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After much deliberation and consultation with legal experts, Attorney-General model-putrid has made the decision to refer 12MaxWild to the Australian Federal Police for the crime of making an unwarranted demand as a Commonwealth public official, as defined by Section 139.2 of the Criminal Code Act 1995.
While model-putrid is known for acerbic wit and sense of humour, she does not take the referral of such senior political officials lightly, especially in an election period. However, model-putrid believes that the actions of 12MaxWild in demanding that New Zealand sign a CANZUK military pact at risk of tariffs being placed on their goods are not only deplorable and idiotic, they are criminal.
While it has been reported that these comments were made by a "aide with rumoured Socialist Party sympathies", the Attorney-General has confirmed with the Prime Minister of New Zealand that these comments were made by 12MaxWild, and is therefore confident that he has violated the Criminal Code Act 1995.
The applicable section of the act is shown below:
139.2 Unwarranted demands made by a Commonwealth public official
A Commonwealth public official commits an offence if:
(a) the official makes an unwarranted demand with menaces of another person; and
(b) the demand or the menaces are directly or indirectly related to:
(i) the official’s capacity as a Commonwealth public official; or
(ii) any influence the official has in the official’s capacity as a Commonwealth public official; and
(c) the official does so with the intention of:
(i) obtaining a gain; or
(ii) causing a loss; or
(iii) influencing another Commonwealth public official in the exercise of the other official’s duties as a Commonwealth public official.
Penalty: Imprisonment for 12 years.
As a serving Deputy Prime Minister at the time, the Attorney-General believes that 12MaxWild made an unwarranted demand with menaces to Prime Minister Jacinda Ardern. The applicable section of the act in regards to defining an "unwarranted demand with menaces" is as follows:
138.1 Unwarranted demand with menaces
(1) For the purposes of this Part, a person (the first person) makes an unwarranted demand with menaces of another person if, and only if:
(a) the first person makes a demand with menaces of the other person; and
(b) the first person does not believe that he or she has reasonable grounds for making the demand; and
(c) the first person does not reasonably believe that the use of the menaces is a proper means of reinforcing the demand.
(2) This Part applies to a demand whether or not it is for property.
(3) This Part applies to a demand with menaces, whether or not the menaces relate to conduct to be engaged in by the person making the demand.
Menaces is additionally defined as including "a threat (whether express or implied) of conduct that is detrimental or unpleasant to another person; or a general threat of detrimental or unpleasant conduct that is implied because of the status, office or position of the maker of the threat."
The Attorney-General believes 12MaxWild's behaviour in threatening to veto the CANZIRES deal and place tariffs on New Zealand goods unless Ms Ardern complied with his demands as falling under the definition of menaces, meaning that 12MaxWild made a demand with menaces to Ms Ardern.
Given that these were neither reasonable threats to make nor threats 12MaxWild had the authority to carry out, the Attorney-General believes that 12MaxWild did not believe that he had reasonable grounds for making the demand, and given that this act of diplomatic blackmail was not authorised by Cabinet, nor was it an act that 12MaxWild had the ability to enforce, it is clear that 12MaxWild did not view the use of the menaces as a proper means of reinforcing the demand he made to Ms Ardern. Therefore, the Attorney-General has come to the conclusion that 12MaxWild made an unwarranted demand with menaces to Ms Ardern.
Both the demand and the menaces threatened by 12MaxWild directly related to his capacity as Commonwealth public official, at the time serving as a senior member of the Australian government, and given he clearly made the demand with the intent of obtaining a gain (i:e, obtaining the agreement of New Zealand to the CANZUK military pact), the Attorney-General believes it to be certain that 12MaxWild has committed an offence by making unwarranted demands as a Commonwealth public official.
Attorney-General model-putrid has therefore written to the Commissioner of the Australian Federal Police, referring 12MaxWild's actions to them as a criminal offence, and urging that the ex-Deputy Prime Minister be charged for violation of the Section 139.2 of the Criminal Code Act 1995 in regards to his actions against Ms Ardern.
Quotes attributable to model-putrid, Attorney-General and Gippsland-based Senator
"It is the view of me and my department that 12MaxWild has committed a deeply serious crime, and he should be held accountable for it."
"No-one is above the law. I urge the Australian Federal Police to take action and ensure that 12MaxWild is held responsible for his abuse of his role and percieved power as a Commonwealth public official."
"12MaxWild committed a reckless and grave offence in his actions against New Zealand Prime Minister Jacinda Ardern. His offence must not go unpunished."
"I am confident that this action shows that me and my department are committed to applying the law equally and prosecuting any and all violations of the law, no matter how high-ranking the perpetrators."
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