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Alan Reid, first witness for the day has been sworn.   He's a 42 year veteran working with City Rail - he became a shop steward with the ETU 22 years ago and has been a member of the State Council of the ETU for 22 years.   Mr Reid has been Treasurer of the ETU NSW for 10 years.   He is not a member o the ALP.

Mr Reid is not a good advertisement for union governance standards.

He has been the Treasurer of the ETU NSW Branch for 10 years - but he's told the Commission that it was only in the past 5 years or so that he became properly aware of the financial and reporting responsibilities that the Treasurer is accountable for, not only union rules but under the various legislative provision (i.e. law) that regulate unions.

Mr Reid has some recollection of discussing large amounts of ETU money in his role as Treasurer but he can't remember what the large amounts of money were for.   Could have been used to buy a house, could have been given to Labor, who knows?   Apparently everyone just did what Bernie said.

The governance ramifications are obvious.

AT 1039 Mr Reid was excused.

The nest witness is Geoff Prime.

Thanks to Andrew Casey who is present at the Commission for the following photographs of screened exhibits.

Bank records shows $20k in $100 notes, $35k in $50 notes and $5k in $5 notes for @NSW_ETU elections #turc pic.twitter.com/xo55m9WaQL

— Andrew Casey (@AndrewSCasey) April 29, 2015

Here is Cash Cheque which Paine signed for $60k for election fund. Paine denies he mighta signed blank cheque #TURC pic.twitter.com/NIXTiUlD0g

— Andrew Casey (@AndrewSCasey) April 29, 2015

Claims at #turc that $60k withdrawn from 'caucus election fund' for election and money was taken out in cash. pic.twitter.com/LNk2BqpPCl

— Andrew Casey (@AndrewSCasey) April 29, 2015

Here's a crisp summary of this morning's proceedings from reader Kooka

kooka said:

I have just been listening to the TURC this morning..... ETU Officers Fund... Mr Geoff Prime ...Trustee Asked the following: Have you seen a Balance Sheet...NO Are accounts audited...NO Have you an external Accountant...NO Accounts at meetings...NO He is quite happy to say he signed a cash cheque for election fund for $60,000-00 but has never followed it up!!! Money means nothing to these Unions...No checks and balances. That is exactly how the Unions and ALP like it.... A flowing ATM,a river of gold. Unions surely have to be brought into line with Company accounting.This is ridiculous!

What utter nonsense all in the name of being uber-PC and Muslim-cuddly.  

It's  insulting to the grown men and women in the Parliament.   Parliamentarians should be able to seek out information and develop their own opinions without Luke Foley lecturing them on how to spend their time.  Just forget it's Israel for a sec - Foley's instruction applied to any polar or divisive issue would look like this "Now class, if you spend one hour in Mosman talking to rich people you must immediately spend one hour in Lakemba with  welfare recipients.   There's no way you can properly understand the growing wealth gap if you don't adhere to this instruction".

Quintessential Labor.

 The NSW Parliament is there to advance NSW interests, not to bring the Middle East to Macquarie Street.   If members have good reasons to go to Israel, then go to Israel.    Why the hell would you tell Parliamentarians to cool their heels in Gaza for a set period if they actually have business in Israel?

Israel is a highly developed, democratic, economically super-charged, highly educated, multiple-Nobel-Prize-winning shining star off the Middle East.   We can trade with Israel, do business deals, learn things.   There are great reasons for our politicians to be in Israel to advance Australian and New South Wales interest.  But to Foley, Israel only exists in the context of the Gaza/West Bank/Palestinian issue.   What an insult to our Israeli friends and business partners.

If Labor wants its people to go to Gaza, then send them to Gaza - but don't make a trip to Israel contingent on also visiting the place.

Does the world really need more do-gooders from Australia creating security dramas in dangerous places?   And all so Labor can ooh, ahh, tut-tut and publish selfies that play out well in Muslim electorates.

Michael Brien is a lifelong member of the ETU.   He has been the Vice President of the NSW Branch of the ETU for the past ten years.  He's also a member of the Labor Party.

Just before 5PM yesterday Mr Brien gave some of the most illuminating  evidence about Labor/Union links the Commission has heard.

The now infamous loan/donation/bribe/theft-of-members-money from the ETU to the NSW Labor Party in late 2010 took place under Mr Brien's watch.

Mr Brien revealed that what is now known as a "loan" of money to the Labor Party was cobbled together on Bernie Riordan's say-so in he dying days of 2010  - probably to beat new political donations laws.

There was no discussion of security for the loan, no repayment schedule, no set interest rate.   Mr Brien has no specific recollection of Executive and Council meetings where (according to the Bernie Riordan school of latter-day-changes-to-the-minutes) the "loan" was discussed.   But he is sure (presumably because Bernie told him that he is), that he was briefed about the "loan" by Mr Riordan.  

For Mr Brien to have discharged his duty as a fiduciary to the union,that briefing would have included whether or not the loan was at arm's length, was on commercial terms, was simply a genuine too-good-to-miss investment, was appropriately secured and was in the interests of members.  As a fiduciary he'd have to make sure the owners of the money had ironclad prospects of getting their money back.   That's what you have to do when you manage other people's money on their behalf.

He'd also have to ask a few questions just to make sure no-pne was pulling a swifty and sending a bribe to a Party in government at the time.

NOT A BRIBE

Here is Mr Brien in his own words - the first question referred to Mr Brien's evidence that the "loan" was definitely in the membership's best interests - but check his words about why it was in the members interests!

Keep in mind this is the Vice President of the ETU,  like the deputy chairman of the board of a listed company like BHP.    So was it a properly set up loan with an agreement etc - or was it something Bernie knocked up for Sam and the boys?

Sam and the Sussex Street boys must have been in dire straits - because the money just had to race out the door straight away and Sam couldn't wait.   No time or a contract,  repayment schedule, interest rate schedule, security, legal opinions regarding the probity of the deal and those other troublesome details that bedevil the corporate world.   No, this is the Labor Party.

Consider for one minute the bleating if a large mining company handed over $3M to the Liberals and the deputy chairman said "oh yeah, we did it because we've got a few bits of regulation we want changed, they weren't sure if we could get it through as a donation or loan so we just kept it all a bit flex.  It was just before Christmas so it was a helluva hurry - but worth it, yeah, for sure."

So all the money goes to members for payout when they retire?   Bullshit.

Some of Australia’s biggest industry superannuation outfits are using member funds to quietly bankroll a new online news venture guided by Crikey backer Eric Beecher, with plans to promote the venture to their millions of members.

The site, to be named The New Daily, is set to launch this week – the latest entrant to an increasingly crowded online news field in Australia.

The industry super funds ploughing $3 million into the venture include AustralianSuper, the country’s biggest superannuation fund, United Super, the trustee of construction industry fund Cbus, and Industry Super Holdings, a company that owns various industry fund entities.

Former Age editor Bruce Guthrie is understood to be the site’s editor-in-chief. Several Labor, union, media and industry fund identities – including industry funds stalwart Garry Weaven, former Victorian premier Steve Bracks – are believed to be, or have recently been, connected to the venture. 

The directors include former ACTU official Garry Weaven and former Labor Premier Steve Bracks. Guthrie is, of course, of the Left, as is Beecher.

By the way, note one critical difference. Conservative journalism tends to survive on the support of its audience. Leftist journalism tends to survive on the support of taxpayers and rich benefactors.

Here is the link to the grants program.

In simple terms, Australia borrows money from China to send to Indonesia where it's handed to the person who comes up with the best way to spend the money (as chosen by the Ambassador's driver).

Media Release

24 April 2015

Small Grants Program Open for Applications

The Australian Embassy Jakarta is now calling for applicants from Indonesia and Australia to submit project proposals that promote, foster and support professional, community or institutional initiatives, which support the Australian Government’s development cooperation objectives.

The Embassy supports projects that create and/or strengthen existing networks, contacts, partnerships and or institutional linkages between Indonesia and Australia.

The Embassy small grants are intended to provide seed funding for activities which will become self-sustaining. Projects must commence after June 2015. Grant funding is awarded through a competitive selection process.

Applicants are encouraged to familiarise themselves with the Grant Guidelines, which are available at www.indonesia.embassy.gov.au/jakt/grant_guidelines.html and provide all mandatory requested information and documentation. Applications must be completed on the application form available at www.indonesia.embassy.gov.au/files/jakt/grants_form.docx and lodged by email to [email protected] with subject: Small Grants Program by Friday 15 May 2015.

Media Enquiries: 
Alison Purnell, Cultural Counsellor tel. (021) 2550 5260

#Australia's Small Grants Program (<$20,000) - Deadline 15 May for #Indonesia applications | @DubesAustralia @DFAT | http://t.co/pqNd45W084

— Indonesia Australia (@IndonesiaAust) April 28, 2015

The Jakarta Post quoting the RI Attorney General confirming that Sukumaran and Chan were shot and killed earlier today.

RI executes 8 drug convicts 

Defying intense pressure from the international community, the government executed eight death row prisoners early on Wednesday on Nusakambangan prison island near Cilacap in Central Java.

"We've carried out the executions," said an Attorney General’s Office (AGO) official, talking to the press on condition of anonymity.

The eight were Indonesian Zainal Abidin, Australians Andrew Chan and Myuran Sukumaran, Brazilian Rodrigo Gularte, Nigerians Sylvester Obiekwe Nwolise, Raheem Agbaje Salami and Okwudili Oyatanze, Ghanaian Martin Anderson.

Mary Jane Fiesta Veloso of the Philippines was spared after a woman who allegedly recruited her to act as a drug courier gave himself up to police in the Philippines on Tuesday.

"The executions were carried out at 12:30 a.m.," Suhendro Putro, funeral director with the Javanese Christian Church (GKJ) in Cilacap, said in a short message service.

AGO spokesman Tony Spontana said the government had agreed to the final requests fielded by two Australian death-row convicts for their bodies to be flown to Australia for burial.

A Cilacap Police officer said that after the executions, prayers were said for each person according to their respective religion. "The executions went well, without any disruptions," he said.

The AGO stated that the executions had been carried out after it had heard all eight convicts’ final requests.

The execution was the second round after the first was carried out on

- See more at: http://www.thejakartapost.com/news/2015/04/29/ri-executes-8-drug-convicts.html#sthash.z4iNGWED.dpuf

At least they can act.

This video from "celebrities" calls on Tony Abbott and his government to "do more".   Tony Abbott should "get over there to Indonesia" and "bring our boys home".   He should "stick up for his citizens" and the list of presumed omissions delivered by the "I stand for mercy' celebrity team just spews on and on and on.

5 minutes on Google will reveal the extent of the Federal Government's herculean efforts to influence Indonesian internal  processes in this matter.   I can't think of a stone unturned, a vague hope untried, a chance to make a phone call foregone.   From informed observers there's unanimity on one point - the government has done all that could be hoped by way of vigorous representations to the Republic of Indonesia in favour of the lives of these Australian felons.

This article isn't about the rights and wrongs of Chan and Sukamaran, nor about the death sentence.   It's about the vacuous nature of celebrity, the presumption against "Abbott" - plus the fact that lines delivered by actors, even gravitas-laden lines delivered by actors, are just that.   Lines.   Could be right, could be wrong.   Who cares, everyone hates Abbott anyone.  Right?

PS - Why didn't they direct their helpful hints on governing to the President Widodo of Indonesia?

Commissioner Heydon made a finding of "left-winger, inherently unlikely to commit fraud offences"  about Julia Gillard's role in the AWU WRA Inc scandal.

Some may agree with the Commissioner.  

The "left-winger, inherently unlikely to commit fraud offences" defence is rare and novel.    It seems to exist only in John Dyson Heydon AC Q's orbit, I've seen no judge instruct a jury about it in a criminal trial.

I don't think a jury will hear about Gillard's happy "left-winger" immunity at all.   What it will hear is solid evidence.

John Dyson Heydon is an eminent legal mind.   But he's just one man.   There may be other lawyers who don't know that Left-Wingers can't be charged for fraud.   Other legal minds might look instead at the evidence against Gillard and see a strong case.

Ralph Blewitt says he will plead not guilty to any criminal charges he may face arising from his part in the Gillard/Wilson frauds.   That means the Crown will have to prove every element of any case against him - and that will expose the roles of his co-conspirators including Gillard. 

So here's another legal opinion from a criminal barrister about the evidence.

On 9 August 2014 The Australian newspaper published the following story.  

It's based on a 2,400 word Report by Russell Hanson QC.   It sets out the offences disclosed in Gillard's course of conduct. Hanson QC's report was based on the known evidence, admissible in a criminal trial and including the circumstantial evidence from which inferences can be drawn against Gillard. It's a solid report from a practitioner with vast experience in the nitty gritty of our down and dirty criminal courts - as opposed to the Philip Street Equity gentlemen presiding over the TURC.   Where left-wingers enjoy protections hitherto unknown to jurisprudence. 

Office of PM always warrants scrutiny

I thought you might appreciate another read of Ralph's note published here in late January this year.

TUESDAY, 27 JANUARY 2015

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Yesterday's transcripts:

• Transcript of public hearing—27 April2015 [PDF 1MB]
• Transcript of public hearing—27 April 2015 [DOC 475KB]

First witness - Russell Wilson

The cross-exaination of Mr Wilson continues - Counsel for the ETU and several of its officers is questioning him about witness statements made by others and whether or not Mr Wilson has read each of those statements.   Mr Wilson states he's read some of them.

About ten minutes of the proceedings were consumed with paper shuffling and document examining.

Counsel for the ETU put to Mr Wilson that he is "out to get" Mr Riordan, Mr Butler and other ETU officials, that he is disgruntled and disillusioned.

Mr Wilson gave evidence that one person who spoke out against the union leadership was sent to a psychiatrist to test his sanity.   He passed.

Mr Wilson gave an emphatic and enthusiastic "yes" in answer to a question that asked whether he believed that people who speak out against the ETU's leaders become subject to intimidation, threats or other punishment.

Mr Wilson is being subjected to a very detailed cross examination on the issues of Wilson's evidence that the loan to the ALP was not approved and other matters - he has not been shaken from the positions he took in his evidence in chief.

This commentary on the hearing so far comes from reader St George - I thought you'd like it.

11:20 - finally Stoljar gets up of his arse and stands up for the witness and the line of questioning. Lets get serious here - Dastayri asks for $500K to support an election campaign. Riordan coffs up the money without approval from the state council, indeed he makes the transfer without a pink slip (approval from the state council), and asks his PA to make that transfer. After the event, Riordan then invents a state executive approval that did not exist. After he receives some queries from state councillors he askes the union lawyer (Rayburn) to do a sham audit that approves the loan process. Then they expect guys like Wilson to accept that load of cobblers. The TURC should chase the original loan document together with its schedules. They didn't exist before the payment was made. That would put an end to this bloody nonsense. Wilson's basic complaint is that approval for a $500K loan was not given. The TURC is allowing the badgering and personal corruption of an honest witness. Why would any potential whistle blower ever come before a Royal Commission. The old chestnut of legal professional opinion is now being raised. Bloody hell!!

Time rolls on very slowly during cross examinations!  At 11.51 Counsel for the ETU finished his examination of Mr Wilson - Counsel for other affected parties are now lining up to take a shot.

 At 12.45 Mr Wilson was excused .

The next witness is James MacFadyen.

Mr MacFadyen has been sworn and his witness statement has been adopted and tendered into evidence.

Mr MacFadyen is the national president of the ETU and the NSW branch ETU President.    He is also an office holder in the ALP, President of a branch of the party.

At 1.06 The Commission adjourned until 12pM.

At 2PM The Commission recommenced - Mr MacFadyen remains in the witness box.

Mr MacFadyen agrees with Mr Stoljar SC that his "recollection" of the seminal December 2011 Executive and Counsel meetings is faulty.   He agrees that the best record of those meetings is in fact the minutes recorded at the time.  Better red face than perjury.