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August 2014

Nitin Daniel Mookhey has been called - "I AM THE DANIEL"

Nitin

Mr Mookhey gives his occupation as being "engaged in commerce".

He was asked to adopt his witness statement, he said he didn't have a copy of the statement he signed on 18 August 2014.   He has after some remonstration agreed that it is true and correct.

Mr Mookhey is very feisty.

Mookhey

Brains

Mookhey has agreed that money from a previous fund, the Transport Election Committee was transferred to the McLean Forum.   The McLean Forum was a different structure - it was a company limited by guarantee.

About $300,000 went in to establish the McLean Forum.

Mr Mookhey has denied working on a daily basis on the TWU's campaign in Queensland.

"Did you pay campaign suppliers?"  "I didn't pay campaign suppliers, the McLean Forum paid campaign suppliers, I facilitated payments to campaign suppliers."

The Commissioner, "Mr Mookhey, if I can just give you some advice, you are not entirely doing justice to yourself as a witness or as a human being.....

The Commissioner is giving Mr Mookhey some advice, "the sky is not going to fall in, you shouldn't be so defensive about answering questions....

Mr Mookhey said, "I'm sorry, I didn't mean to appear defensive....

Mr Mookhey is in the witness box for the sole an exclusive purpose of establishing to his own satisfaction that he is the smartest person in the room - he seems to have done a very good job of convincing himself about that.   So far as everyone else is concerned, maybe not so much.

Mr Mookhey is spending a lot of his personal credibility to try to convince us all that "for the purposes of everyone's voluntary campaign efforts to volunteer in their voluntary capacity" on the Queensland campaign no one did it in their paid capacity as workers for the TWU.   They were on leave.   Or time off.   or something.   Just never had anything to do with their work for the TWU.  Just random guys who were willing to help out.   So........yeah.

Brainiac has just embarked on a discourse to deliver 8 reasons why it was important to intervene in some mumble-flock, he said the 8 reasons are

  • the emergence of a national transport market
  • the emergence of national IR system
  • the emergence of national laws

then he said he'd got to 4,  then the Commissioner said no mate, you only really got to 3.   Then the Commmissioner said could it be that the emergence of new Queensland laws was relevant.   And Brainiac endorsed the Commissioner's view which was very kind of him.   Sadly we never got to 8.

Mr Mookhey is now speaking about why Hughie Williams was an embarrassment to the wider labour movement.   Hughie Williams caused angst, for example, by endorsing the actions of the Bligh Labor Government in Queensland.   Apparently Nitin Daniel Mookhey is an arbiter of the interests of the wider labour movement and poor old Hughie Williams in his 60s who represented Australia in the Commonwealth Games and was a very good old fashioned unionist would not have a clue.   Silly old Hughie.

The wider labour movement must be very proud.

Wow - not only does campaign speech emanating from ND Mookhey occur at hyperspeed, we now learn that campaign funding payment processes also occur at such a speed as to require new an innovative ways to pay such as could not be satisfied by those methods adopted in the commerce of yore such as invoices, statements, cheques and receipts.

I hope Mr Mookhey is in the box for the next few weeks.   He's great.   He paid on his personal credit card for a $9000 rented serviced apartment, a few grand here, a few grand there, there was Skype credit, guest expenditures ancillary to all of the above - he also magnanimously provided a personal credit card (prepaid) which then got - wait for it - cash from the McLean Forum.   It's all just so really new and innovative and like adoptive of the new innovative new labour innovative financial transaction model cash flow embracing new organising philosophies and like stuff.    So.....yeah.   You wouldn't understand.

We are now going to hear how Chris Hayes's brother Gerard Hayes (colleague of Michael Williamson) was installed into the leadership of the HSU with the assistance of the McLean Forum.

"I'm not sure if Mr Hayes was at that meeting but there was a meeting that day that I was at that Mr Hayes was at as well."   Apparently Mr Sheldon and Mr Forno had the meeting with Mr HAYES.

We wait with baited breath to have explained to us the essential interest that truck drivers working for Linfox have in seeing Gerard Hayes (Chris Hayes's brother) installed as the boss of the Health Services Union.

Mr Mookhey is now educating the Commission about the "crisis".   There was a "crisis" at the time.   To bring the movement to some sort of resolution, to remove the people who were corrupt, the entirety of the labour movement had to show that the labour movement could deliver change because of the "CRISIS"!!!  The entirety of the labour movement had to respond to the "crisis" you see.   we put the emphasis first, our priority was on the campaign, on building support for the campaign prior to working out how we paid for it.   it was that important see because of the "crisis'.

That would be the crisis in which Michael Williamson the President of the Labor Party got done for fraud all by himself.   no one helped him.   no one knew what was going on.   no corrupt suppliers got done, no co offenders, just Williamson.

Nitin has just put Sam Dastyari centrally in the HSU funding campaign.   he was the convenor of an informal grouping within the labour movement and the Labor Party who was supporting our campaign.   I'll bet Sam will be thrilled.

From the SMH 10 May 2013: "Mr Dastyari praised another potential candidate, Daniel Mookhey, who is running the federal election campaign of the ACTU. But while Mr Dastyari said Mr Mookhey would be impressive in parliament, ''there was only one of him'' and emphasised the value of his work with the ACTU." Graduated from University of New England in 2011 and less than two years later Dastyari thinks he would be an impressive politician!

Very proud

 

I think we have a new catch phrase, it will look good in the transcript, mark the time, about 11.24AM, "I AM THE DANIEL!"

I AM THE DANIEL

(I AM THE DANIEL)

I Am The Daniel just told Counsel Assisting, "I don't know where these questions are heading counsel".

I think Mr Stoljar would probably do today's hearing for free.   Or pay money to do it.

 

The point is this, you said you crafted your statement, you said it was true and correct, you said the bulk of the campaign suppliers services were provided by provider credit, in fact it wasn't provider credit, it's just the fact that you didn't pay the bill did you?   " Well that's a cynical view Counsel."

Our HSU Incorporated should have copped the bills.

ADJOURNED UNTIL 12.05PM.  Standing room only in the men's room cubicles.


The Royal Commission is about to commence - Tony Sheldon scheduled for today

Royal commission

CLICK HERE TO WATCH LIVE

Counsel Assisting is describing the McLean Forum.  The current directors are Tony Sheldon, Scott Connelly and Wayne Forno.

Mclean forum

"This is a fighting fund that seems exclusively to fund elections in other unions".

Mr Stoljar is enumerating the campaigns in which the McLean Forum has funded campaigns to install certain officials into leadership positions in other unions.

Mr Stoljar is describing how the MacLean Forum financed Mr Gerard HAYES and Mr Andrew LILLICRAP in the HSU elections.   the Commission has heard that Mr HAYES defeated Katrina Hart and one other man.   Much of HAYES's expenses were met by the MacLean Forum.

Ms Gerace from Slater and Gordon appears for Mr Pacey.

 


The CFMEU and $7 million in Melbourne real estate deals

This story was published in the Sydney Morning Herald on 31 July 2014.

Cashed up cfmeu

RMIT buys Carlton portfolio from CFMEU

Date
July 31, 2014

 

Three Carlton properties, for years owned by controversial union the Builders Laborers Federation, which the state government shut down 28 years ago, have been quietly sold to the Royal Melbourne Institute of Technology.

The assets – a single-storey shop at 11 Lygon Street, a double-storey shop called O’Reilly at 15 Lygon Street and a warehouse at 8-14 Orr Street, abut other Carlton properties owned and occupied by RMIT, whose 8.2 hectare city campus includes some 70 sites.

RMIT has just applied to refit one of the new buildings at 11 Lygon Street – for years the BLF headquarters – as a student social area.

For seven years until 2002, the Construction, Forestry, Mining and Energy Union held the three Carlton buildings in trust while trying to convince the Victorian government that it was the ‘‘legitimate successor’’ to the BLF which was de-registered by the Cain administration in 1986 – and also, by another government, in 1974.

The BLF was de-registered  for failing to meet minimum standards of responsible behaviour.

RMIT is believed to have paid the CFMEU about $7 million for the Carlton portfolio earlier this year – a rise on the $4 million  at which it was valued 12 years ago. Selling agents Paul Farrelly and Michael Major of Sutherland Farrelly refused to comment about the deal.

Maybe they need a new real estate levy to fund garages for their Maloo R8 utes (levy pending).

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6a0177444b0c2e970d01a3fd1d0de6970b-pi[1]


John Halloran, previously publicity officer with the TWU has been sworn

Halloran

Mr Halloran's statement has been received into evidence.   He is currently a company director, previously he was from 1992 a publicity officer with the TWU.

he became a signatory on the election fund account in mid 1997.

As the "election fund coordinator" he says he might have spoken to a couple of new employees about joining the election fund.   he denies saying, "listen, we have this election fund and you must contribute to it", but he agrees that there was an expectation that new employees would contribute to the fund.

Mr Halloran is shown some bank documentation which he agrees he signed and which show a tick in a box within the form that indicates money in the account was not held on trust for others.

Mr Halloran's witness statement says the purpose of the election fund was to finance elections for the Victoria Tasmania branch of the TWU.

The Commissioner described various legal or contractual descriptors which might appropriately describe the circumstances of the ownership of the funds held within the election fund.

Mr Halloran is shown a cash cheque which he signed off on - he can't recall the purpose of the cheque.

He is shown two cash cheques for $7,500 for payment to Ms Fegan -  Mr Halloran can't say why the money was paid out as cash cheques.   He is asked whether paying out money in cash was in breach of the trust he claims the money was held in.   he says there was little chance of his own team being challenged at forthcoming elections and the money was available for the support of "our allies".    That being Ms Fegan in the HSU Vic No 1 Branch.

Mr Halloran was shown a cheque made out to himself, he explained that the money was to reimburse himself for expenses associated with a TWU Association fund function at Moonee Valley.

Moonee valley man

 

Mr Halloran was asked further questions about the reasons for the $20,000 payment made on Mr Sheldon's instructions.  "New South Wales politics is a different world, we get slightly mystified down in Victoria when we consider it."

"Who requested the donation to the Fegan campaign?"   "I don't know."

Mr Halloran has been excused.

An affidavit of a Mr Dyson who is overseas has been admitted into evidence without objection from Counsel for the TWU.

THE COMMISSION IS ADJOURNED UNTIL 10AM TOMORROW

 

 


John Berger, Assistant Secretary of the Victorian Branch of the TWU has been sworn

It's Mr Berger's second time in the witness box, he gave evidence about TWU Super previously.

John gerard  berger

Mr Berger has been sworn.   He is being asked about his role in the Team fund.   He agrees that he is the person who presents cash cheques to withdraw cash from the accounts, they use cash cheques because that's been the practice for some time now.

He was asked whether  cash cheques were used to avoid creating accounting records.   He said no, it's just the way it's done.

"Did you have any recollection of a $20,000 payment to the ETU?"  "yes, there was myself, Mr Mader and (one other person)".   "My understanding was that it was for the election of the incumbents".

Mr Berger said he didn't know who the incumbents were.   He says he has no idea why an international money transfer was used to facilitate the $20,000 payment.   He said he just thought that was the way it was done.

Mr Berger is shown a loan application.   "Did you make application for a loan to the CBA in 2013?"  "Yes I did".

"Did you check through the loan application before it was signed off by the bank?"  Mr Berger is examining the documents in detail.   "Mr Stoljar I haven't signed this loan application."   "This is not the application I signed off on."

Mr Berger says he walked into the bank and applied for money to buy a car but he did not sign the application.   he says he has not seen the application before.

Mr Berger was asked if Mr Sheldon regularly made requests that money be paid out of the election fund.   He says he wasn't party to the request from Mr Sheldon.   he regarded it as sufficient that Mr Sheldon made the request, there was no need for any further enquiries.

Mr Stoljar has finished his examination.   Mr Berger has been excused.


The Royal Commission is now back in session - Wayne Mader in the witness box

Here is a study in two men determined not to make eye contact.

Eye contact

Mr Mader is giving further details about how ordinary and routine it was to take a request from Tony Sheldon that he transfer tens of thousands of dollars to another union.

"What did you get in return for the payment?" "Nothing."

"Was one reason you made the payment in expectation that if successful the person you were supporting would vote in a certain way at the ALP conference?"  "No, not at all."

Mr Mader was shown the request for a statement made of him by the Royal Commission.

He admits that he neglected to comply with the Commission's request that he provide details of

  • the Pauline Fegan payment
  • the payment to the ETU fund
  • the Moonee Valley payments

He says it was simply an oversight.

Mr Mader is now being shown an application he made for a home loan to the CBA.  In the ordinary course of the application he made to the CBA he gave details of his financial position, he included a sum of money referable to institution account number culminating in (a series of numbers that was read to the Commission).   And that figure of $32997.95 - in reference to the home loan application made in 2005.   That corresponds to an amount in account (numbers read to the Commission).   

Mr Mader states that the material was put together by the bank and not by him.   The bank has put it all together including all the accounts where his name appeared.   He didn't nominate those funds as being collateral or an asset of his - it just seems that if your name is on the bank account it just comes up on the bank's documents.

Mr Stoljar has finished his examination of Mr MADER.   Mr MADER is now being examined by Counsel for the TWU.

Mr Mader's examination by his own Counsel is now completed.

Mr Stoljar is now asking specific questions about the style of a Notice to Produce to a certain TWU related association so as to ensure the documents will be produced.   Mr Mader agrees to comply.

Mr Mader has been excused.