Daryl Maguire in his electorate.....
Showing posts with label NSW Independent Commission Against Corruption (ICAC). Show all posts
Showing posts with label NSW Independent Commission Against Corruption (ICAC). Show all posts
Tuesday 17 July 2018
Liberals continue to behave badly - Part Four
A Liberal local government councillor and a Berejiklian Government Liberal MP discovered conducting what appears to be some decidedly unparliamentary business by the NSW Independent Commission Against Corruption during Operation Dasha.
ABC
News, 13 July
2018:
New South Wales
Government MP Daryl Maguire has resigned from his role as a parliamentary
secretary and will now sit on the crossbench after admitting before a
corruption inquiry that he sought payment over a property deal.
Mr Maguire stepped aside
from the parliamentary Liberal Party after the revelations at the Independent
Commission Against Corruption (ICAC).
The corruption watchdog
is investigating claims of improper conduct by former Canterbury City
councillors Michael Hawatt and Pierre Azzi and today heard a tapped phone call
between Mr Hawatt and Mr Maguire.
Mr Maguire, the Liberal
MP for Wagga Wagga, told the ICAC he pursued Mr Hawatt on behalf of Chinese
"friends" from the company Country Garden who he was trying to help
get established in Australia.
'3pc is better, if you
know what I'm talking about'
In a phone conversation
played before the inquiry from May 2016, Mr Maguire said his friends were
"mega big with mega money" and wanted to invest in as many as 30
development-approved properties.
Mr Hawatt suggested a
$48 million project on Canterbury Road in Canterbury.
In the phone call, Mr
Maguire asks Mr Hawatt what his margin is on the property.
Mr Hawatt replies that
his margin is 1.5 per cent.
"1.5 per cent
divided by two isn't very good," Mr Maguire says.
"Three per cent is
a lot better, if you know what I'm talking about."
When questioned by
counsel assisting the commission, David Buchanan, Mr Maguire said he had no
client or consultant relationship with Country Garden.
But when challenged as
to why he was interested in what the margin was on the property, Mr Maguire
told the hearing: "It appears I was talking about a dividend."
"Who was the
intended person?" Mr Buchanan asked.
"I suspect it was
me," Mr Maguire replied.
Daryl Maguire in his electorate.....
Daryl Maguire in his electorate.....
The
Sydney Morning Herald,
8 February 2018:
Premier Gladys
Berejiklian is under pressure to explain why she agreed to meet two publicans
with criminal records including for arson and attempted insurance fraud
and illegally owning poker machines late last year.
The Premier met in late
October to “discuss gaming issues” with three publicans in the Riverina and
Wagga Wagga Liberal MP, Daryl Maguire, diaries disclosed
by her department last week show.
But two of the men
present, Gino Scutti and Nicholas Tinning, had criminal histories, it was
revealed in Question Time on Thursday afternoon.
The Premier said she did
not recall the meeting or answer questions from Labor about whether she retained
confidence in Mr Maguire, who brokered the meeting. Mr Maguire is also the
Parliamentary Secretary for counter terrorism and corrections…..
Scutti, the former owner
of the Carrathool Family Hotel, was convicted in 2013 of burning down his pub
three years earlier….. He was handed a suspended two-year sentence and a good
behaviour bond for the charges of damaging a property by fire and publishing
false information…..
Tinning, who was also
present at the meeting, pleaded guilty last April to illegally possessing
five poker machines and parts following an investigation by Liquor and Gaming
NSW. He was fined $7500 in the same court.
Tinning is a Wagga-based
hotel broker.
Friday 18 May 2018
The people attracted to a career in Tzar Peter’s federal super ministry.....
Brisbane
Times, 16 May
2018:
The information chief at
Peter Dutton’s new Home Affairs super ministry allegedly ordered the deletion
of a government record relevant to a request under freedom of information laws
when he was a senior executive at NSW’s transport agency.
Tim Catley, who began
his high-ranking role at Home Affairs in February, is accused of directing
staff at Transport for NSW to delete government information in 2016, in witness
statements given during an investigation by the state’s Information and Privacy
Commission.
Mr Catley vehemently
denies he asked anyone to delete government records. “The allegation that
I asked anyone to delete an email is not true and it is not technologically
possible to do that anyway [at the transport agency]. Professionally and
ethically I wouldn’t do anything like that,” he told the Herald.
Following a referral
from the Independent Commission Against Corruption, the state’s Information
Commission launched an investigation behind closed doors into the deletion of a
record at Transport for NSW to avoid public disclosure 18 months ago.
During that
investigation, the Information Commission was told of a culture inside
Transport for NSW of suppressing bad news, meaning that higher levels within
the department were not told of potential cost blowouts on projects.
The investigation also
heard that warnings about this culture of suppression were relayed to the then
secretary of the department, Tim Reardon, now NSW’s top public servant as head
of the Department of Premier and Cabinet.
A preliminary report on
the Information Commission’s investigation, seen by the Herald, found that
a Transport for NSW executive issued directions to delete government
information relevant to a request under the Government Information (Public
Access) Act (GIPA), the state’s freedom of information legislation.
“The investigation has
found that the executive directed the deletion of records that were germane to
a GIPA access application and that staff acted on that direction,” the report,
by Information and Privacy commissioner Elizabeth Tydd, said.
Ms Tydd’s report did not
name Mr Catley as the executive who directed the deletion. But the witness
statements to the commission assert that it was Mr Catley who gave the
direction.
Despite her finding
about the direction, Ms Tydd determined there were no grounds to refer the
matter to the Director of Public Prosecutions or the Attorney-General….
According to Ms Tydd’s
analysis, if the official who destroys the information is unaware the
information is subject to a freedom-of-information request, the person who
directed them to delete that information did not commit an offence.
And because other staff
at Transport for NSW later ensured the deleted document was retrieved, the
commissioner found the government agency had not failed in its duty.
According to evidence given during the
investigation, Mr Catley raised concerns at a meeting in July 2016 about emails
that detailed a cost blowout in the $425 million “Next Generation
Infrastructure Services” project. An application for information about the IT
project sought under the GIPA Act was also discussed at the meeting.
That same month, Mr Catley allegedly directed a more junior staff member to delete an email about the exit from Transport for NSW of a manager who had a senior role overseeing the IT project, according to witness statements given to the Information Commission.
That same month, Mr Catley allegedly directed a more junior staff member to delete an email about the exit from Transport for NSW of a manager who had a senior role overseeing the IT project, according to witness statements given to the Information Commission.
At the time, Mr Catley had responsibility for technology
at Transport for NSW as its chief information officer, a role he had held since
2012.
Early
this year, a “confidential” report by a consulting firm commissioned by Transport for NSW
revealed a concerning picture of the state of IT at the state’s transport
agencies.......
Sunday 1 April 2018
UNITED LAND COUNCILS IN THE NEWS AGAIN: Nicholas Petroulias appears before NSW Independent Commission Against Corruption and represents himself at hearings
*This post will be updated whenever additional information becomes available*
The NSW Independent Commission Against
Corruption (ICAC) began a public inquiry on 27 March 2018.
ICAC’s
media
release of 7 March 2018 stated in part:
“….as part of an
investigation it is conducting into allegations concerning the Awabakal Local
Aboriginal Land Council (LALC) (Operation Skyline).
The Commission is investigating whether any public official, being a Awabakal LALC Board director, acted dishonestly and/or in breach of their duty as a Board member in relation to a scheme involving proposals from 2014 to 2016 for the sale and development of properties (“the Sale and Development Scheme”) owned by the land council.
The Commission is also investigating whether any Awabakal LALC Board director acted dishonestly and/or in breach of their duty as a Board member in purporting to retain, or retaining, Knightsbridge North Lawyers or anyone else to act for the land council in respect of the Sale and Development Scheme.
Further, the ICAC is investigating whether any Awabakal LALC Board director: acted dishonestly and/or in breach of their duty as a Board member by participating in, or aiding or assisting any person in relation to, the Sale and Development Scheme including dealings with Sunshine Property Investment Group Pty Ltd, Sunshine Warners Pty Ltd, Solstice Property Corporation Pty Ltd and Advantage Property Experts Syndications Pty Ltd and/or Advantage Property Syndications Ltd; and whether they received any financial or other benefits as a reward or payment for their involvement in, or for their assistance or services rendered in relation to, the Sale and Development Scheme or any connected matter.
The Commission is also examining whether any person or persons encouraged or induced any Awabakal LALC Board director to dishonestly or partially exercise any of their official functions in respect of the Sale and Development Scheme and any other land council property, or otherwise engaged in conduct connected with corrupt conduct within the meaning of the Independent Commission Against Corruption Act 1988.
The public inquiry will start at 10:00 am and will be held in the Commission's hearing room on Level 7, 255 Elizabeth Street, Sydney. Chief Commissioner the Hon Peter Hall QC will preside at the public inquiry, and Counsel Assisting the Commission will be Dr Nicholas Chen SC and Ms Juliet Curtin.
The inquiry is set down for approximately three weeks. A witness list for at least the first week of the proceedings will be published on the ICAC website prior to the commencement of the public inquiry.”
The Commission is investigating whether any public official, being a Awabakal LALC Board director, acted dishonestly and/or in breach of their duty as a Board member in relation to a scheme involving proposals from 2014 to 2016 for the sale and development of properties (“the Sale and Development Scheme”) owned by the land council.
The Commission is also investigating whether any Awabakal LALC Board director acted dishonestly and/or in breach of their duty as a Board member in purporting to retain, or retaining, Knightsbridge North Lawyers or anyone else to act for the land council in respect of the Sale and Development Scheme.
Further, the ICAC is investigating whether any Awabakal LALC Board director: acted dishonestly and/or in breach of their duty as a Board member by participating in, or aiding or assisting any person in relation to, the Sale and Development Scheme including dealings with Sunshine Property Investment Group Pty Ltd, Sunshine Warners Pty Ltd, Solstice Property Corporation Pty Ltd and Advantage Property Experts Syndications Pty Ltd and/or Advantage Property Syndications Ltd; and whether they received any financial or other benefits as a reward or payment for their involvement in, or for their assistance or services rendered in relation to, the Sale and Development Scheme or any connected matter.
The Commission is also examining whether any person or persons encouraged or induced any Awabakal LALC Board director to dishonestly or partially exercise any of their official functions in respect of the Sale and Development Scheme and any other land council property, or otherwise engaged in conduct connected with corrupt conduct within the meaning of the Independent Commission Against Corruption Act 1988.
The public inquiry will start at 10:00 am and will be held in the Commission's hearing room on Level 7, 255 Elizabeth Street, Sydney. Chief Commissioner the Hon Peter Hall QC will preside at the public inquiry, and Counsel Assisting the Commission will be Dr Nicholas Chen SC and Ms Juliet Curtin.
The inquiry is set down for approximately three weeks. A witness list for at least the first week of the proceedings will be published on the ICAC website prior to the commencement of the public inquiry.”
Transcripts of Operation Skyline public hearings can be found here.
Note: PURSUANT TO SECTION 112
OF THE ICAC ACT, A SUPPRESSION ORDER IS MADE PROTECTING AGAINST ANY
DISSEMINATION OF ANY PRIVATE EMAIL ADDRESSES, PRIVATE ADDRESSES OR PHONE
NUMBERS CONTAINED IN EACH OF THE EXHIBITS TO BE UPLOADED ONTO AND PUBLISHED ON
THE COMMISSION’S WEBSITE. I MAKE THAT ORDER SUBJECT TO ANY FURTHER ORDER OF THE
COMMISSION.
WEEK 1 WITNESS LIST
Tuesday 27 March
Terrence Henry Lawler - government appointed Administrator of the Awabakal Local Aboriginal Land Council.
Terrence Henry Lawler - government appointed Administrator of the Awabakal Local Aboriginal Land Council.
Wednesday 28 March
Terrence Henry Lawler - government appointed Administrator of the Awabakal Local Aboriginal Land Council.
Omar Bin Abdullah - building design consultant & sole director/shareholder Alamco Pty Ltd (currently under external administration)
Steven Mark Slee - former CEO Awabakal Local Aboriginal Land Council, former director
Awabakal Cooperative and Yarnteen College
Cyril Philemon Gabey - one of three directors at The Indigenous Business Union Pty Ltd (IBU) (deregistered 15/01/2017)
Thursday 29 MarchTerrence Henry Lawler - government appointed Administrator of the Awabakal Local Aboriginal Land Council.
Omar Bin Abdullah - building design consultant & sole director/shareholder Alamco Pty Ltd (currently under external administration)
Steven Mark Slee - former CEO Awabakal Local Aboriginal Land Council, former director
Awabakal Cooperative and Yarnteen College
Cyril Philemon Gabey - one of three directors at The Indigenous Business Union Pty Ltd (IBU) (deregistered 15/01/2017)
John Terry Hancock - former board member Awabakal Local Aboriginal Land Council Eleanor Swan - former board member Awabakal Local Aboriginal Land Council
WEEK 2 WITNESS LIST
Tuesday 3 April
Eleanor W Swan - former board member Awabakal Local Aboriginal Land Council
Deborah June Swan - former board member Awabakal Local Aboriginal Land Council
Larry Warren Slee - former board member Awabakal Local Aboriginal Land Council, father of Steven Mark SleeWednesday 4 April
Matthew Fisk - employee of Tony Zong first at Sunshine Property Investment Group and later at Luxeland Group
Tony Zong (Shuxin Zong) - sole director and shareholder of Sunshine Property Investment Group Pty Limited, a commercial fitout & building company
Diane "Dan Dan" Ren - property developer, co-director and co-shareholder of Luxeland Group Pty Ltd with Tony Zong *not questioned on the day*
Thursday 5 April
Tony Zong (Shuxin Zong) - sole director and shareholder of Sunshine Property Investment Group Pty Limited, a commercial fitout & building company
Nicole Steadman - former interim chair of Awabakal Local Aboriginal Land Council *not questioned on the day*
Friday 6 April
Tony Zong (Shuxin Zong) - sole director and shareholder of Sunshine Property Investment Group Pty Limited, a commercial fitout & building company
Larry Warren Slee - former board member Awabakal Local Aboriginal Land Council, father of Steven Mark Slee
Ronald Wayne Jordan - former board member Awabakal Local Aboriginal Land Council, employed by family business
Candy Towers - member Awabakal community, former employee Awabakal Local Aboriginal Land Council *not questioned on the day*
WEEK 3 WITNESS LIST
Monday 9 April
Larry Warren Slee - former board member Awabakal Local Aboriginal Land Council, father of Steven Mark Slee
Leonard James Quinlan - former board member Awabakal Local Aboriginal Land Council
Dr. Raymond Kelly - former board member Awabakal Local Aboriginal Land Council
Tuesday 10 April
Dr. Raymond Kelly - former board member Awabakal Local Aboriginal Land Council
Ronald Wayne Jordan - former board member Awabakal Local Aboriginal Land Council, employed by family business
WEEK 3 WITNESS LIST
Monday 9 April
Larry Warren Slee - former board member Awabakal Local Aboriginal Land Council, father of Steven Mark Slee
Leonard James Quinlan
Dr. Raymond Kelly - former board member Awabakal Local Aboriginal Land Council
Tuesday 10 April
Dr. Raymond Kelly - former board member Awabakal Local Aboriginal Land Council
Ronald Wayne Jordan - former board member Awabakal Local Aboriginal Land Council, employed by family business
Ian Sheriff - solicitor *not questioned on the day*
Wednesday 11 April
Keith Kang Rhee - co-director and one of two shareholders in of Keeju Pty Ltd a family sushi business
Sammy Sayed aka Sam Say - said to be in real estate/properties
Thursday 12 April
Sammy Sayed aka Sam Say - said to be in real estate/properties
Ian Sheriff - solicitor
Diane "Dan Dan" Ren - property developer, co-director and co-shareholder of Luxeland Group Pty Ltd with Tony Zong
Friday 13 April
Nicole Steadman - former interim chair of Awabakal Local Aboriginal
Land Council
Candy Towers - member Awabakal community, former employee Awabakal
Local Aboriginal Land Council
The
Sydney Morning Herald report
on Day One of the hearings, 27 March 2018:
Disgraced former
assistant tax commissioner Nick Petroulias has resurfaced at the centre of a
corruption probe into a series of deals to sell off up to $30 million worth of
Aboriginal land in the NSW Hunter region.
Mr Petroulias was one of
the country's most senior public servants before his high-profile jailing in
2008 for corrupt conduct and unauthorised publication of Commonwealth documents.
The first day of public
inquiry by the Independent Commission against Corruption (ICAC) has heard that
Mr Petroulias played a "central role" in three deals - and one
attempted deal - to sell off land belonging to the Awabakal Local Aboriginal Land
Council.
In one of the more
extraordinary allegations, Mr Petroulias was accused of signing a 2014 deal on
behalf of a company director who was already dead at the time he was appointed.
The deals took place
between 2014 and 2016, with the most lucrative worth $30 million, the inquiry
heard.
In his opening address,
counsel assisting Nicholas Chen SC alleged that Mr Petroulias used a "two
dollar company" he controlled - known as Gows Heat - to obtain purchase
rights over several parcels of Awabakal land.
"Mr Petroulias at
that time had recently been made a bankrupt," Mr Chen told the inquiry.
"Neither Gows Heat nor Mr Petroulias paid any money to the land council to
secure this 'right'."
It was alleged Mr
Petroulias on-sold the purchase rights to a new buyer and then attempted to
on-sell the rights again to another buyer, while both remained unaware of the
other's existence.
"Gows Heat and Mr
Petroulias secured a significant windfall: he sold this "right",
around six months later, and received around $1.1 million as a result," Mr
Chen said.
Whether Awabakal's board
was aware of these deals - and how the deals could go ahead without disclosure
to the board - will be investigated by the inquiry.
The inquiry will also
examine the actions of two former Awabakal board members involved in the
transactions - Richard Green and Debbie Dates - and a lawyer who executed the
deals on the land council's behalf.
That solicitor, Despina
Bakis, was the sole director of Sydney firm Knightsbridge North Lawyers. Mr
Chen noted that she had been in what could be described as an "on-again,
off-again" relationship with Mr Petroulias for about 20 years.
Mr Chen noted that
neither Ms Bakis or Mr Petroulias were Indigenous and Ms Bakis had "no
relevant experience" in undertaking the kind of work she was tasked to do
by the land council.
The inquiry heard Mr
Petroulias has adopted a string of aliases, including Nick or Nicholas Piers;
Nick or Nicholas Pearson and Nick or Nicholas Petersen.
A number of corporate
entities with links to Mr Petroulias had been created using the identities of
people that knew nothing of their involvement, Mr Chen alleged.
Mr Lawler has
reported the matters to police....
Mr Chen described Ms Bakis’ appointment as “more than a little curious”, given that the land council had been making use of a “highly experienced” commercial and property lawyer.
The
Newcastle Herald
reporting on Day One, 28 March 2018:
The land council's
administrator, Terry Lawler, took to the witness box on Tuesday afternoon,
testifying that he found no copies of any agreements to sell Awabakal land when
he was installed by the state government in 2016.
Mr Petroulias,
representing himself, grilled Mr Lawler over what he told Awabakal members
before they voted on one of the land deals.
"Did you mention
that I was a criminal to the membership of the meeting?," he asked.
Mr Lawler responded that
a solicitor acting for him may have, but added “fact’s facts”.
When he put the issue to
a vote, there was a "sea of hands" against the proposal, Mr
Lawler said.
“One of the members
actually said: ‘are you a comedian?’,” he recalled.
Mr Lawler told the
inquiry that when he was first made aware of the deal, involving a company
called Advantage Property Experts Syndications, he “didn’t have any
information” about whether it was a good or bad deal.
However he was stunned
at proposals relating to the post office.
“The thing that did
really strike me, and I remember thinking ‘this bloke’s delusional’, is that he
said to me ‘part and parcel of this is we're going to do up the post
office and hand it back to the NSW state government so as they’ll provide us
with a strategic state development approval for the development of Hillsborough
Road,” Mr Lawler told the inquiry.
“I found that an
interesting statement, because that's just not the way things work.”
Mr Lawler also noticed a
number of typos within the agreement.
“To be frank some of the
agreements I found extremely difficult to read, understand, there
were differing parties … one party on the cover sheet another party in the
agreement, there were references to agreements even then that I hadn’t seen,”
he said.
Mr Lawler claimed he has
since been the target of abusive, defamatory and inaccurate letters
and a “slanderous” social media campaign.
He alleged a businessman
associated with Advantage and two other people stood outside a recent Awabakal
meeting, handing out flyers making similar allegations.
“My local residential
area was letter-boxed with those flyers that same evening and it’s clear from
the Facebook post from Advantage that I’m being stalked,” he said.
“There are quite a lot
of photos that are nothing other than me just going about my business.”
Mr Chen described Ms Bakis’ appointment as “more than a little curious”, given that the land council had been making use of a “highly experienced” commercial and property lawyer.
He further alleged that
Ms Bakis was appointed by Mr Green without the board’s authority until a motion
to ratify her appointment more than a year later.
It’s understood that Ms
Bakis will argue that she was always given to understand her appointment was
authorised.
Mr Lawler told the
hearing that when he was installed he did not find any records relating to
Ms Bakis’ appointment and when he asked for them, it triggered a “flow” of
abusive material.
“Abuse, complaints,
accusations and being told that she’s not my secretary and that I’m a thief, it
just goes on,” he said.
“I have never
experienced – let alone from a professional person – I’ve never
experienced the style in which Ms Bakis writes … clearly [she was] an
angry little ant.”
The
Newcastle Herald reporting
on Day Two, 28 March 2018:
A corruption
inquiry has been told board minutes of the Awabakal land council appear to have
been falsified to show it voted in favour of selling land to a company tied to
disgraced former assistant tax commissioner Nick Petroulias.
It came as a Sydney
developer told the Independent Commission against Corruption (ICAC) he did not
understand how a reference to the same company – Gows Heat Pty Ltd – ended up
in documentation he prepared on the development of the land….
Mr Petroulias was a
“common feature” in all of the deals and Gows Heat a shelf company he
controlled, it has been alleged.
In the witness box on
Wednesday was Omar Abdullah, a building designer and new home specialist based
in Sydney.
He made an overture to
the land council in late 2014, after he was informed by a business contact it
had property ripe for development.
Mr Abdullah told the
inquiry he was given an opportunity to meet with Awabakal’s board and present
it with discussion material on potential developments.
He felt the presentation
was met with a “positive reaction”, but Mr Abdullah did not pursue
a deal when he got “nothing formal back” from the board.
The inquiry previously
heard a “critical matter” will be an allegation from Mr Petroulias that the
presentation was made jointly with Gows Heat.
When asked if he had
ever heard of Gows, Mr Abdullah replied “absolutely not”.
Mr Abdullah was then
shown a document that appeared to be identical to the one he circulated during
the presentation, but included a reference to Gows Heat.
“I’ve never seen this
document,” he said.
The land council’s chief
executive at the time, Steven Slee, was questioned over his recollection
events.
Mr Slee told the inquiry
the board resolved to contact Mr Abdullah to pursue the land proposal, a
resolution reflected in typed and signed minutes and a “running list” of
resolutions kept at the land council’s offices.
Council assisting
Nicholas Chen SC tendered those documents as evidence, before presenting Mr
Slee with an additional book containing handwritten minutes.
Mr Slee agreed it
appeared someone had written extra words around the resolution.
He was unable to
decipher what they said, but observed they started with the letters
“Go”.
Mr Slee was then shown a
different resolution that appeared to have been stapled into the minute book,
recording a decision to push ahead with the sale of the land to Gows
Heat.
“Mr Slee, whilst you
were CEO was it the practice of the board to staple resolutions into minute
books?” Mr Chen asked.
“No,” Mr Slee responded,
agreeing it appeared someone had tampered with the minutes. He was unable to
pinpoint who it might be.
The
Newcastle Herald reporting on Day Five, 5 April 2018:
As an experienced
property developer and qualified valuer based in Sydney, Matthew Fisk knew his
way around a land deal.
But as he bargained with
the Awabakal Local Aboriginal Land Council over land it owned at Warners Bay,
there were aspects of the negotiations that struck him as strange.
One of the more
“unusual” elements, Mr Fisk told an Independent Commission against Corruption
inquiry, was the role of disgraced former assistant tax commissioner Nick
Petroulias and an instance where Mr Petroulias allegedly “scribbled out” a
figure in a contract….
Mr Zong later took
– and dropped – legal action against the land council, claiming he
was not informed the deal did not have proper authorisation.
Mr Zong’s involvement
began in 2015, when he attended a meeting at Warners Bay McDonalds over a
potential land deal.
Mr Fisk told the inquiry
he accompanied Mr Zong to the meeting, also attended by Mr Green and Mr
Petroulias.
The parties
were allegedly brought together by a former inmate who served time
with Mr Petroulias at Silverwater jail – Sammy Say – who was
acquainted with a contact of Mr Zong.
Mr Fisk recalled one of
the third parties introducing Mr Petroulias as a lawyer acting for the
land council.
So he was
surprised – at the end of a tour – when he was informed that Mr
Petroulias had a “larger interest”.
“I believe it was Sammy
Say that had used words to the effect that Nick has already put the deal
together,” Mr Fisk recalled. “Then Nick proceeded with he already has an
option to acquire these five parcels of land and it would be, in fact, us
… acquiring Nick’s option moving forward.”
An option is where a
potential buyer pays a vendor for the right to purchase their property at
a fixed price at a later time. The vendor can not sell the property to a third
party in that period.
Council assisting
Nicholas Chen asked Mr Fisk if he thought it unusual that the land council’s
lawyer would have an option over its land.
“I thought it was quite
unusual, particularly that when I asked what the purchase price was I was told
that it was to be subject to valuation,” Mr Fisk said.
According to Mr Fisk,
another odd twist came as a contract was being signed with the amount
to be paid out to Gows Heat.
“After Mr Zong had
signed the document Mr Petroulias then lent over, scribbled out $250,000, wrote
$673,000 and then initialled it,” Mr Fisk said.
“Tony [Zong] said, look,
he said to Nick, ‘what are you doing?’ I don’t recall the response that was
given but I found it very unusual.”
Other media reports on Operation Skyline hearings:
North Coast Voices’ readers might recall that Nick Petroulias (using the name Nicholas Peterson) and Richard Green gave sworn evidence before the NSW Legislative Council General Purpose
Standing Committee No. 6 INQUIRY
INTO CROWN LAND, as
part of United Land Councils' lobbying for the potentially environmentally destructive Yamba Mega
Port proposal.
Before Operation Skyline’s public hearing began,
one of those named in the inquiry began short-lived and unsuccessful proceedings in Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption.
The matter of
the proposed Awabakal land sales was also before the NSW Supreme Court in 2017….
The
Newcastle Herald,
21 October 2017:
The matter is the
subject of a Supreme Court legal battle that veteran lawyers have described as
one of the most extraordinary cases they have seen in their careers.
Labelled by a lawyer
familiar with the case as a real-life version of “Alice in Wonderland”, its
cast of characters includes an international fugitive known as Robbie Rocket, a
convicted drug dealer and a dead company director who somehow continued signing
agreements a year after he was cremated in a Sydney cemetery.
The existence of an
international money laundering syndicate and a karaoke junket intended as a
bribery attempt are among the other sensational allegations contained within
thousands of pages of evidence that have been tendered to the court.
Last year in an unrelated matter Mr. Petroulias was the defendant in Director
of Public Prosecutions (Cth) v Petroulias [2017] NSWSC 1290 (28 September 2017), excerpts:
When this matter came on
for hearing before me there was no appearance on behalf of the defendant. The
defendant now goes by the name Michael Felson. For abundant caution both of his
names were called outside court three times….
During the hearing I was
informed that the defendant is an undischarged bankrupt. He was declared
bankrupt by a sequestration order made by the Federal Circuit Court on 23
October 2014. His statement of affairs was filed on 10 March 2015. He will thus
be eligible to be discharged from bankruptcy on 10 March 2018.
Thursday 9 November 2017
ICAC investigating water theft and allegations of NSW government corruption involving party donors
Eventually full details of this investigation will become public, as it cannot seriously be thought to be in the public interest for the NSW Independent Commission Against Corruption (ICAC) not to publish findings.
The Australian, 27 October 2017:
ICAC has begun a preliminary investigation into whether NSW public officials favoured Nationals donor and irrigator Peter Harris by not prosecuting him over alleged water theft.
The Independent Commission Against Corruption is also investigating whether public officials made decisions in favour of western NSW irrigator and lobbyist Ian Cole by changing water sharing arrangements to benefit him.
A day after The Australian revealed that the corruption watchdog was investigating a case where Multicultural Affairs Minister Ray Williams wrote to Primary Industries Minister Niall Blair asking for prosecutorial action against constituent Garry Bugeja to be dropped, it has emerged that the NSW government is facing a series of inquiries over its water policies.
The Berejiklian government is facing the real spectre of a public ICAC inquiry potentially involving the two ministers and at least one former primary industries minister, Katrina Hodgkinson, just months out from the 2019 state election.
ICAC is investigating whether former deputy director-general of the Department of Primary Industry Gavin Hanlon disclosed confidential information to Barwon-Darling irrigators, allegations that have been the subject of a government inquiry and led to Mr Hanlon’s resignation.
The commission is also understood to be looking at whether any public official failed to properly investigate or prosecute Mr Harris, a cotton farmer from Moree, in northern NSW. ICAC is also understood to be investigating why the department’s strategic investigations unit was disbanded, leading to the abandonment of several water compliance operations.
There is also an investigation into whether any public official acted inappropriately in making changes to the Barwon-Darling Water Sharing Plan to benefit irrigator Mr Cole.
Another line of investigation is understood to be whether any person improperly gave access to departmental files and confidential material for the benefit of Mr Harris. Investigations into Mr Cole are understood to also involve whether pumps were attached to a property and were authorised by the department in breach of water laws…..
It was revealed earlier this year that Mr Blair sought law changes which may have benefited Mr Harris by retrospectively approving water-trading rights granted to him that appeared to not comply with the law. But Environment Minister Gabrielle Upton blocked the changes.
Mr Blair also legislated to allow past illegal works to be retrospectively approved — another piece of law which may have helped Mr Harris….
Mr Bugeja was not prosecuted for an alleged illegal dam in Sydney after Mr Williams wrote to Mr Blair
Wednesday 31 August 2016
NSW Independent Commission Against Corruption 'Operation Spicer': you saw the telemovie now read the book
Operation Spicer hearings were a feature of nightly news reports and journalists' live tweeting during this period.
Given the number of legal challenges mounted against ICAC since those hearings ended the final inquiry report has only now been released to the general public.
Operation Spicer
investigation has exposed prohibited donations, fund channelling and
non-disclosures in the NSW Liberal Party’s 2011 state election campaign.
The Commission’s report, Investigation into NSW Liberal Party electoral funding for the 2011 state election campaign and other matters, was made public today. The ICAC’s findings include that Raymond Carter, Andrew Cornwell, Garry Edwards, the Hon Michael Gallacher MLC, Nabil Gazal Jnr, Nicholas Gazal, Hilton Grugeon, Christopher Hartcher, Timothy Koelma, Jeffrey McCloy, Timothy Owen, Christopher Spence, Hugh Thomson and Darren Williams acted with the intention of evading laws under the Election Funding, Expenditure and Disclosures Act 1981 (the election funding laws) relating to the disclosure of political donations and the ban on donations from property developers.
Messrs Grugeon, Hartcher, Koelma, McCloy, Owen, Thomson and Williams were also found to have acted with the intention of evading the election funding laws relating to caps on political donations. The Commission also found that Craig Baumann, Nicholas Di Girolamo, Troy Palmer and Darren Webber acted with the intention of evading the election funding laws relating to the disclosure of political donations and that Bart Bassett knowingly solicited a political donation from a property developer.
The ICAC found that during November and December 2010 the Free Enterprise Foundation was used to channel donations to the NSW Liberal Party for its 2011 state election campaign so that the identity of the true donors was disguised. A substantial portion of the $693,000 provided by the foundation and used by the NSW Liberal Party in the campaign originated from donors who were property developers and, therefore, prohibited donors under the election funding laws.
Undisclosed political donations were also channelled through a business, Eightbyfive, to benefit Liberal Party 2011 state election campaigns on the Central Coast. These donations included donations from property developers and donations in excess of the applicable caps on donations.
The ICAC also found that there were payments made by property developers, who were prohibited donors, to help fund NSW Liberal Party candidates’ campaigns in the Hunter. The true nature of these payments was disguised, for example, as consultancy services or funnelled through another company with the intention of evading the election funding laws.
The above are findings of fact, not findings of corrupt conduct. As explained in the Foreword to the report, the ICAC cannot make corrupt conduct findings in cases of failure to comply with the requirements of the election funding laws where, although those failures could have affected the exercise of official functions of the then Election Funding Authority of NSW, officers of that authority were not involved in any wrongdoing.
The ICAC makes a finding of serious corrupt conduct against Joseph Tripodi for, sometime prior to 16 February 2011, misusing his position as a member of Parliament to improperly provide an advantage to Buildev by providing to Darren Williams of that company a copy of the confidential 4 February 2011 NSW Treasury report, Review of Proposed Uses of Mayfield and Intertrade Lands at Newcastle Port.
The Commission’s report notes that at the relevant time proceedings for an offence under the election funding laws had to be commenced within three years from the time the offence was committed. As the Operation Spicer public inquiry did not conclude until September 2014, and the matters canvassed in the report occurred mostly from 2009 to 2011, a prosecution for relevant offences is now statute barred.
The Commission’s report, Investigation into NSW Liberal Party electoral funding for the 2011 state election campaign and other matters, was made public today. The ICAC’s findings include that Raymond Carter, Andrew Cornwell, Garry Edwards, the Hon Michael Gallacher MLC, Nabil Gazal Jnr, Nicholas Gazal, Hilton Grugeon, Christopher Hartcher, Timothy Koelma, Jeffrey McCloy, Timothy Owen, Christopher Spence, Hugh Thomson and Darren Williams acted with the intention of evading laws under the Election Funding, Expenditure and Disclosures Act 1981 (the election funding laws) relating to the disclosure of political donations and the ban on donations from property developers.
Messrs Grugeon, Hartcher, Koelma, McCloy, Owen, Thomson and Williams were also found to have acted with the intention of evading the election funding laws relating to caps on political donations. The Commission also found that Craig Baumann, Nicholas Di Girolamo, Troy Palmer and Darren Webber acted with the intention of evading the election funding laws relating to the disclosure of political donations and that Bart Bassett knowingly solicited a political donation from a property developer.
The ICAC found that during November and December 2010 the Free Enterprise Foundation was used to channel donations to the NSW Liberal Party for its 2011 state election campaign so that the identity of the true donors was disguised. A substantial portion of the $693,000 provided by the foundation and used by the NSW Liberal Party in the campaign originated from donors who were property developers and, therefore, prohibited donors under the election funding laws.
Undisclosed political donations were also channelled through a business, Eightbyfive, to benefit Liberal Party 2011 state election campaigns on the Central Coast. These donations included donations from property developers and donations in excess of the applicable caps on donations.
The ICAC also found that there were payments made by property developers, who were prohibited donors, to help fund NSW Liberal Party candidates’ campaigns in the Hunter. The true nature of these payments was disguised, for example, as consultancy services or funnelled through another company with the intention of evading the election funding laws.
The above are findings of fact, not findings of corrupt conduct. As explained in the Foreword to the report, the ICAC cannot make corrupt conduct findings in cases of failure to comply with the requirements of the election funding laws where, although those failures could have affected the exercise of official functions of the then Election Funding Authority of NSW, officers of that authority were not involved in any wrongdoing.
The ICAC makes a finding of serious corrupt conduct against Joseph Tripodi for, sometime prior to 16 February 2011, misusing his position as a member of Parliament to improperly provide an advantage to Buildev by providing to Darren Williams of that company a copy of the confidential 4 February 2011 NSW Treasury report, Review of Proposed Uses of Mayfield and Intertrade Lands at Newcastle Port.
The Commission’s report notes that at the relevant time proceedings for an offence under the election funding laws had to be commenced within three years from the time the offence was committed. As the Operation Spicer public inquiry did not conclude until September 2014, and the matters canvassed in the report occurred mostly from 2009 to 2011, a prosecution for relevant offences is now statute barred.
Here are excerpts from the final report, INVESTIGATION INTO NSW LIBERAL PARTY ELECTORAL FUNDING FOR THE 2011 STATE ELECTION CAMPAIGN AND OTHER MATTERS: ICAC REPORT AUGUST 2016:
Chapter 34 of this
report contains statements made pursuant to s 74A(2) of the ICAC Act that the
Commission is of the opinion that consideration should be given to obtaining
the advice of the Director of Public Prosecutions (DPP) with respect to the
prosecution of the following persons:
* Samantha Brookes for
two offences of giving false or misleading evidence under s 87 of the ICAC Act
• Andrew Cornwell for two offences of giving false or misleading evidence under
s 87 of the ICAC Act [Wife of former Liberal MP for
Charlestown Andrew Cornwell]
* Timothy Gunasinghe for
an offence of giving false or misleading evidence under s 87 of the ICAC Act [GM /Director at Commercialhq]
* Christopher Hartcher
for an offence of larceny [former Liberal MP
for Terrigal & NSW Minister for State, Minister for Resources and Energy,
Minister for Central Coast]
* Timothy Koelma for
three offences of giving false or misleading evidence under s 87 of the ICAC
Act [Proprietor, Eightbyfive]
* William Saddington for
an offence of giving false or misleading evidence under s 87 of the ICAC Act [Director, PW Saddington & Sons Pty Ltd]
* Joseph Tripodi for the
common law offence of misconduct in public office. [former Labor MP for Fairfield]
Note: My red annotations
Excerpt Two:
Set
out below are some of the principal factual findings made by the Commission.
*
Sometime shortly prior to 16 March 2011, Nathan Tinkler offered to make a
political donation to Jodi McKay’s election campaign. In making this
offer, Mr Tinkler was attempting to induce Ms McKay to accept a donation from a
person she knew to be a prohibited donor and which would be falsely disclosed
to the Election Funding Authority as coming from private individuals. Mr
Tinkler knew at the time he made the offer that he was a prohibited donor and
was not able to make a political donation and that Ms McKay was not able
to accept a political donation from him (chapter 11).
*
Each of Mr Williams, David Sharpe and Ann Wills of Buildev played an active
part in the “Stop Jodi’s Trucks” mailout campaign, which was designed to damage
Ms McKay’s prospects of re-election. Given its inherent political nature, the
expenditure on the leaflets amounted to “electoral communication expenditure”,
as defined by the Election Funding Act. This expenditure was incurred in the
period between 1 January 2011 and the end of the polling day for the 2011 NSW
state election and was therefore incurred within the “capped expenditure
period” as defined in s 95H of the Election Funding Act. As the electoral
communication expenditure exceeded $2,000 in a capped expenditure period,
Buildev was operating as a “third-party campaigner” as defined in s 4 of the
Election Funding Act. Buildev failed to register as a third-party campaigner as
required by s 96AA of the Election Funding Act and failed to disclose to
the Election Funding Authority its electoral communication expenditure as
required by s 88(1A)(a) of the Election Funding Act (chapter 11).
*
Mr Tripodi played a central role in the Stop Jodi’s Trucks campaign by
nominating the printer for the mailout pamphlets and involving himself in the
drafting and design process for the pamphlets (chapter 11).
*
During November and December 2010, the Free Enterprise Foundation was used to
channel donations to the NSW Liberal Party for its 2011 NSW state election
campaign so that the identity of the true donors was disguised. A substantial portion
of the $693,000 provided by the Free Enterprise Foundation and used by the NSW
Liberal Party in its 2011 state election campaign originated from donors who
were property developers and, therefore, prohibited under the Election Funding
Act from making political donations (chapter 15).
*
Each of Simon McInnes, Paul Nicolaou and Anthony Bandle knowingly used the Free
Enterprise Foundation to channel political donations, including political
donations from property developers, to the NSW Liberal Party to fund its
2011 state election campaign so that the identity of the true donors was
disguised from the Election Funding Authority (chapter 15).
*
Timothy Koelma used his business, Eightbyfive, to receive and channel political
donations for the benefit of Christopher Hartcher, Christopher Spence, Darren
Webber and the NSW Liberal Party for the 2011 Central Coast election campaign
with the intention of evading the election funding laws relating to disclosure
of political donations, the ban on donations from property developers, which
operated from 14 December 2009, and, in relation to payments made after 1
January 2011, the applicable cap on donations. The funds obtained and
channelled in this way were used for the purposes of the NSW Liberal Party 2011
election campaigns in the seats of Terrigal, The Entrance and Wyong. Mr Koelma
directly benefited from the donations through Eightbyfive, as he was able to
draw from those funds to give himself a salary, thereby, enabling him to work
for Mr Hartcher on the 2011 NSW state election campaign. Mr Koelma subsequently
obtained full-time employment in Mr Hartcher’s ministerial office after the 2011
election (chapter 17).
*
Mr Hartcher was involved in the establishment of Eightbyfive and took an active
part in using Eightbyfive to channel political donations from Australian Water
Holdings Pty Ltd, Gazcorp Pty Ltd and Patinack Farm Pty Ltd for the benefit
of the NSW Liberal Party, himself, Mr Spence and Mr Webber with the
intention of evading the election funding laws relating to disclosure of
political donations, the ban on donations from property developers (in the case
of Gazcorp) and, in relation to payments made after 1 January 2011, the
applicable cap on donations. Mr Hartcher benefited from this arrangement
because part of the funds channelled through Eightbyfive enabled Mr Koelma to
work for him on the 2011 NSW state election campaign at no cost to Mr Hartcher,
while other funds channelled through Eightbyfive ensured that
Mr Hartcher’s likeminded political colleagues were funded to campaign for
the Central Coast seats of Wyong and The Entrance (chapter 17).
*
Mr Hartcher was a party to an arrangement with Nicholas Di Girolamo and Mr
Koelma, whereby Mr Di Girolamo made regular payments through Australian Water
Holdings to Eightbyfive. Under this arrangement, between April 2009 and May
2011, Eightbyfive received $183,342.50 from Australian Water Holdings. These
payments were ostensibly for the provision of services by Eightbyfive to
Australian Water Holdings but were in fact political donations made to assist
Mr Hartcher by providing funds to Mr Koelma so that Mr Koelma could work for Mr
Hartcher in the lead up to the 2011 NSW state election. Mr Hartcher and the
others involved in this arrangement intended to evade the election funding laws
relating to the disclosure of political donations. The payments totalling
$36,668.50, made after 1 January 2011, exceeded the applicable cap on political
donations (chapter 18).
*
Mr Hartcher, Nabil Gazal Junior, Nicholas Gazal, Mr Koelma and Mr Spence (the
NSW Liberal Party candidate for the seat of The Entrance) were parties to an
arrangement whereby, between May 2010 and April 2011, Gazcorp made payments
totalling $121,000 to Eightbyfive. These payments were ostensibly for the
provision of services by Eightbyfive to Gazcorp but were in fact political
donations which were mainly used to help fund Mr Spence so that he could
work on the Central Coast election campaign and on his campaign for the seat of
The Entrance. Mr Hartcher, Nabil Gazal Jnr, Nicholas Gazal, Mr Koelma and Mr
Spence intended by this arrangement to evade the disclosure requirements of the
Election Funding Act and the ban on the making and accepting of political
donations from property developers. The payments totalling $33,000, made
after 1 January 2011, exceeded the applicable cap on political donations
(chapter 19).
*
Mr Hartcher, Mr Koelma, the Hon Michael Gallacher MLC, Troy Palmer and Mr
Williams were parties to an arrangement whereby, between July 2010 and March
2011, Patinack Farm made payments totalling $66,000 to Eightbyfive. These
payments were ostensibly for the provision of services by Eightbyfive to
Patinack Farm but were in fact political donations to help fund the NSW Liberal
Party 2011 Central Coast election campaign. The parties to this
arrangement intended to evade the disclosure requirements of the Election
Funding Act. The payments made after 1 January 2011, totalling $33,000,
exceeded the applicable caps on political donations. Although the payments to
Eightbyfive were made by Patinack Farm, the arrangement was organised through
Buildev, a property developer (chapter 20).
*
Mr Koelma and Mr Webber (the NSW Liberal Party candidate for the seat of Wyong)
were parties to an arrangement whereby, between 2010 and 2011, Mr Koelma’s
business, Eightbyfive, made payments totalling at least $34,650, and up to
$49,500, to Mr Webber. These payments were ostensibly for the provision of
services by Mr Webber to Eightbyfive but were in fact political donations to
help fund Mr Webber’s 2011 election campaign for the seat of Wyong. The
parties to this arrangement intended to evade the disclosure requirements of
the Election Funding Act. The payments made after 1 January 2011 exceeded the
applicable caps on political donations (chapter 20).
*
Raymond Carter used the Free Enterprise Foundation to channel political
donations to the NSW Liberal Party for its 2011 NSW state election campaign so
that the identity of the true donor was disguised from the Election Funding
Authority. A portion of this money was from property developers (chapter 21).
*
Mr Carter and Mr Koelma entered into an arrangement to use Mr Koelma’s
business, Eightbyfive, to channel political donations to the NSW Liberal Party
for the 2011 Central Coast election campaign with the intention of evading the
Election Funding Act laws relating to disclosure to the Election Funding
Authority of political donations and the ban on accepting political donations
from property developers. The political donations obtained by Mr Carter
under this scheme included $5,000 from each of LA Commercial Pty Ltd, Yeramba
Estates Pty Ltd and Brentwood Village Pty Ltd, and $2,200 from Crown Consortium
Pty Ltd (chapter 21).
*
In March 2011, Mr Carter used a business, Mickey Tech, with the intention of
evading the Election Funding Act laws relating to disclosure of political
donations by disguising from the Election Funding Authority political donations
of $2,000 from INE Pty Ltd and $2,000 from Maggiotto Building Pty Ltd. In each
case, the money was sought and received by Mr Carter as a political donation
for the 2011 NSW state election campaign. Although at the time Mr Carter
received the money he intended to apply all the money for the purposes of the
election campaign, he eventually only applied $2,400 for this purpose, the
balance being applied to private use (chapter 21).
*
In March 2011, Mr Hartcher received three bank cheques payable to the NSW
Liberal Party totalling $4,000. They were received by Mr Hartcher for the
benefit of the NSW Liberal Party for the March 2011 state election campaign. In
November 2011, some eight months after the election, Mr Hartcher arranged for
the cheques to be paid into the trust account of Hartcher Reid, a legal firm,
and for that firm to draw a cheque for $4,000 in favour of Mickey Tech, a
business owned by Mr Carter’s partner. After the $4,000 was deposited into that
account, it was withdrawn in cash by Mr Carter and given to Mr Hartcher.
These steps are inconsistent with an intention on the part of Mr Hartcher to
apply the $4,000 for the benefit of the NSW Liberal Party (chapter 23).
*
In about November 2010, Mr Gallacher sought a political donation from Mr Sharpe
of Buildev by inviting him to attend a New Year’s Eve political fundraising
function for which Mr Sharpe or Buildev would make a payment. Mr Gallacher knew
that they were property developers, and he sought the political donation with
the intention of evading the election funding laws relating to the ban on
property developers making political donations (chapter 25).
*
In late 2010, Mr Gallacher, Mr Hartcher and Mr Williams of Buildev were involved
in an arrangement whereby two political donations totalling $53,000 were
provided to the NSW Liberal Party for use in its 2011 election campaigns for
the seats of Newcastle and Londonderry. To facilitate this arrangement, on 13
December 2010, Mr Palmer, a director of Boardwalk Resources Limited, a company
of which Mr Tinkler was the major shareholder, drew two cheques totalling
$53,000 payable to the Free Enterprise Foundation. These were provided to Mr
Hartcher who arranged for them to be sent to Mr Nicolaou. Mr Nicolaou sent the
cheques to the Free Enterprise Foundation. The Free Enterprise Foundation
subsequently sent money to the NSW Liberal Party, which included the $53,000.
Of the $53,000, some $35,000 was used to help fund Timothy Owen’s 2011 election
campaign in the seat of Newcastle and $18,000 was used towards the purchase of
a key seats package for Bart Bassett’s 2011 election campaign in the seat of
Londonderry. Although the cheques for the donations were drawn on the account
of Boardwalk Resources, they were made for Buildev, a property developer. Each
of Mr Gallacher, Mr Hartcher and Mr Williams entered into this arrangement with
the intention of evading the Election Funding Act laws relating to the accurate
disclosure to the Election Funding Authority of political donations (chapter
26).
*
In about February 2011, Jeffrey McCloy gave HughThomson $10,000 in cash as a
political donation to fund Mr Owen’s 2011 election campaign for the seat of
Newcastle with the intention of evading the Election Funding Act laws relating
to the ban on the making of political donations by property developers and the applicable
cap on political donations. By not reporting the donation, he intended to evade
the disclosure requirements of the Election Funding Act. In accepting the
political donation, Mr Thompson intended to evade the Election Funding Act laws
relating to the ban on accepting political donations from property developers
and the applicable cap on political donations. By not ensuring the donation was
disclosed, he intended to evade the disclosure requirements of the Election
Funding Act (chapter 27).
*
In early 2011, Mr McCloy gave Mr Owen $10,000 in cash as a political donation
to fund Mr Owen’s 2011 election campaign. In making the payment, Mr McCloy
intended to evade the Election Funding Act laws relating to the ban on the
making of political donations by property developers and the applicable cap on
political donations. By not reporting the donation, he intended to evade the
disclosure requirements of the Election Funding Act. In accepting the political
donation, Mr Owen intended to evade the Election Funding Act laws relating to
the ban on accepting political donations from property developers and the
applicable cap on political donations. By not ensuring the donation was
disclosed, he intended to evade the disclosure requirements of the Election
Funding Act (chapter 27).
*
In early 2011, Hilton Grugeon gave Mr Thomson $10,000 in cash as a political
donation to fund Mr Owen’s 2011 election campaign. In making the payment, Mr
Grugeon intended to evade the Election Funding Act laws relating to the ban on
the making of political donations by property developers and the applicable cap
on political donations. By not reporting the donation, he intended to evade the
disclosure requirements of the Election Funding Act. In accepting the political
donation, Mr Thompson intended to evade the Election Funding Act laws relating
to the ban on accepting political donations from property developers and the
applicable cap on political donations. By not ensuring the donation was
disclosed, he intended to evade the disclosure requirements of the
Election Funding Act (chapter 27).
*
Services provided by Mezzanine Media Australia Pty Ltd for Mr Owen’s 2011
election campaign were paid for, in part, by a political donation of $5,000
made by Keith Stronach, a property developer. The payment evaded the
Election Funding Act laws relating to the ban on the making of political
donations by property developers. The political donation was not disclosed as
required by the Election Funding Act. Mr Owen and Mr Thomson were aware that Mr
Stronach was a property developer and were aware that Mr Stronach paid money
towards Mr Owen’s election campaign (chapter 27).
*
Services provided by Mezzanine Media Australia for Mr Owen’s 2011 election
campaign were paid for, in part, by a political donation of $14,190 organised
by Mr Williams on behalf of Buildev, a property developer. In organising the
payment, Mr Williams intended to evade the Election Funding Act laws
relating to the ban on the making of political donations by property developers
and the applicable cap on political donations. By not reporting the donation he
intended to evade the disclosure requirements of the Election Funding Act. Mr
Owen and Mr Thomson were aware that Buildev was a property developer and
that it had paid money towards Mr Owen’s election campaign (chapter 27).
*
Mr Gallacher was responsible for proposing to Mr McCloy and Mr Grugeon an
arrangement whereby each of them would contribute to the payment of Luke Grant
for his work on Mr Owen’s 2011 election campaign. He did so with the
intention that the Election Funding Act laws in relation to the prohibition on
political donations from property developers and the requirements for the
disclosure of political donations to the Election Funding Authority would be
evaded (chapter 27).
*
Mr Owen, Mr Thompson, Mr Grugeon and Mr McCloy were parties to an arrangement
whereby payments totalling $19,875 made to Mr Grant for his work on Mr
Owen’s 2011 election campaign were falsely attributed to services allegedly
provided to companies operated by Mr McCloy and Mr Grugeon. Those involved
in this arrangement intended to evade the Election Funding Act laws in relation
to the prohibition on political donations from property developers and the
requirements for the disclosure of political donations to the Election Funding
Authority. The payments were also in excess of the caps imposed on
individual donors (chapter 27).
*
Services provided by Joshua Hodges for Mr Owen’s 2011 election campaign
were paid for, in part, by a political donation of $3,998.50 made by William
Saddington of PW Saddington & Sons Pty Ltd. The payment was disguised as
being for consultancy services provided to that company. The payment had the
effect of evading the disclosure requirements of the Election Funding Act. Mr Owen
and Mr Thomson were aware that Mr Saddington was contributing to Mr Owen’s
election campaign expenses by paying Mr Hodges. They did not ensure that the
donation was disclosed as required by the Election Funding Act (chapter 27).
*
Services provided by Australian Decal Sales and Manufacturing Co Pty Ltd for
Mr Owen’s 2011 election campaign were paid for in August 2011 by a
political donation of $3,198.80 organised by Mr Williams on behalf of Buildev,
a property developer. By organising the payment, Mr Williams intended to
evade the Election Funding Act laws relating to the ban on the making of
political donations by property developers and the disclosure requirements of
the Election Funding Act. Mr Owen and Mr Thomson were aware this political
donation had been made by a property developer and participated in this
arrangement with the intention of evading the Election Funding Act laws
relating to the ban on accepting political donations from property developers.
They did not ensure the donation was disclosed as required by the Election
Funding Act (chapter 27).
*
During the 2011 NSW state election campaign, a third-party campaign known as
“FedUp” was conducted by Rolly De With, Neil Slater and Paul Murphy using the
name of a local business association, the Newcastle Alliance. The purpose of
the campaign was to assist in defeating the sitting member for the seat of
Newcastle, Ms McKay, in the 2011 NSW state election. In March 2011, a
payment of $50,000 was arranged by Mr Williams of Buildev and authorised by Mr
Tinkler to fund the campaign. The payment was ostensibly made by Serene Lodge
Racing Pty Ltd but was in fact money from Mr Tinkler and was made for Buildev,
a property developer. The $50,000 payment was a political donation and was in
excess of the $2,000 cap on political donations made for the benefit of a
third-party campaigner. The political donation was not disclosed to the
Election Funding Authority by Buildev, Serene Lodge Racing or Mr Tinkler
(chapter 28).
*
On 6 October 2010, Mr McCloy paid $10,000 in cash to Andrew Cornwell, the NSW
Liberal Party candidate for the seat of Charlestown, as a political donation
for Andrew Cornwell’s 2011 election campaign. By making the donation, Mr McCloy
intended to evade the Election Funding Act laws relating to the ban on property
developers making political donations and the requirement for the disclosure of
political donations. By accepting the donation Andrew Cornwell intended to
evade the Election Funding Act requirement relating to the ban on property developers
making political donations and the requirement for the accurate disclosure of
political donations (chapter 29).
*
Andrew Cornwell, his wife, Samantha Brookes, and Mr Grugeon were parties to an
arrangement involving the pretence that a payment of $10,120 made in early 2011
by Mr Grugeon, a property developer, was for a painting. The $10,120 was in
fact a political donation made by Mr Grugeon to fund Andrew Cornwell’s
2011 NSW state election campaign. In participating in this arrangement, Mr Grugeon
intended to evade the Election Funding Act laws relating to the ban on the
making of donations by property developers and the requirement for disclosure
of political donations. In participating in this arrangement, Andrew Cornwell
intended to evade the Election Funding Act laws relating to the ban on
accepting political donations from property developers, and the requirement for
accurate disclosure of political donations received. The payment exceeded the
applicable cap on political donations (chapter 29).
*
During the 2011 NSW state election campaign, Garry Edwards, the NSW Liberal
Party candidate for the seat of Swansea, received a political donation by way
of a cash payment of about $1,500 from Mr McCloy, a property developer. Mr
Edwards accepted the donation with the intention of evading the election
funding laws relating to the ban on accepting political donations from property
developers and the requirements for disclosure of political donations. Mr
McCloy knew he was making a political donation and that, as a property
developer, he was prohibited from making such a donation (chapter 30).
*
In 2007, Craig Baumann, the NSW Liberal Party candidate for the seat of Port
Stephens, entered into an arrangement with Mr McCloy and Mr Grugeon to
disguise from the Election Funding Authority the fact that companies associated
with Mr McCloy and Mr Grugeon had donated $79,684 towards Mr Baumann’s 2007 NSW
election campaign. As part of this arrangement, a company associated with
Mr McCloy made a political donation of $32,604 and a company associated
with Mr Grugeon made a political donation of $47,080. These political donations
were paid to Mr Baumann’s company, Mambare Pty Ltd, which, in turn, paid the
money to the Medowie branch of the NSW Liberal Party to be used for Mr
Baumann’s 2007 election campaign. Mr Baumann caused Mambare to lodge a
declaration with the Election Funding Authority that falsely claimed that it
had donated the money to the NSW Liberal Party. Mr Baumann did so with the
intention of evading the election funding laws relating to the accurate
disclosure of political donations (chapter 31).
*
In about November 2010, Mr Baumann entered into an arrangement with Vincent
Heufel with the intention of evading the Election Funding Act laws relating to
the truthful disclosure of political donations. Under this arrangement, Mr
Heufel made a donation of $100,000 for Mr Baumann’s election campaign and Mr
Baumann reduced the amount his company, Mambare, charged for building Mr
Heufel’s house by that amount. This was done so that Mr Heufel could falsely
represent that he was responsible for making the political donation, rather
than Mr Baumann’s company and so that Mambare could evade disclosing that it
had made a political donation for Mr Baumann’s 2011 NSW state election campaign
(chapter 31).
*
In 2010, for the purposes of his 2011 NSW state election campaign, Mr Bassett,
the NSW Liberal Party candidate for the seat of Londonderry, solicited a
political donation from Buildev, a property developer. This culminated in the
drawing of a cheque, dated 13 December 2010, for $18,000 on the account of
Boardwalk Resources, which was payable to the Free Enterprise Foundation. The
Free Enterprise Foundation subsequently sent money to the NSW Liberal Party,
which included the $18,000. The $18,000 was used towards the purchase of
a key seats package for Mr Bassett’s 2011 election campaign in the seat of
Londonderry. Although the cheque for $18,000 was drawn on the account of
Boardwalk Resources, the donation was made for Buildev. Mr Bassett was aware at
the time he solicited the political donation that Buildev was a property
developer and knew it was not able to make a political donation and he was not
able to accept a political donation from a property developer (chapter
32).
Full 172 page report here.
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