bar the defense from accessing evidence against Kim. The certificates were originally submitted by government prosecutors during an earlier Administrative Appeals Tribunal hearing. But the Court declined the request, saying the defense waited too long to challenge the certificates. In issuing the ruling, Justice Lindsay Foster said Kim’s legal team should have requested that the certificates be declined during the original hearing. The judge censured Kim’s defense lawyers for “stand[ing] by and watch[ing] while the certificates were [originally] deployed”, adding that it would undermine the integrity of the legal process to allow the certificates to be challenged at this late stage. Back in May, we noted that there had been no expulsions of South Korean intelligence officers or diplomats following Kim’s detention. In fact, ASIO appeared to have gone to great lengths to prevent disclosure of the spy affair and even protect the identities of the NIS officers involved. The Australian government even warned in a memo that any disclosure of the South Korean intelligence operation would have “a detrimental impact” on bilateral relations between the two nations. In 2011, ASIO was allegedly assured by the Koreans that they had terminated all “inappropriate” activities on Australian soil; in return, it promised the NIS that it would “do all in its power” to prevent public disclosure of the incident and even protect the identities of NIS officers stationed in Australia. The full challenge to the government’s case against Kim is scheduled to be held in November of this year.

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