Canavan has to go

The balderdash is flowing:

Deputy Prime Minister Barnaby Joyce has defended his friend and colleague Matt Canavan after the Queensland senator resigned from cabinet as resources minister pending a High Court challenge over his apparent Italian citizenship.

Senator Canavan stood down yesterday, after revealing his mother had applied for Italian citizenship on his behalf in 2006.

He was born in Australia, as were both his parents, but his mother’s parents were both born in Italy.

Mr Joyce, who is Acting Resources Minister while Senator Canavan’s case goes before the courts, said the 36-year-old Nationals senator was a person of “exemplary character”.

He said he had learned of Senator Canavan’s situation last Tuesday the 18th of July, the day after Larissa Waters resigned as a Greens senator after finding she had Canadian citizenship, and four days after Ms Waters’ colleague Scott Ludlam resigned over his New Zealand citizenship.

There is no difference between the sloppy Greens and the sloppy Canavan. None of them can be held accountable in terms of volition.  But all three stuffed up.

Canavan has to go or The Greens be allowed back in.

The former is obviously preferable. No dual citizenship is an important rule designed to protect the national interest and has to be defended. We are reaching a point in globalisation in which traditional Australian alliances are under immense strain from all kinds of global integration. No duel citizenship is a nice big and dumb rule that prevents those that are conflicted about various national interests from gaining power.

Arguably it has never been more important.

Comments

  1. Care to expand on why it’s an important rule? Immigrant country etc. It’s not as if they are solely Italian citizens.

    • We are reaching a point in globalisation in which traditional Australian alliances are under immense strain from all kinds of global integration. No duel citizenship is a nice big and dumb rule that prevents those that are conflicted about various national interests from gaining power.

      Arguably it has never been more important.

      • drsmithyMEMBER

        I think it’s drawing a long bow to say that purely because someone has citizenship of another country they have (or could have) divided loyalties. Especially if citizenship has been passively conferred on them, they have never spent any significant time in that other country(ies) as an adult and have no strong familial ties.

        Particularly in a modern world where international travel is commonplace.

        I’d also argue there’s arguably a strong distinction to be drawn between countries that are, and are not, members of the Commonwealth. Especially since, as someone pointed out in the last day or two, there have been points in time in history where politicians declare allegiance to the Queen, not the country.

        It seems pretty clear that Section 44 needs some refinement – and now someone who matters has been hit it might even get it.

      • drsmithy

        It means they potentially have no stake in the country. They have an out. They can completely fuck the place and bail when the consequences happen.

        Like a CEO with a guaranteed golden parachute. What do they care?

      • I can’t recall the last time I agreed with you at any point in the last 8 years I’ve been visiting this blog.

        But I agree with you completely.

      • drsmithyMEMBER

        It means they potentially have no stake in the country. They have an out. They can completely fuck the place and bail when the consequences happen.

        I fail to see how dual citizenship is going to be (or has been) a particularly reliable indicator of that.

        Australian citizenship, time spent living in Australia, local familial, professional and community connections, criminal records, etc. Those seem like they’d be far more useful in determining whether or not someone was going to act in the best interests of the country (or had “skin in the game”).

        For people embracing corruption to the detriment of the country and substantial benefit to themselves, I’d propose doing a Skase is probably not high on the list of ways to avoid the consequences of their actions.

    • Ronin8317MEMBER

      The constitution is what every law in Australia derives their legitimacy on. If it can be pushed aside just because it is inconvenient for the government minister, then there is no rule of law in Australia anymore.

      It would also be extremely hypocritical as what happened too the Green senators are exactly the same : they are unaware they have dual citizenship, yet have to resign anyway.

      • Yeah but just like the US constitution and their, frankly ridiculous, second amendment our constitution can become outdated. I wasn’t advocating it be ignored merely asking for an analysis on why the rule is still important.

      • “US constitution and their, frankly ridiculous, second amendment”

        There is nothing ridiculous about it. Only someone who has lived a life of luxury and ease would view the 2nd amendment as ridiculous. Say what you will about gun crime, the 2nd amendment is a last resort for a time when people are suffering beneath the pall of oppression and tyranny…who can say when that will happen again…I’d say sooner rather than later with current trends.

      • TailorTrashMEMBER

        Agree the constitution as written has to stand unless the HCA makes some interpretation otherwise ….which would seem to be hard given the clarity of the language ….and as for it needing up dating I’d want to be very careful with that …….. that’s a dangerous slope …………at least the provisions for change means the people still have a lot of power there …I’d hate to see the likes of Andrew Robb or Shanghai Sam get anywhere near the levers
        ……………the question at issue would appear to be does Canavan have a foreign citizenship or does he not ……..if he does ….then he has to go .

      • drsmithyMEMBER

        Say what you will about gun crime, the 2nd amendment is a last resort for a time when people are suffering beneath the pall of oppression and tyranny…who can say when that will happen again…I’d say sooner rather than later with current trends.

        Once you’ve reached the point where widespread armed resistance is even a consideration, let alone necessity, what use is the law ?

        That’s before even beginning to consider the fantasy that in this day and age a militia could challenge a standing army.

      • Brenton,

        Every time I read a justification for gun ownership likes yours based on defending oneself from a gov gone rogue it makes me laugh, I have this argument nearly evertime I see my family in the states.

        For starters there is the Constitution that limits the gov, that’s interpreted by the Supreme Court. If the gov ignores the SC what do you think will happen? If it attempts to ignore it who will support it? The US Military? Do you think the US military is some one piece setup? If the gov went rogue it’ll be civil war and the military will break into different groups, plus I doubt that every member has the same political beliefs as their superiors do so the following of orders and who actual commands different units is a big problem. Your ordinary joe with his assault rifle against well trained military has no chance.

      • “Once you’ve reached the point where widespread armed resistance is even a consideration, let alone necessity, what use is the law ?”

        @Drsmithy, your assumption is that at the time the rule of law is still serving the people and not serving an oppressive elite. You cannot will into existence arms, nor the ability to use them.

        “That’s before even beginning to consider the fantasy that in this day and age a militia could challenge a standing army.”

        How many guerilla wars, including current ones, have proven your point to be conclusively wrong? Just one example is the Taliban; the combined might of NATO, including the world’s only superpower, could not defeat a ragtag militia in 15 years (over the long term, we will almost certainly lose).

      • Dennis,

        “justification for gun ownership likes yours based on defending oneself from a gov gone rogue it makes me laugh”
        I’m not defending gun ownership via the 2nd amendment, I’m defending the amendment itself and it’s premise. Gun ownership could be as simple as requiring it for work or just as a sport. The US is not the only nation with wide spread gun ownership. It’s gun violence problem is not founded in guns, but in their socio economic conditions and culture.

        You’re nativity is laughable. Your attitude just goes to show how much of a bubble Australian society lives in. Just because you’re fat, does not mean that others aren’t desperately hungry, nor that your children will not be hungry in a darker future.

        “For starters there is the Constitution that limits the gov, that’s interpreted by the Supreme Court. If the gov ignores the SC what do you think will happen?”
        And if the SC is compromised? You’re assumption is that the checks and balances are functioning. Corruption of the system does not happen overnight. Look to Turkey for a very recent example.

        “Your ordinary joe with his assault rifle against well trained military has no chance.”
        Refer to every guerilla war that has ever been. When an insurgency has popular backing, it is extremely difficult to defeat them, irrespective of how asymmetrical the warfare.

    • I see your point but I still think if one is to serve in Federal or State Parliament needs to only hold single citizenship. The only reason why I have not run for PM..
      On more serious note I do agree with you as it matters not if you have single or dual citizenship. All FED and State politicians are selling the country left right and centre and most of them have single citizenship. they can still fly to a country that has no extradition treaty with Oz and hide there.

  2. The way the government is trotting out his mother, like that matters. Oh, wait, it does to the media. So corrupt and gross the way grown men on the right continually have their failings excused away for them.

    Its the Constitution, the legal document that governs the country. Maybe our lawmakers should pay more attention to it?

    • do you seriously think his mother never mentioned it to him? bllsht.
      It was 10 yrs ago

      • Exactly. I don’t see the difference between what Canavan did and what waters did. Both had citizenship bestowed on them without their knowledge. That’s if you believe Canavan’s story, which I don’t. Its moot anyway, the Constitution is there for all to read. I doubt the government wants this to go to court, what a lot of drama that will create.

      • innocent bystanderMEMBER

        Barnaby admitted in press conference this morning Canavan was party to family citizenship discussions in about 2005. And there were unsigned documents involved.
        You could see the expression on his face that he had said too much.
        “journalist” went on to ask about water rights….

      • if he was 10 years old yes I would believe that but it was 10 years ago and he was 25 years old. f him.
        but it will be interesting to see how Libs will defend him while at same time throw mud at the greens. lol

  3. It’s pretty hard to believe that an adult could be granted citizenship of another country without even being required to sign a document.

      • There are some countries which are very aggressive in counting people as citizens even without telling them. Italy is one. Poland is another. I think some of the Baltic states too.

      • ResearchtimeMEMBER

        Hang on – don’t be judge and jury yet. As far as I know, if he didn’t make the application, then it never went through. The application means nothing…

        Let due process take place IMHO. If he is a citizen, then sure, he has to go!

      • H&H it is possible to be granted citizenship without even knowing as per other comments below. However, if this was a Labour or Greens party member the Libs would not have been so understanding.
        I actually believe him but still would say f him as we have to apply same standards for all “sloppy” politicians.

      • I personally believe he would of signed some form a document with his mothers application or at the time certainly known about what his mother was doing back then. He would of talked about his political aspirations back then as well. It’s not like he was a minor or under 21yrs (when a majority of world recognises you are responsible adult) Someone who is supposedly the right honourable minister is in my opinion lying his ass off and hiding behind the vale of mammy. So to is the liberal national party and these are the adults in charge blaming everyone else but taking responsibility

        These are the leaders making the decisions that screw each and everyone of us, but it’s ok he belongs to an established political party so he will be backed by lying trolls.

        Now onto distracting us with further tax rorts of family trusts and not go after those big corporations who are plainly avoiding tax. It only takes a dinner with turdball to make that issue disappear. If only he could have his mammy have dinner with turdball..

    • Italy considers ever descendant of a citizen to be a citizen. It has something to do with descendants of people who fled the Fascists. There were always issues with descendant males going to Italy in the past and being in trouble for not having done national service.

    • DingwallMEMBER

      ” …..after revealing his mother had applied for Italian citizenship on his behalf in 2006″. Using the Warne defence ………

  4. Next: I sent in the forms to cancel my other citizenship, but it appears that my dog ate it.

  5. The Greens resigned which was a mistake (so they can’t be allowed back). They should have stayed on until the Court of Disputed Returns ruled and just donated their salaries back because it has adjusted the balance of power and reduced the parliamentary representation of their states.

    • drsmithyMEMBER

      On what basis could they have stayed ? They had identified that they were citizens of another country (thus, invalidly elected), and there’s not really any wiggle room in S.44…

      • I reckon there is where you don’t know that you were a ctiizen of another country.

        In any case, in 1901, Australians were all citizens of Britain weren’t they? If so, the rule can ‘t be absolute.


      • In any case, in 1901, Australians were all citizens of Britain weren’t they?

        Not sure that was the case – British subjects, yes, but citizens of the Colonies of New South Wales, Victoria etc. Edmund Barton, for example, was a NSW MP for around 20 years before becoming the first PM.

      • No case has been brought to the High Court re Waters or Ludlam.
        Sue v Hill has at least one notable difference – Hill applied for and received her British citizenship as an adult while living in Australia.

  6. GunnamattaMEMBER

    There may be a bigger issue here.

    Canavan would have an official Australian government passport. That requires at least a Negative vet from AGSVA, (and you would think a positive vet for a minister).

    That process has not identified this additional nationality.

    I would imagine the Italians would have some issues with their potential nationals signing up adult children without these knowing…….

    But making sure you have extra nationality is how the elites work……

    • As a Neg Vet holder – they pretty much just check up on what you declare to them, i doubt there is much “blue sky” checking apart from police records etc.

      Positive vet on the other hand might include something like this, but again if no-one mentions it, why would they go looking.

    • macrofishMEMBER

      Unlike employed people getting NV/PV the outcome of the vetting is meaningless as he is an elected official so he could be a child rapist but they cant comment or do anything.

  7. Brandis making a big assumption they will get Special Leave in the High Court. Though every wheel will be being greased there.
    Edit- may not need it with Constitutional matters originating jurisdiction the HCA.

    But it is farcical this is being enforced so strongly for risk of other sovereign interference, but accept limitless donations from SOEs run by the Chinese Communist Party- oh sure that is fine!

    • Bingo. If you came here at the age of 2 with a dummy in your mouth and did not renounce your Canada (apparently an enemy state) passport before contesting an election, you are worse than Bashar al-Assad?

      Bugger dual citizenship, Aussie politicians should not be allowed to own real estate in AUS while in government. Ironically, if you strip them of dual citizenship, they probably can not own real estate in Italy or Canada.

  8. To be fair, if he didn’t sign the forms and that can be proven, why should he be forced out?

    The Italian citizenship would be unlawful

    Otherwise I would apply for UK citizenship in Tony Abbott’s name, so I can get him kicked out

    • i doubt that Italy processed un-signed forms for a citizenship application. I’d give that a maybe 1% chance of happening

      so did his mum (assuming that the applied on his behalf story is true) forge his signature ? If if she did, what kind of crime under italian law is that ? He’d be a super scumbag to throw his own mum under the bus

      or did he sign them and is desperately doing a Trump and blaming everyone and everything except himself for a mistake

      • IT could just be that as his mother she could sign on his behalf regardless of his age.

      • it’s a citizenship form for a sovereign nation. Australia Post doesn’t let you do that (without first signing the ‘agent’ form), I can’t wrap my head around any country that accepts someone signing a formal document like this on another adult’s behalf.

        because that’s the important bit – it was only 10 years ago, so he would very much have been an adult.

      • HadronCollision

        BINGO

        What is more likely here

        Canavan fked up and is now trying to weasel out of this
        OR
        His mum submitted a citizenship form that apparentlt requires a sig, without his knowledge

        You be the judge

      • Well barnaby says that the form was completely unsigned, and that he has a copy of it

      • so this unsigned form that Barnanby has, is presumably undated as well ? Since they typically happen at the same time

        how would you go about proving or disproving that a newly printed form that is filled out as if it was 10 years ago, was in fact newly printed.

        or, how could Barnaby and co prove that this unsigned form is in fact from 10 years ago (and not just printed off this week), when the evidence would suggest that a signed form was received by the italians, since they processed it…

      • Well, I guess if Canavan is declaring that he never signed the form, it would fall upon Italy to produce the signed (and dated) document
        They should do this for their own edification if nothing else

        Of course, if Canavan DID sign the form and is proved to be lying, he should go to jail

      • FeknameMEMBER

        RE: mother processing without son’s signature-

        Is it that unusual? If a mother is a citizen and she can prove she has a child who is applicable, maybe its like a birth certificate and can be processed by Italy no worries?

        I think Canavan deserves whatever rough water he is headed for though. If Larissa Waters can be brought down cos her mum said “no worries, you have to actually apply to get Canadian citizenship” then why should Canavan get off cos his mum failed to tell him something?

    • Exactly. +100.

      We are meant to be a democracy. How about this for a compromise rule change: if someone has dual citizenship and declares it publicly – and the people still vote them in – they are perfectly entitled to take a seat in Parliament.

  9. Jake GittesMEMBER

    An addition has to be made to the Constitution which allows MPs to renounce their mothers’ actions and signatures which covers the MP’s age up to at least 60. This will restore integrity to the Parliament.

  10. CristianMEMBER

    I agree. It is an important principle; no dual nationals in the Parliament.

    If he was a dual Chinese citizen, would people be as soft on him?

    • Technically from a Chinese perspective that isn’t possible as China does not allow dual citizenship. However a lot of Chinese people have attained a second citizenship and not renounced their Chinese citizenship, especially the rich/upper middle class. I am looking forward to what will happen when the Chinese gov decides it is finally the right time to make these people choose either to keep their newly acquired citizenship or their original Chinese citizenship, it will happen one day and it will be entertaining. Being a Chinese citizen gives you many perks which a foreign citizen cannot enjoy, esp wrt to assets inside China.

  11. Hypocritical Coalition desperates arguing on Chris Kenny’s facebook page last night that Canavans situation was different from the Greens as Canavan was born in Australia

  12. In this situation, and so too with Larissa’s (if she hadn’t resigned), its best left to the courts to decide. No doubt he will be deposed and if he has lied about knowing of his mother’s actions then he will need to run the risk of being caught out for perjury. Unless he is being scrupulously honest with the facts this is not a trivial risk to take. Lies tend to leave stains. A mother who gains foreign citizenship for her son is likely to have related it to others. The truth will float to the surface.

    We don’t know the truth and the self righteous types saying he is lying is idle speculation. But, given the risks involved, if he pursues his claim to the courts, Bayes theorem might suggest revising the probability of him being honest up a tad.

  13. reusachtigeMEMBER

    I want to allow dual citizens to become our president so that we can elect Dr Ching Chau Wak as our leader because he is a great property tycoon and builds re-educational facilities!

  14. The Canavan story gets very murky as turns out his mother was applying at the time his father was being gaoled for fraud. So he clearly knew his Mum was applying at the time. I am betting he signed a form and forgot about it. I found if the Italians will left us see his case file (pity it is not the Germans as they would have a very accurate record system).

  15. HadronCollision

    So…let’s join the dots

    Di Natale (or Ni Datale as Kuddles Kindly referred to him as) has said their advice is that S44 is unambiguous. Ignorance is no defence.

    Canavan takes this to the high court…to test that…

    Court says, ignorance is a defence (even if the citizenship application without his sig is unlawful, but that is Italian jurisdiction I presume, unless it breaks some AU law, in which case, poor old mum better find a bus to lie under as Matteo drives over her)…

    In which case, Ms L Waters and Mssr S Ludlam can verily say, well, we were ignorant also, and now Matteo Canavanni has set this precedent, we want back in.

    Could Canavan Create Catastrophic Cockup?

    Canavan Creates Cataclysmic Clusterfk and Waters and Ludlam back in? (I am not clear on the law on this once resigned)

    What an own goal!

    Or will the COALition throw Canavanni under a bus just to ensure Waters and Ludlam don’t return

    What a mess!

    • FeknameMEMBER

      I’m not a lawyer, but I’d expect the court would want to tread carefully here. Most crimes aren’t sentenced lighter due to ignorance (afaik) and carving out ‘special circumstances’ for stuff like constitutional law is really risky. I suppose the key question with regards to S44, is did he take “reasonable steps” to ensure that he has no dual citizenship? Did he ever ask his mother whether he could’ve inherited Italian citizenship through her? Did he ever ask the Italian embassy whether that was possible? We already know there are countries where citizenship is applied through blood rather than geographical location at time of birth, so I wouldn’t think its reasonable to just assume single nationality. But then again, his mother wasn’t born with Italian citizenship so he probably thinks of himself as 3rd generation Aussie or something. Which seems reasonable enough.

      Upon further thought, maybe the question the judges would want to ask- “Did you know your mother received Italian citizenship, and if so did you ask her about the possibility of it having extended to yourself?”.

      I know if my mother suddenly got Scottish citizenship I’d be asking whether I can get it (or already have it). along with “so why do you want that anyway?”.

  16. HadronCollision

    How’s Canavan’s purported defence?!

    He will remain in Parliament while the government makes an urgent application to the High Court to determine the matter. The government argues that because Senator Canavan’s registration as a citizen was obtained without his consent, his Italian citizenship is invalid and he is not in breach of section 44 of the constitution, which prevents dual nationals from serving as federal MPs.

    Arguably Waters’ citizenship was acquired without her consent, or is there some implied consent by dint of the fact her parents were in Canada at the time (or whatever the circumstances are).

    Ludlam, same practical effect.

    • Generally speaking, minors can’t consent to anything very much, so it seems an even better defence for Waters and Ludlam.

      • HadronCollision

        Yes, but there’s implied consent in many things your parents sign you up for: vaccinations (I’m pro! I’m pro!), myhealthrecord, etc etc etc. Waters’ parents, though, as I understand it, didn’t sign her up for it, she was a victim of circumstance so to speak.

        More fundamentally, Canavanni’s mum took the overt step of signing her up, presumably after this purported conversation.

        Struggling to believe Canavan.

        His actions reek of desperation to cling to power.

        Contrast this to the Greens.

      • Ronin8317MEMBER

        Will he throw his mum under the bus and said the signature is faked, and his mum dressed up as him to do the interview?

      • Yes, it would seems that things are not adding up with his story…… It is a recent enough too that records would probably have been kept reasonably well. Digital record systems have been in placed for at least a decade…. if it had been 20 years ago it would have been a paper system.
        The Father’s fraud conviction at the same time adds to the mystery.

    • There is now some suggestion that MC’s Italian citizenship lapsed when he was elected to Parliament. If that’s the case, he’s probably OK.

      • HadronCollision

        How can your citizenship lapse?
        Italy has a special rule that auto lapses a citizenship (without renouncement) when an Australian enters Australian parliament?

        Let me just run that through my bulls$t detector

      • @ Cornflakes – no, it would have lapsed in 2013 so he would have been fine for 2016.

        Re the others – a quick check of Wiki says that Italian citizenship can be revoked (lapsed if you will) if you are employed by a foreign state AND the Italian govt asks you not to be and you refused. I gather that that is what whomever raised it might have been referring to but obviously the Italians haven’t asked Matt to quit.

  17. bolstroodMEMBER

    How was it that Eric Abetz was found to be a German citizen while being an Australian Federal MP, renounced his German citizenship and continued sitting in the Australian parliament?

    • It’s almost like there is a culture of entitlement in the Liberal party where the laws don’t apply to them.

      Almost.

    • He was very lucky to have not had his citizenship contested. That was the only thing to save him; that nobody else caught up with him.

  18. Howard looks like a Labor left compared to this lot. The arrogance is nauseating. Fuck off greaseball.

  19. The whole debate is pointless. Why insist on national integrity when our infrastructure, farms, businesses etc have been sold to other nations? Why insist on national integrity when our culture has been diluted to the extent that we are now simply a group of self-interested tribes? Why insist on national integrity when ex politicians like Andrew Robb actively and openly work against our interests with the blessing of his “mates”. Dual citizenship is yesterdays debate. Todays debate is which nation offers the best bribes. Who cares about the future, it is already stuffed.

  20. well well – Malcolm Roberts refuses to show that he has renounced his British citizenship. This will be fun to watch.

  21. If the two Greens have to go then so does he, interesting that when the Liberals have one of their own involved they suddenly decide it’s different for them. No doubt they made the most noise about the other two.

  22. SoMPLSBoyMEMBER

    “Greens Leader Richard Di Natale on Canavan: “If you’re a real Italian, you never blame your mother for anything. “

  23. here’s some of the reasoning behind it, right for the time, still right for the times…
    “Mr Glynn: You cannot have two allegiances.
    Mr Barton: No; a man might have to go out of our Parliament to serve against us.
    Sir George Turner: He may be Minister of Defense.”
    Adelaide Federal Convention Debates 1897 re s44i

  24. StomperMEMBER

    Well this is an interesting angle……

    https://twitter.com/granleese/status/889813043357417476

    Matt Canavan and Mum became Italian citizens at same time his dad stole $1.6m from Nestlé (convicted) @albericie

    https://t.co/CpmYz0u93g

    http://www.couriermail.com.au/news/queensland/managers-milked-nestle-of-16m/news-story/2bdedbae431500a9f11f80f38b2bda16?sv=80441210eb8e0ef922f6eb0fd7cd5950
    Managers milked Nestle of $1.6m
    Mark Oberhardt, CourierMail
    May 22, 2007 12:00am
    TWO accounts managers were entrusted to guard against fraud at one of the world’s biggest companies but instead stole nearly $1.6 million.
    Prosecutor Julie Alyward told the District Court in Brisbane today, Bryan Michael Canavan and Phillip Michael Gardiner held senior postions with Nestle Australia Ltd but during a 3 1/2 years period stole cash and property for no other motive than “greed“.

    Canavan was a senior accounts manager and Gardiner an accounts manager in Nestle beverage and confection division.

    She said the men were in positions designed to safeguard against fraud but they used their knowledge to circumvent those safeguards.

    Mrs Aylward said the pair stole cash by recruiting a third party _ a businessman who had several stores in provincial Queensland _ and paid money into various accounts controlled by him. It was then split three ways.

    She said the men also fraudulently acquired a large amount of property _ such as retail store gift vouchers, Australia Post cash orders, and hardware _ to which they were not entitled.

    Both men bought real estate and used money they had fraudulently gained to upgrade the properties with landscaping, refurbishing, etc.

    Mrs Aylward said Canavan bought and sold six properties and Gardiner four.

    She said while the men repaid all but $30,000 of the money and had no previous convictions, the crown was asking for a strong deterrent sentence.

    “They were in effect the last line of defence against fraud but betrayed that trust,“ she added.

    Canavan, 46, and Gardiner, 41, pleaded guilty to dishonestly applying to their own use $703, 984 belonging to Nestle Australia Ltd between January 1, 2001 and May 26, 2004.

    They also pleaded guilty to dishonestly obtaining property to the value of $875,668 between May 1, 2002 and May 26, 2004.

    Peter Callaghan SC, for Canavan, said his client had “reinvented“ himself in the real estate industry after he was charged and had shown he was well on the way to rehabilitation.

    He said Canavan made admissions to police when interviewed and had done everything possible to repay the money.

    Solicitor Andrew Boe, for Gardiner, said there was evidence his client was remorseful and had led a previously blameless life.

    Judge Michael Rackemann will pass sentence on Canavan and Gardiner, who have been held on remand since January, at a resumed hearing tomorrow.

    Originally published as Managers milked Nestle of $1.6m

    • Wow so Canavan Snr is arrested and charged for defrauding his employer of hundreds of thousands of dollars and using the proceeds to buy realestate. While on bail awaiting sentencing he is “reinventing” himself as a real estate agent…and this mitigating circumstance?
      One of your best Pete
      FYI “Judge Rackemann sentenced the men to seven-and-a-half years’ jail but ordered they be considered eligible for parole on November 17, 2008 – taking into account the 126 days they have already served”