Australia wants its officials allowed into Stern Hu trial
Updated
Australia is pressing for its officials to be allowed into the full trial of Australian Rio Tinto executive Stern Hu after the Shanghai court ordered part of the hearing will be closed.
At the same time, an Australian China expert says it's a trial of China as much as a trial of Stern Hu and his three Chinese colleagues.
With the case set down to begin on Monday, Doctor Ann Kent also says Rio Tinto should cease all business negotiations with China until the case is over.
Presenter: Linda Mottram
Speakers: Stephen Smith, Australia's Foreign minister; Dr Ann Kent, Centre for International and Public Law, Australian National University
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MOTTRAM: When China advised that the cases of the four Rio executives would be held beginning next Monday, it also advised that Australian officials, wanting to attend on behalf of Australian citizen Stern Hu, would be allowed to hear the bribery case, but would be locked out of the court for the commercial espionage case. It was a court decision at the request of a party to the case, says Australia's Foreign minister Stephen Smith .. who also says he's disappointed and is pressing China to reconsider.
SMITH: Part of our argument is that the consular agreement should allow the presence of Australian officials for both of the charges. Having made that point, the government has also acknowledged to Chinese officials and publicly that even in our own system from time to time hearings are closed for confidentiality reasons. Our argument is we believe that the circumstances of this case warrant Australian officials being present in the court for the hearing of both charges.
MOTTRAM: Mr Smith says he'll await China's decision.
He's also stressing that Stern Hu is subject to Chinese legal processes. Doctor Ann Kent an expert on China and international law at the Australian National University says that's of great concern.
KENT: China does not have an independent judiciary so that even if due process requirements are met there is still the anxiety or suspicion that Mr Hu and his colleagues will not receive a fair trial.
MOTTRAM: Stephen Smith stepped carefully around a question about whether he believes Mr Hu and his colleagues will get a fair trial, particularly if Australia's push to have officials at the full proceedings fails.
SMITH: He will of course be represented by his legal counsel. That's the first point, secondly for at this stage for one of the charges, Australian officials will be in the room. At all time we have urged the Chinese authorities for two things to occur. Firstly for the matter to be dealt with expeditiously and secondly for the matter to be transparent.
MOTTRAM: Doctor Kent says the trial may or may not be held on Monday as announced. But she notes the timing of the announcement, as the head of Rio Tinto, Tom Albanese, heads to China, to be put up in a guest house normally reserved for heads of state.
KENT: The Chinese government puts a great emphasis on symbolism so it cannot have escaped them that they've made this announcement at this very time. They're currently in negotiations with Rio, or Chinalco is in negotiations with Rio, over a number of important business deals. The Chinese also a negotiating with Rio over iron ore prices which are rumoured to go up 80 to 90 per cent. And the Chinese government wants a great deal from Rio.
MOTTRAM: And she says that could be seen as a slap in the face of both Rio and the Australian government.
Doctor Kent also says this is a trial of China as much as a trial of Stern Hu.
KENT: It's a very political case and it will be seen that way in the outside world and Rio should be also very careful not to appear to be reaching deals at this time when Stern Hu's future is in doubt.
MOTTRAM: Indeed Doctor Ken says Rio should cease all negotiations with China, until the cases of it's executives are resolved.
