Michael Smith

www.michaelsmithnews.com

Tuesday, 20 January 2015

The Honourable Brad Hazzard MP

NSW Attorney General

By email to 

[email protected]

Dear Attorney,

Craig Robert THOMSON - request for information regarding outstanding criminality in NSW

On 31 January 2013 NSW Police arrested Craig Robert THOMSON.   He was later bailed to the Melbourne Magistrates’ Court to face 173 fraud and theft charges (later increased to 225 charges) arising from his time as National Secretary of the Health Services Union.  

 On 18 February 2014 THOMSON was found guilty of fraud and theft charges and on 29 March 2014 he was sentenced to 12 months imprisonment with 9 months suspended for 2 years.  The prisoner THOMSON appealed his sentence and conviction.    On 17 December 2014 he was found guilty of 13 counts of theft and fined $25,000 in the County Court of Victoria.

APPARENT OUTSTANDING CRIMINAL MATTERS IN NSW

On 24 August 2011 the National Secretary of the Health Services Union reported THOMSON to NSW Police alleging a course of conduct involving fraud and theft during THOMSON’s time as secretary of the union.

While many of the alleged criminal acts took place in NSW (and elsewhere), NSW Police referred the THOMSON investigation to Victoria Police and Detective Sergeant John TYQUIN of the Victoria Police Major Fraud and Extortion Squad was the informant who charged THOMSON.

 The Crimes Act (1958) in Victoria provides:

CRIMES ACT 1958 - SECT 80A

Extra-territorial offences

    (1)     If—

        (a)     a person does, or omits to do, an act or thing referred to in sections 81 – 87 (both inclusive) outside, or partly outside, Victoria; and

        (b)     there is a real and substantial link within the meaning of subsection (2) between doing, or omitting to do, the act or thing and Victoria—

those sections apply to the act or thing or the omission as if it had been done, or omitted to be done, wholly within Victoria.

    (2)     For the purposes of subsection (1), there is a real and substantial link with Victoria—

        (a)     if a significant part of the conduct relating to, or constituting the doing of the act or thing, or the omission, occurred in Victoria; or

        (b)     where the act or thing was done, or the omission occurred, wholly outside Victoria, if the act or thing was done, or omitted to be done, with the intention that substantial harmful effects arise in Victoria and such effects did arise.

On 3 December 2013 Victorian Magistrate Charlie Rozencwajg granted an application made by  THOMSON’s lawyer Greg James QC for those offences which might otherwise be covered under Section 80A of Victoria’s Crimes Act to be excluded from the hearing of the THOMSON charges in Victoria.

Of the original informations laid in the Magistrates’ Court of Victoria 62 charges appear to arise from conduct wholly within NSW.   It appears on the face of the proceedings in Victoria that the criminality in those matters and the offence to the Crown in NSW has not been dealt with.

REQUEST

Would you please advise if the totality of THOMSON’s apparent criminal course of conduct in New South Wales has been brought before a court of competent jurisdiction?   Is the Crown in New South Wales satisfied that any criminality disclosed by the allegations first brought to the attention of New South Wales Police by the Health Services Union on 24 August 2011 has been dealt with according to law?

I propose to treat this letter to you and any reply you might make as an open and public communication.

Yours sincerely,

(by electronic transmission)

Michael Smith

www.michaelsmithnews.com

UPDATE

Email Acknowledgment <[email protected]>	1:03 PM (13 minutes ago)
to me