CLICK HERE TO WATCH LIVE

The Commission's hearing has commenced with some legal argument.

Former  TWU WA Secretary Richard Burton has been called and sworn, he has adopted two witness statements (with amendments and after a submission by Counsel for Mr McGiveron) which have been tendered and received into evidence.   

Mr Scruby didn't waste any time this morning - his first question to Mr Burton was "do you accept the proposition that you attempted to conceal the purchase of the Ford F350s from the Branch Committee of Management?"

"No."

One F350 was registered in his name, at his address.   He was shown the application to license/register the vehicle in his name and at his address.   Printed onto the form was the address for the TWU - someone in hand writing has ruled that out and replaced it with Mr Burton's home address.  Mr Burton states that it wasn't his handwriting - he disagreed with the proposition that he instructed someone else to change the address from the TWU office to Mr Burton's home address.   It just happened by magic, by the magic pen held by the hand of a benevolent and TWU-official-friendly God.

The Commissioner has intervened to make sure that Mr Burton's evidence has been understood clearly.   Yep.

Mr Burton is now being shown licensing/registration documents in respect of some more conventional purchases of vehicles, Mazda vehicles, for the TWU.   On those documents the Post Office for the branch appears on the application forms for licensing/registration.   While Mr Burton is identified with his hone address, the branch's address and post office box all appear.   The difference with the Ford F350 is that all reference to the branch has been scratched out - in the case of the uncontroversial purchases the branch address appears.

Mr Burton is in quite a bit of bother here - he had personalised number plates before the magic free F350 turned up in his drive.   The personalised number plates from his former private vehicle (an F250 which was tired and unbecoming the prestige and position of a TWU WA Branch leader) were transferred to the magical free F350.   

But it was still the TWU's vehicle, Burton never thought of it as his own.   Because that would come pretty close to theft by deception and that's a crime.

Even though Mr Burton was telling all and sundry that "I bought the F350, I sold me old F250 to me son-in-law - the changeover cost me about a hundred grand".

Mr Burton was shown the union's statement of claim in proceedings filed in the Federal Court by the union against him.   He disagrees with some apparently uncontroversial elements of the union's case, including the relative prices of various vehicles.   He was shown other documents exhibited during the examination of Mr Starr - the Commissioner intervened to ask about the Federal Court proceedings, Mr Burton explained that the matter is headed to a court supervised mediation on 18 July this year.

Mr Burton also denied various factual propositions put forward by Mr Scruby which, if proven, would support the contention that Mr Burton was deceiving or concealing the purchase of the F350s from the Branch Committee of Management.   Mr Burton continues to deny propositions of that ilk.   

It must have been lovely to be a union official during the McGiveron/Burton days of wine and roses and big-guy-utes all on the union card.

Great personalised number plates from history - thanks to Underminder who wishes to see the following tendered into evidence:

These Federal Court proceedings appear to involve Mr Burton and the union.

Classic lines from this witness include this, "Excuse me Mr Scruby, can I just take you back one step if I like".

AT 1130 THE COMMISSION ADJOURNED FOR TIM TAMS AND CHAI LATTE

I note a bit of commentary about Mr Scruby's performance - I think he's covering the important points in great - if exceedingly great - detail.   No one is getting away with anything.   And while everyone else is out on the durries or gossiping during the break - here's Mr Scruby beavering away at the notes.

 At 11.50 the Commission recommenced its hearing.

Mr Burton has entered the twilight zone

Mr  Burton has given a range of very confused and confusing evidence.   He told the Commissioner that the F350 wasn't his - it was just stored at his garage.   He also allowed his personalised number plate to be placed on the vehicle to relieve the TWU of the burden of getting their rego plates put on.   And he very generously allowed it to be registered in his own name, once again relieving the TWU of the burden of getting their details recorded on the rego.   Exceptionally selfless.

The excruciating details continue to spew forth like sausages of dubious and odious origin.   As a spectator the most startling thing I take away is Mr Burton's apparent self-belief and straight face.  I can't imagine how he does not succumb to the force of nature that must be at work in his head saying, "mate, you sound like a dill, just nod to it".

At 1PM the Commission adjourned for lunch in various brown paper bags.

AT 2PM the Commission recommenced its hearing

At 12.35 the hearing continues - it's still going and going.

Mr Burton is being shown a range of documents largely from the Exhibits associated with Starr MFI 1 (those documents are not yet published). 

Mr Burton was shown the letter he wrote to Jim McGiveron sadly, in fact terribly sadly (for the members of the TWU that is) Mr Mr McGiveron would have to be made redundant after only a few months working (or gathering facts) in the new job.

The sensible view of the world was put to Mr Burton by Mr Scruby - that there was no startling change to Western Australia's economy and need to transport goods to the extent that the "Special Projects Officer" off the TWU's services would no longer be required.   Mr Burton is still somewhere out there in La La Land and cannot see the compelling logic underlying young Mr Scruby's eminently sensible and realistic view of the real world on planet earth.

Scrupulous Scruby has assiduously applied the procedural fairness provisions of the rule in Browne v Dunn to the other-worldly apparition formerly known as Richard Burton.

Every conceivable opportunity has been afforded Mr Burton - sadly not much by way of convincing reason has been given for the Burton/McGiveron extravaganza spendathon carnivale.

AT 2.51PM the bells tolled loudly and Mr Scruby ceased his scholarly exposition of Burton's prodigal ways with OPM.

The joy was short-lived because the next cab of the barrister-at-law ranks was James Glissan QC who has the market for long-wind cornered.

Mr Glissan, "did you intend for  Mr O'Connor (the Pilbarra bloke) to have an F350" - "yes".

Glissan, "Did you tell Mr O'Connor?"  - "No", "Why not?   Was it going to be a surprise Christmas present?"

Mr Burton says "it had nothing to do with me" in relation to most contentious points.   

Astute observers of the Royal Commission may be interested to compare and contrast

• the latitude afforded Mr Glissan in the traversal of ground already covered by Counsel Assisting Mr Scruby in his examination of this witness; with
• the tightness of the choker chain and leash that the Commissioner used to yank Ralph Blewitt's mouthpiece Bob Galbally to heel when he tried to question Ms Gillard 

Astute observers will have their own view.   I have mine.   It's simply outrageous and bloody unfair.  Just for clarity - the unfairness is not related to Mr Burton's treatment, rather it's to the accommodations afforded Ms Gillard.   An outrage.

Mr Glissan is doing a devastating job of unsettling this witness.   I feel a bit sorry for young Mr Scruby who I hope is learning something from this afternoon.

He was examined by every conceivable counsel.

At 3.59 PM Mr Scruby asked a couple of extra questions.

At 4.02PM Mr Burton was excused.

THE COMMISSION IS ADJOURNED UNTIL 10AM TUESDAY NEXT WEEK

The #TURoyalComm TWU WA hearing has adjourned to a later date. The Commission resumes next Tues 10am http://t.co/gi3cXhjnla #turc #auspol

— TU Royal Commission (@TURoyalComm) May 13, 2015