NSW ICAC Operation Spicer hearings begin today - witness list partial breakdown

On 28 April 2014 at 11:00 am. A NSW Independent Commission Against Corruption (ICAC) investigation, Operation Spicer, will begin public hearings to examine:

…whether, between April 2009 and April 2012, certain members of parliament including Christopher Hartcher, Darren Webber and Christopher Spence, along with others including Timothy Koelma and Raymond Carter, corruptly solicited, received, and concealed payments from various sources in return for certain members of parliament favouring the interests of those responsible for the payments.

The Commission is also examining whether, between December 2010 and November 2011, certain members of parliament, including those mentioned above, and others, including Raymond Carter, solicited, received and failed to disclose political donations from companies, including prohibited donors, contrary to the Election Funding, Expenditure and Disclosures Act 1981.

Further allegations include whether Eightbyfive, a business operated by Mr Koelma entered into agreements with each of a series of entities including Australian Water Holdings Pty Ltd (AWH), whereby each entity made regular payments to Eightbyfive, purportedly for the provision of media, public relations and other services and advice, in return for which Mr Hartcher favoured the interests of the respective entity.

The ICAC is also investigating the circumstances in which false allegations of corruption were made against senior SWC executives (see also the Commission's Operation Credo public inquiry).

Individuals due to appear as witnesses in the first week of Operation Spicer hearings:

Karen McNamara – Federal Liberal MP for Dobell

Jodi McKay – former Labor MP for Newcastle, former NSW Minister for Tourism

Charles Perrottet – NSW Liberal state executive member, former adviser to then NSW Resources and Energy Minister Chris Hartcher, brother of NSW Minister for Finance & Services Dominic Perrottet and Government Affairs Analyst at BP Australia Pty Ltd

Tenille Koelma – Anconna Resources shareholder and wife of Tim Koelma former aide to then NSW Resources and Energy Minister Chris Hartcher

John Caputo - director of First National Real Estate in Dee Why,former mayor of Warringah, committee member of Prime Minister Abbott's Warringah federal electorate conference and vice-president of NSW Premier Mike Baird's Manly state electoral conference

Hollie Hughes - Liberal Party state executive member

Darren Jameson – former NSW police officer and former Liberal pre-selection candidate in Robertson electorate

Aaron Henry – member of the Liberal Party and former staffer with NSW State Liberal Member for The Entrance Chris Spence

Laurie Alexander – former staffer with NSW State Liberal Member for The Entrance Chris Spence

Zaya Toma – Fairfield City councillor and electorate office manager for State Liberal MP for Smithfield Andrew Rohan

Nathan Tinkler – former Patinack Farm horse stud owner and mining magnate

David Sharpe – former executive at BuildDev property developer

Troy Palmer - chief executive of Hunter Sports Group and a Buildev Group director

Matthew Lusted – owner of a Wyong building company and a Liberal Party donor

Tim Gunasinghe – President of the Erina Chamber of Commerce
Timothy Trumble/Trumbull - accountant and Liberal Party donor

Pasquale Sergi – property developer

Angelo Maggiotto –property developer

Iwan Sunito – property developer
Sebastian Reid - nephew of former of NSW Resources and Energy Minister Chris Hartcher
Annette Poole - staff member at legal firm Hartcher Reid

Eric Stammer - General Manager Yeramba Estates property development company

Roy Sergi - Advance Ready Mix Concrete
Peter Hesky - hotelier and property developer
Ekarin Sriwattanaporn - operates IT business Micki-Tech and is partner of Ray Carter former electorate officer for then NSW Resources and Energy Minister Chris Hartcher

Robert Osborne - Liberal Party donor and owner Patonga Beach Hotel

John Abel - Liberal Party member

Marie Neader - receptionist at legal firm Hartcher Reid

John Stevens - owner of the Stevens Group of property development companies

Darren Stevens

NSW Independent Commission Against Corruption Operation Spicer - Week 3 witness list profiles

NSW Independent Commission Against Corruption Operation Spicer witness list for Week 3 of investigation hearings:

Nick Di Girolamo - Liberal Party fundraiser, managing partner at Colin Biggers & Paisley until February 2007 after which he joined Australian Water Holdings as CEO and shareholder

Raymond Carter – former staffer to former NSW Resources and Energy Minister Chris Hartcher

Darren Webber - former Liberal Party MP for Wyong now sitting on the cross benches as an independent after expulsion from the party

Christopher Spence – former Liberal Party MP for The Entrance now sitting on the cross benches as an independent after expulsion from the party

Timothy Koelma - creator of the ‘slush fund’ corporation, Eightbyfive, and former aide of former NSW Resources and Energy Minister Chris Hartcher

Nathan Tinkler - former Patinack Farm horse stud owner and mining magnate

Christopher Hartcher – former NSW Liberal Party MP for Terrigal and former NSW Resources and Energy now sitting on the cross benches as an independent MP after expulsion from the party

Some of the people on previous Operation Spicer witness lists:

Karen McNamara – Federal Liberal MP for Dobell

Jodi McKay – former Labor MP for Newcastle, former NSW Minister for Tourism

Charles Perrottet – NSW Liberal state executive member, former adviser to then NSW Resources and Energy Minister Chris Hartcher, brother of NSW Minister for Finance & Services Dominic Perrottet and Government Affairs Analyst at BP Australia Pty Ltd

Tenille Koelma – Anconna Resources shareholder and wife of Tim Koelma former aide to then NSW Resources and Energy Minister Chris Hartcher

John Caputo - director of First National Real Estate in Dee Why,former mayor of Warringah, committee member of Prime Minister Abbott's Warringah federal electorate conference and vice-president of NSW Premier Mike Baird's Manly state electoral conference

Hollie Hughes - Liberal Party state executive member

Darren Jameson – former NSW police officer and former Liberal pre-selection candidate in Robertson electorate

Aaron Henry – member of the Liberal Party and former staffer with NSW State Liberal Member for The Entrance Chris Spence

Laurie Alexander – former staffer with NSW State Liberal Member for The Entrance Chris Spence

Zaya Toma – Fairfield City councillor and electorate office manager for State Liberal MP for Smithfield Andrew Rohan

David Sharpe – former co-owner and executive at BuildDev property developer

Troy Palmer - chief executive of Hunter Sports Group, Chief Financial Officer of Patinack and a Buildev Group director

Matthew Lusted – owner of a Wyong building company and a Liberal Party donor

Tim Gunasinghe – President of the Erina Chamber of Commerce
Timothy Trumbull - accountant and Liberal Party donor

Pasquale Sergi – property developer

Angelo Maggiotto –property developer

Iwan Sunito – property developer
Sebastian Reid - nephew of former of NSW Resources and Energy Minister Chris Hartcher
Annette Poole - staff member at legal firm Hartcher Reid

Eric Stammer - General Manager Yeramba Estates property development company

Roy Sergi - Advance Ready Mix Concrete
Peter Hesky - hotelier and property developer
Ekarin Sriwattanaporn - operates IT business Micki-Tech and is partner of Ray Carter former electorate officer for then NSW Resources and Energy Minister Chris Hartcher

Robert Osborne - Liberal Party donor and owner Patonga Beach Hotel

Marie Neader - receptionist at legal firm Hartcher Reid

John Stevens – property developer

Darren Stevens

Darren Williams - development manager at the Buildev Group and a sponsor of the Sydney-based Liberal Party associated entity The Millennium Forum in 2008

Nabil Gazal – Gazcorp director Sydney property developer

Nicholas Gazal – Gazcorp director Sydney property developer

Eric Koelma – brother to Tim Koelma creator of the ‘slush fund’ corporation, Eightbyfive

Grahame Young - CEO of Tesrol property group

Gary Bonaccorso – Sydney property developer
Doug Sneddon - planning consultant

Anthony Bandle – trustee of Liberal and National Parties’ Canberra-based associated entity Free Enterprise Foundation 

John Abel – NSW Liberal Party member and factional identity within the party
Tony Merhi - property developer and alleged Liberal Party donor
Marie Ficarra - Member of the NSW Legislative Council and, a former parliamentary secretary until 17 April 2014
Peter McConnell - former chief of staff to former NSW Premier Barry O'Farrell

NSW Political Donations & Election Funding: over the next six months watch for further mentions buried deep in mainstream newspapers

The Sydney Morning Herald on 30 August 2016 indicated that NSW voters may yet see a number of former state politicians fronting local magistrates in the near future:

Former NSW Liberal MPs have been issued letters of demand to repay potentially hundreds of thousands of dollars in illegal donations solicited before the 2011 state election.

As the corruption watchdog prepares to table its report into Liberal Party rorting of political donations laws on Tuesday, Fairfax Media can reveal the NSW electoral commission has issued the demand to some of those caught up in the Operation Spicer inquiry.

The electoral commission has the power to demand repayment of illegal donations. If it is determined that an MP or candidate knew the donation was illegal, they can be forced to repay twice the amount.

An electoral commission spokesman would not release names of those sent the demand, but confirmed it had completed an investigation.

It had "formed the view that sufficient evidence is available to justify recovery action against some of the persons who have received or benefited from unlawful donations, loans or indirect campaign contributions," he said.

"Those persons have been issued with demands for payment. The commission reserves its right to pursue recovery action in the event of non-payment."

It is understood there is some uncertainty over whether the former MPs can be prosecuted under the Election, Funding, Expenditure and Disclosures Act.

The time within which prosecutions can be launched was extended from three to 10 years by Premier Mike Baird in October 2014, but the change only applied to offences committed after that date. The offences in question were committed in 2010.

But there is a question over whether the law could be applied from when they were uncovered by the Independent Commission Against Corruption in 2014 and therefore fall within the original three-year limit…..

The Australian on 31 August 2016 reported that the NSW Liberal Party is still short of funds due to donor identity issues:

The NSW Liberal Party could launch legal action against the NSW Electoral Commission ­if attempts to recover about $4.3 million in withheld campaign funding are unsuccessful.

The party’s state division has been forced to renegotiate millions of dollars in loans taken out from Westpac to cover the shortfall. It is understood division chiefs were hopeful that the findings of Operation Spicer — which found that few within the party’s hierarchy knew about the donations scheme run through the now-­defunct Free Enterprise Foundation — would clear the way for the return of the money.

Instead, it appears the NSW Electoral Commission is continuing to demand the party conduct an audit of all its donations to ­ensure there were no inappropriate third-party donations such as those made through the Free Enterprise Foundation, which took prohibited donations from developers including Brickworks and Elmslea Land Developments.

In a statement, however, the NSW Liberal Party said only that it “continues to work with the NSW Electoral Commission in relation to its 2010-11 return”.

A NSW Electoral Commission spokesman said there had been “no change in relation to the commission’s determination to withhold funding”.

“The party is ineligible for funding on the basis that it has not disclosed the identity of donors for the 2010-11 ­period,” he said. “The party’s eligibility for public funding is not ­related to the ICAC report. Eligibility is prescribed in the Election Funding, Expenditure and Disclosures Act 1981.”

The Daily Telegraph on 22 September 2016 reported that the Liberal Party finally submitted the required donors names and one former Liberal MP has returned $10,000 of the $60,000 in unlawful donations the party received in 2011:

The Liberal Party will get the $3.8 million of the $4.4 million the Electoral Commission withheld from it because of its receipt of illegal donations during the 2011 state election campaign, the Commission has announced in a statement this afternoon.

The Electoral Commission had withheld the money pending what it believed was a proper declaration by the Liberal Party in relation to the illegal developer donations funnelled through the Free Enterprise Foundation and exposed by ICAC.

The Electoral Commission has also announced that it has received a $10,000 payment from former Liberal Charlestown MP Andrew Cornwell, which relates to money he received from developer Jeff McCloy during the 2011 election campaign.

“Following an investigation by inspectors of the NSW Electoral Commission (NSWEC), the NSWEC determined that a number of unlawful donations were made to endorsed candidates of the NSW Liberal Party in the lead up to the 2011 State election.” a statement from the Electoral Commission said.

“This investigation was informed by the Independent Commission Against Corruption’s Operation Spicer.

“One of the matters examined as part of this investigation was a AU$10,000 cash donation for the benefit of former MP Andrew Cornwell.

“That donation was subsequently paid into the account of the Charlestown State Electoral Conference, NSW Liberal Party.

“The NSWEC has the power to take legal action to recover the value of unlawful donations……

On the payment to the Liberal Party, the Commission said: “On 23 March 2016 the NSW Electoral Commission NSWEC determined to withhold almost AU 4.4 million in administrative and election funding from the Liberal Party of Australia, NSW Division (NSW Liberal Party) due to the party’s failure to disclose past donations.

“The donations were primarily made to the party by donors via the Free Enterprise Foundation in the 2010-11 disclosure period.

“On 22 September 2016 the NSWEC determined that a number of these and other undisclosed donations were unlawful and deducted the value of the unlawful donations from the amount of public funding payable to the party.

However ongoing political donation issues are not confined to New South Wales.  North of the Rio Tweed, the Queensland Liberal National Party was reported in the Brisbane Times on 25 September 2016 as having troubles of its own:

A special anti-corruption taskforce has been assigned to investigate claims of dodgy political donations that have embroiled Turnbull government MP Stuart Robert and a Liberal fundraising body he controls.

The investigation comes amid new questions about Mr Robert's connections to property developer Sunland and his support for the company's controversial $600 million plan for two high-rise towers on the Gold Coast.

Mr Robert has admitted his Fadden Forum – a fundraising arm of the Queensland Liberal National Party – was used to secretly bankroll two candidates with $60,000 to run in the March Gold Coast City Council election.

Kristyn Boulton and Felicity Stevenson, who were given $30,000 each, were both members of Mr Robert's staff but ran as independents and did not disclose their Liberal links until after the poll. Ms Boulton was successfully elected while Ms Stevenson failed and returned to Mr Robert's employ.

Political rivals have accused Mr Robert and the LNP of seeking to stack the council by stealth with pro-development councillors.

The Queensland Crime and Corruption Commission this month launched an investigation into the election and has assigned a "specialist team" with political expertise to spearhead the investigation.

It's understood the investigation will seek to examine the provenance of money donated to the Fadden Forum, including suggestions it came from property developers whose involvement was concealed.

One high-profile donor to the Fadden Forum has been Gold Coast developer lobbyist Simone Holzapfel, a former adviser to Tony Abbott, who gave more than $100,000 to the fundraising vehicle.

NSW Independent Commission Against Corruption Operation Spicer Inquiry witness list for week commencing 11 August 2014 - witness cheat sheet

NSW Independent Commission  Against Corruption Operation Spicer Public Inquiry witness list for week commencing 11 August 2014:

Monday 11 August 2014

Tim Owen – former Newcastle Liberal MP now sitting on the crossbenches due to ICAC allegations

Tuesday 12 August 2014

Hugh Thomson – Newcastle lawyer and former 2011 election campaign manager for Tim Owen MP

Wednesday 13 August 2014

Hilton Grugeon – millionaire NSW property developer and owner of the Hunter Advantage company

Thursday 14 August 2014

Jeff McCloy – Newcastle Lord Mayor and property developer

Keith Stronach – Newcastle-based property developer and managing director of the family business Stronach Property Pty Limited

Bill Saddington – managing director of the family business P.W. Saddington & Sons Pty Ltd building supplies

David Mingay – founder of the Daracon Group which made political donations to Tim Owens 2011 election campaign

Michael Tyler - former chairman of the Newcastle Knights and father to DeanTyler

Friday 15 August 2014

Robyn Parker – NSW Liberal MP for Maitland and former NSW Minister for the Environment

Rolly De With – Newcastle businessman and managing director of the Junction Hotel, former Newcastle Alliance board member

Paul Murphy – Newcastle businessman and chairman of the lobby group the Newcastle Alliance

Nick Dan – managing partner at Bilbie Dan: Solicitors & Attorneys, director Newcastle Knights' Members ‘Club Ltd and chair of its board, chair of Barrington Resources Pty. Ltd which holds magnetite licences for deposits in the Hunter, Tamworth, Scone regions

Tracy McKelligott – managing director at Eclipse Media and Newcastle Alliance board member

Marching Towards Oblivion: a former NSW Police Minister and his former Parliamentary Secretary for Police

Image of ICAC exhibit by @Kate_ McClymont

On 3 April 2011 Liberal MLC Mike Gallacher became NSW Minister for Police and Emergency Services – on 2 May 2014 he resigned after being named as a subject of the NSW Independent Commission Against Corruption Operation Spicer investigation .

On 4 May 2011 Nationals MP for Clarence Steve Cansdell became Parliamentary Secretary for Police under Gallacher – he resigned on 16 December 2011 in the midst of questions concerning a statutory declaration and allegations that he (rather than one of his staff) was driving a speeding car caught by a traffic camera.

Both had successfully stood for re-election in March 2011 and both went on to disappointed their party leaders and their electorates. It only took Cansdell a bit over 22 weeks to meet his political end in the 55^th NSW Parliament – it may take Gallacher a while longer as the current ICAC investigation is likely to continue for some time.

UPDATE

The Sydney Morning Herald 6 May 2014:

In a stunning development, the corruption inquiry into alleged Liberal Party slush funds will be "suspended" next week while investigators examine new evidence implicating former Police Minister Mike Gallacher in potential "serious electoral funding irregularities".

Counsel assisting the Independent Commission Against Corruption, Geoffrey Watson, SC, applied on Tuesday for a suspension of Operation Spicer "to allow the investigative staff at the commission time to investigate more material which has come to hand in recent times".

"In light of speculation on the subject, it does seem an appropriate moment to say that these activities implicate the former minister Michael Gallacher," Mr Watson said.

Former member Metgasco Limited's executive team to appear before NSW ICAC Operation Spicer investigation

Between 2011-13 Richard Shields was coal seam gas miner Metgasco Limited’s in-house lobbyist on its executive team as External Relations Manager.

Prior to crossing over to this listed mining company for those two years, Shields served as Deputy Director of the Liberal Party of Australia (NSW Division) for over 3 years and also served as the Interim State Director.

It is primarily this political party role which sees Richard Shields included on the witness list for Friday 12 September 2009.

Presumably because evidence given during Operation Spicer hearings is that Shields took a direct hand in fundraising during his time in the party's William Street head office between 2008 and 2011 and, this is a period in which unlawful political donations were allegededly laundered through Liberal Party associated entities.

Ex-News Corp journalist & Abbott propagandist Steve Lewis now a lobbyist with Newgate Communications

Steve Lewis, the former News Corp journalist who ran the ‘Abbott in Opposition’ political spin on many subjects, has joined Newgate Communications as a senior advisor. 

This company is a lobbyist at federal level for twenty-one companies – including Whitehaven Coal which has been mentioned in evidence in NSW Independent Commission Against Corruption (ICAC) Operation Jasper and Operation Spicer investigations.

Managing partner of the Australian branch of Newgate Communication is Brian Tyson who worked as a press secretary for the Greiner and Fahey NSW Coalition Governments - and states in his Linked in entry that he worked with then NSW Planning and Energy Minister Robert Webster.

Webster coincidentally is scheduled to appear at an ICAC Operation Spicer hearing today.

The 'I Knows Nuffink' defence reaches the height of absurdity during NSW ICAC Operation Spicer hearing

An exchange between junior counsel assisting the NSW Independent Commission Against Corruption Greg O'Mahoney and Queanbeyan property developer Lee Jay Brinkmeyer during an Operation Spicer hearing on 9 September 2014:

O’MAHONEY: Do you appreciate, Mr Brinkmeyer, that as a businessman who is spending company funds that you’ve written a $20,000 cheque to an organisation you know nothing about on the say so of a person whom you only have a mobile phone contact for without knowing precisely where the money’s going to go and having made no inquiries about where the money actually went, is that the effect of your evidence?

BRINKMEYER: Yeah. I mean, when you put that way - - -

O’MAHONEY: That’s it in a nutshell?

BRINKMEYER: When you put it that way it sounds bad but that’s - - -

O’MAHONEY: It sounds more than bad, Mr Brinkmeyer?

BRINKMEYER: That’s correct

O’MAHONEY: It sounds absurd, if you wouldn’t mind me saying?

BRINKMEYER: Well look, when I’ve made other donations in the past whether it - - -

The American Resistance has many faces and tweeters are just some of them (11)

In the matter of KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY; REBECCA BUCKWALTER; PHILIP COHEN; HOLLY FIGUEROA; EUGENE GU; BRANDON NEELY; JOSEPH PAPP; and NICHOLAS PAPPAS, Plaintiffs, v DONALD J. TRUMP, President of the United States; SEAN M. SPICER, White House Press Secretary; and DANIEL SCAVINO, White House Director of Social Media and Assistant to the President, Defendants, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. Filed 11 July 2017.

The New York Times, 11 July 2017:

WASHINGTON — A group of Twitter users blocked by President Trump sued him and two top White House aides on Tuesday, arguing that his account amounts to a public forum that he, as a government official, cannot bar people from.

The blocked Twitter users, represented by the Knight First Amendment Institute at Columbia University, raised cutting-edge issues about how the Constitution applies to the social media era. They say Mr. Trump cannot bar people from engaging with his account because they expressed opinions he did not like, such as mocking or criticizing him.

“The @realDonaldTrump account is a kind of digital town hall in which the president and his aides use the tweet function to communicate news and information to the public, and members of the public use the reply function to respond to the president and his aides and exchange views with one another,” the lawsuit said.

By blocking people from reading his tweets, or from viewing and replying to message chains based on them, Mr. Trump is violating their First Amendment rights because they expressed views he did not like, the lawsuit argued.

It offered several theories to back that notion. They included arguments that Mr. Trump was imposing an unconstitutional restriction on the plaintiffs’ ability to participate in a designated public forum, get access to statements the government had otherwise made available to the public and petition the government for “redress of grievances.”

Filed in Federal District Court for the Southern District of New York, the lawsuit also names Sean Spicer, the White House press secretary, and Dan Scavino, Mr. Trump’s director of social media, as defendants. It seeks a declaration that Mr. Trump’s blocking of the plaintiffs was unconstitutional, an injunction requiring him to unblock them and prohibiting him from blocking others for the views they express, and legal fees.

Nice Work If You Can Get It: Liberal Senator Arthur Sinodinos' $2,000 an hour former directorship

Excerpt from 17 March 2014 public hearing transcript in the matter of Operation Credo-Spicer before the NSW Independent Commission Against Corruption (ICAC):

 Counsel assisting ICAC, Geoffrey Watson SC:

I’ll now deal with Australian Water Holdings and its pursuit of its chances

with the Liberal Party. As I have said, Mr Di Girolamo is personally

strongly connected with the Liberal Party. A State election was slated for

10 March 2011 but it was apparent by 2008 that the Government would change

and the Coalition would take power. Mr Di Girolamo set out to build links

between Australian Water Holdings and the Liberal Party. In October 2008

Mr Di Girolamo organised Arthur Sinodinos, now Senator Sinodinos, to

join the board of directors at Australian Water Holdings and its subsidiary

companies. At the time Mr Sinodinos was the Treasurer of the New South

Wales branch of the Liberal Party and he was soon to become its president.

Mr Sinodinos became the fifth director of Australian Water Holdings at a

time when there were only about 10 employees. Not many companies could

sustain a ratio of one director for every two employees and Mr Sinodinos’

commitments were not onerous. There could not have been more than

100 hours during a year. For this Mr Sinodinos was paid $200,000 per year

plus bonuses. This might seem like a lot for a couple of weeks’ work,

especially when one considers that the chairman of Sydney Water, and that

is a really huge business, the chairman of Sydney Water was paid just over

$100,000 a year. And I mentioned bonuses. Mr Sinodinos was given equity

in Australian Water Holdings. He was given five per cent of its share

capital at no cost to him. In addition, he was on a bonus so that he would

receive a further 2.5 per cent of the share capital in the event that the

Government approved Australian Water Holdings’ PPP proposal.

Based upon PricewaterhouseCoopers’ valuation if the PPP came through

Mr Sinodinos would have enjoyed a 10 million or $20 million payday. It’s

presently difficult to offer observations on the conduct of Mr Sinodinos. He

has other involvements which will come under scrutiny in Operation Spicer.

It’s quite transparent that Mr Sinodinos’ true role in Australian Water

Holdings was to open lines of communication with the Liberal Party and

there will be evidence that he tried to do so….

But Australian Water Holdings retained other lobbyists, it retained the firm

of Jackson Wells and paid it plenty, it retained Tim Koelma who was very

closely associated with Chris Hartcher of a monthly retainer of more than

$7,000. In April 2007 it retained Paul Nicolaou, the Liberal Party fundraiser

on a monthly retainer of $5,000. In January 2011 it also retained the former

Liberal Party MP Michael Photios on a monthly retainer of $5,000. In

Mr Photios’ case Mr Di Girolamo proposed that should the PPP be

approved Mr Photios would receive a $1 million bonus. Here is the motion

which was placed before the board of Australian Water Holdings on that

subject, Michael Photios, I recommend we retain - I’m so sorry, this is a 

recommendation made by the CEO to the board. “I recommend we retain

Photios, six month retainer $5,000 per month with a project payment of

$1 million on financial close of PPP in Northwest Growth Centre.”

Now Commissioner, it seems, and the evidence about this is a little strange

as you’ll see in due course. It seems that that motion was not passed but

still we’ll be asking one or two questions about it. Apparently I said that,

Mr Sinodinos said that it would be working 100 hours a week. I’m so sorry

about that. It’s only 100 hours a year. That’s a pretty general allowance on

the evidence that I’ve seen.

In any event going back to the lobbyists, it seems that at a time when

Australian Water Holdings had about 10 employees it also had five

lobbyists. This is all the more striking when it is known that at that time

Australian Water Holdings was suffering a cash flow crisis so severe that it

was unable to pay it’s tax commitments as they fell due….

Following this 17 March public hearing the Liberal Party of Australia announced that it was repaying the political donations allegedly improperly received from Australian Water Holdings. 

Readers might recall that on 1 March 2013 The Sydney Morning Herald reported:

Liberal senator Arthur Sinodinos, already in strife over his involvement in a company with alleged links to embattled Labor powerbroker Eddie Obeid, last night apologised ''unreservedly'' to Federal Parliament for failing to declare interests in several other companies...

In early 2012 the NSW Coalition government awarded AWH a 25-year water infrastructure deal without any tenders. Corporate records show that Mr Sinodinos was a director of AWH from November 2008 until November 2011. On Wednesday, apparently to distance himself from AWH, the senator announced he would forgo his 5 per cent shareholding to which he was entitled following his time as chairman, worth up to $3.75 million.

These shares were held on his behalf in a ''gentleman's agreement'' by AWH boss and major shareholder Nick di Girolamo, who the Herald last year revealed was a close friend of the Obeid family.

Mr Sinodinos, who is the shadow parliamentary secretary to Mr Abbott, denied last night that he had at any time asked that the shares ''be held secretly on my behalf''...

UPDATE

The Sydney Morning Herald 19 March 2014:

According to evidence presented to the commission, Sinodinos was a director and then chairman of a company, Australian Water Holdings, which ruthlessly exploited a legal loophole to rip off NSW taxpayers to the tune of hundreds of thousands of dollars.

Allegations that Australian Water Holdings claimed "administrative expenses" from Sydney Water, with whom it had an agreement over provision of water infrastructure for land release in the city's north-west, are of a nature which would make most of us blush.

The commission has heard limousine hire, corporate boxes and countless other expenses were all cynically invoiced to Sydney Water - a taxpayer-owned corporation.

Counsel assisting the inquiry, Geoffrey Watson, SC, has outlined to the inquiry how the loophole was exploited to provide company executives, including Nick Di Girolamo and John Rippon, with million-dollar salaries.

When Sinodinos became an AWH director in October 2008 he was paid $200,000 per year, plus bonuses, for according to the commission, "a couple of weeks work". This too was allegedly funded by Sydney Water as an "administrative expense".

NSW ICAC Operation Spicer Hearings Week One August 2014 - witness list cheat sheet

OPERATION SPICER PUBLIC INQUIRY

WITNESS LIST FOR WEEK COMMENCING

4 AUGUST 2014

Wednesday, 6 August 2014

Rodney Bosman – former Regional Manager - Western Sydney at Liberal Party of Australia (NSW Division), ran the NSW Liberal Party's Hunter and Central Coast campaigns for the 2011 state election

Brien Cornwell – father of Andrew Cornwell, local property developer and a volunteer on Liberal MP Tim Owen's election campaign

Thursday, 7 August 2014

Andrew Cornwell – NSW Liberal MP for Charlestown, NSW Government Whip and former Liberal Party Newcastle branch president

Samantha Brookes – wife of Andrew Cornell and an executive officer at Newcastle University

Robin Beaven – president of the Charlestown branch of the Liberal Party

Friday, 8 August 2014

Luke Grant – radio announcer and on Newcastle Liberal MP Tim Owen's election campaign staff in 2011

Joshua Hodges – former Port Stephens councillor and member Newcastle Liberal MP Tim Owen's election campaign team

Eric Hansen – reported to be the owner of a screen-printing business that Tim Owen’s election campaign used

Shane Burrell – co-founder of Mezzanine Media

Can the Speaker in the House of Representatives deny knowledge of alleged laundered money routed through The Dame Pattie Menzies Liberal Foundation?

According to a report in The Sydney Morning Herald on 8 September 2014, Liberal Party MP for Mackellar and Speaker in the House of Representatives Bronwyn Bishop has been identified in evidence before the Operation Spicer investigation as being a director of the Dame Pattie Menzies Foundation Trust which received $11,000 from the Free Enterprise Foundation on December 9, 2010, which it then directed to the NSW branch of the party for use in the 2011 state election and The previous day, Mr Partridge has sent a cheque for $125,000 to the Free Enterprise Foundation with a note which read: "We trust this donation will provide assistance with the 2011 NSW State election campaign". Additionally, A $2000 donation to the Dame Pattie foundation from Australian Corporate Holdings, a company connected to Sydney property developer and sailor Syd Fischer, was also passed on to the NSW Liberals.

So sure was the foundation that these donations would not be queried that they were included on the relevant disclosure from:

The Dame Pattie Menzies Liberal Foundation Ltd disclosure of political donations and expenditure for the financial year 2010-11

Can Bronwyn Bishop deny all knowledge of this foundation receiving ‘laundered’ developer donations before passing them onto the NSW Liberal Party, when Australian Securities & Investment Commission records reveal that at least three current office bearers of The Dame Pattie Menzies Liberal Foundation Ltd (incorporated in NSW) are being questioned concerning allegations of corruption currently being heard during NSW Independent Commission Against Corruption (ICAC) Operation Spicer hearings:

JOHN PEGG,  9 Bushlands Avenue, GORDON NSW 2072, appointed 15.11.93 appeared before NSW ICAC on 8 September 2014

BRONWYN KATHLEEN BISHOP, 21 Pacific Parade, DEE WHY NSW 2099, appointed 29.08.86

WARWICK JAMES WILKINSON,  6A Parriwi Road, MOSMAN NSW 2088, appointed 29.08.86

GILLIAN STOREY, Werong, YASS NSW 2582, appointed 23.11.92 

CHRISTINE MARGARET LIDDY, 103 Raglan Street, MOSMAN NSW 2088, appointed 20.02.04

DENISE ANNE FINK, Unit 11, 282 Sailors Bay Road, NORTHBRIDGE NSW 2063, appointed 20.02.04

DAMIAN JONES,  853 Barrenjoey Road, PALM BEACH NSW 2108, first appointed 06.01.05

NICHOLAS CAMPBELL, 6 Rhonda Close, WAHROONGA NSW 2076 appointed 13.12.13 appearing before NSW ICAC 9 September 2014

The company secretary since 2008 is:

SIMON JOHN MCINNES 5 Hillpine Avenue, KOGARAH NSW 2217, appeared before NSW ICAC 4 September 2014

Wondering why Metgasco Limited hasn't been mentioned during NSW Independent Commission Against Corruption hearings in April-May 2014?

So many Liberal Party donors and so many companies are receiving a mention almost in passing at the NSW Independent Commission Against Corruption (ICAC) Operation Credo and Operation Spicer hearings, that the twitterverse could almost be forgiven for starting to wonder about the role of some of those not mentioned but of interest because of their history of interaction with government.

However, coal seam gas and tight sands mining company Metgasco Limited didn’t need to spend big on political donations to the Liberal and National parties in order to progress its commercial interests in New South Wales – it made sure it was very well-connected in another manner.

In 2011 it employed Richard Shields as an in-house lobbyist:

Richard Shields - External Relations Manager

Richard has extensive knowledge and experience in politics, having worked for almost 20 years in senior government, party related and private sector roles. He understands the challenges and complexities of the legislative and regulatory processes of government, in addition to having a strong insight into managing media and community relations.

Prior to joining Metgasco, Richard served as Deputy Director of the Liberal Party of Australia (NSW Division) for over 3 years and also served as the Interim State Director. Other positions held by Richard include a Policy Adviser to former Senator the Hon Helen Coonan as Minister for Communications, Information Technology and the Arts.

Richard has also worked as a Senior Cnsultant [sic] for two of Australia's largest issues management firms. Drawing on his strong media and stakeholder manageent [sic] skills, Richard advises the Managing Director and Board on issues management, communications and engagement strategies and investor relations…… [Metgasco Limited website on 10 June 2013]

The External Relations Manager is a head of function role reporting to the CEO and is member of the Executive team. Broadly, the role of the External Relations Manager is to develop and implement Metgasco’s approach to Government Relations, Community and Media management and Investor Relations…..

[Richard Shields’ cached Linkedin profile]

Richard may have left Metgasco but the connections he forged for the mining company are apparently still holding firm, as the second (albeit acting) NSW Coalition Government Police Minister in a row appears to back this miner:

The first, Mike Gallacher - now a subject in the ICAC Operation Spicer investigation – was police minister when this occurred:

The Northern Star 6 November 2013

Letters from Metgasco Limited CEO Peter Henderson to NSW Government Ministers between December 2012 and Feb...

With a third NSW Police Minister, Stuart Aryes, appointed this week it will be interesting to see how he reacts to Metgasco Limited's demands of government.