I can't see why the Royal Commission hasn't recommended criminal charges of theft by deception.

These men appropriated these vehicles, Counsel Assisting the Commission submits that they dishonestly concealed their use of union money to buy the vehicles in their own name.   How is that not theft and a matter for the police and criminal justice system? 

 The Commission should find that he deliberately and dishonestly concealed the purchase of his Ford from the BCOM and that in so doing he breached his duties as an officer of the Branch.

CONCLUSIONS REGARDING CONDUCT OF MR MCGIVERON AND MR BURTON IN RELATION TO THE FORD F350s

 95. For the reasons identified in section E, above, Mr McGiveron: 

a)  on 18 July 2012 breached his fiduciary duty not to act in a position of conflict and contravened   s  286  of  the  FW(RO)  Act  by  proposing  and  voting  on  the  Car Resolution; and

(b) on  24  July  2012  breached  the  National  Rules  and  Branch  Rules,  breached  his fiduciary duty not to act in a position of conflict and contravened s 286 and s 287 of the FW(RO) Act by failing to seek BCOM approval prior to entering into contracts for the purchase of the Ford F350s and instructing Ms Hodgson to make a payment of $80,000 by way of deposit on those cars.

96. For the reasons identified in section E, above, Mr Burton:

(a)  Breached his fiduciary duty not to act in a position of conflict and his statutory duties under s 285 and s 286 by failing to disclose to the BCOM the proposed purchase of the F350s and its purpose.

 (b) Breached the National Rules and Branch Rules, breached his fiduciary duty not to act in a position  of conflict and contravened  s 286 and s 287 of the FW(RO)  Act by failing to seek BCOM approval prior to entering into contracts for the purchase of the Ford  F350s  and  instructing  Ms  Hodgson  to  make  a  payment  of  $228,000  to Barbagallo to complete the purchase of the Fords.

(c)  Breached the National Rules and Branch Rules, breached his fiduciary duty to act in good  faith  for  a  proper  purpose  and  contravened  sections  286  and  287  of  the FW(RO) Act by failing to seek BCOM approval prior to notifying Mr McGiveron that he had been granted ownership of a Ford F350 on May 2013.

97.       For  the  reasons  identified  in  section  F,  above  Mr  Burton  dishonestly  concealed  the purchase of his Ford from the BCOM and in so doing he breached his fiduciary duties to act in good faith and for proper purposes and his statutory duties under sections 286 and 287 of the FW(RO) Act.

We reported the matter here:

http://www.michaelsmithnews.com/2015/05/ford-f350-because-former-twu-leaders-just-want-onefor-free-ok.html

http://www.michaelsmithnews.com/2015/05/click-here-to-watch-the-turcs-tw-ute-gate-.html

http://www.michaelsmithnews.com/2015/05/click-here-to-watch-the-trade-union-royal-commission-attending-to-grave-threats-to-the-nation.html

http://www.michaelsmithnews.com/2015/05/jim-mcgiveron-humled-by-twutegate.html

http://www.michaelsmithnews.com/2015/05/click-here-to-watch-twutegate-live-at-the-turc.html

http://www.michaelsmithnews.com/2015/05/barbagallo-motors-where-cashed-up-trade-union-officials-spend-other-peoples-money-.html