This is the liar Christine Nixon purportedly doing her job as the Chief of Victoria Police.
While acting as a police woman, Ms Nixon was working on the "My legacy, my book, my speeches and My Free Flight" project. Here she is about to board a Qantas A380 on a free ticket she unlawfully accepted as Chief of Police and later lied about.
Chief owns up to junket blunder
THE Office of Police Integrity grilled Chief Commissioner Christine Nixon in a private hearing over her free Qantas trip and demanded she issue yesterday's embarrassing apology that she should not have accepted the flight.
Ms Nixon was officially summoned to a confidential OPI session on Thursday, where director Michael Strong made it clear to her that she had breached the police internal code of conduct on accepting gifts.
She was told that unless she apologised and agreed to make a repayment there would be a protracted investigation into the free flights fiasco — a controversy that would cloud her last few months in office.
The Age can reveal that the OPI began its investigation after it received a complaint from Qantas, which had provided the trip for Ms Nixon and her husband, John Becquet, a former executive with the airline.
Ms Nixon and Mr Becquet were guests with VIPs and media on the first flight of the airline's new A380 super jumbo from Melbourne to Los Angeles on October 20.
Four days later, Ms Nixon denied her position had led her to receive the offer, saying she had taken the flight to accompany her husband. "At no stage was this travel undertaken by me as part of my role as Chief Commissioner, nor was I representing Victoria Police," she said.
But Qantas told the OPI the offer was made to Ms Nixon because of her position as Chief Commissioner.
Qantas contacted the OPI after it received a series of complaints from former executives asking why they had not been offered the same flight.
Here she is with another exponent of the my legacy, my entitlements, my book, my speeches and my free flights cult of self-worship.
Nixon the plastic pretend policewoman didn't like Fish and she wanted him out of the coppers. I have disclosures to make, I like Fish Mullet, I was in hospital with him when we were both wounded in the 1980s. I also worked with Wayne Teddy Taylor when he was a senior connie at Collingwood and I hope Fish gets up in his full case against the pretend policewoman.
Fish had a win against Nixon at the Supreme Court a couple of days ago.
In issue was Nixon's purported claim to client legal professional privilege over legal advice she'd blurted out in public.
Mullett v Nixon & Ors (Subpoena Application) [2016] VSC 129 (4 April 2016)
Last Updated: 5 April 2016
| IN THE SUPREME COURT OF VICTORIA |
Not Restricted
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AT MELBOURNE
COMMON LAW DIVISION
S CI 2013 01520
| PAUL REDMOND MULLETT |
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| v |
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| CHRISTINE NIXON |
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| and |
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| KIERAN WALSHE |
Second Defendant
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| and |
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| WAYNE TAYLOR |
Third Defendant
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| JUDGE: |
J FORREST J |
| WHERE HELD: |
Melbourne |
| DATE OF HEARING: |
4 March 2016 |
| DATE OF RULING: |
4 April 2016 |
| CASE MAY BE CITED AS: |
Mullett v Nixon & ors (subpoena application) |
| MEDIUM NEUTRAL CITATION: |
[2016] VSC 129 |
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PRACTICE AND PROCEDURE - Subpoena – Production of documents - Claim for privilege – Disclosure waiver – Issue waiver – Associated document waiver – Derivative waiver – Tort of misfeasance in public office.
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| APPEARANCES: |
Counsel |
Solicitors |
| For the Plaintiff |
Mr A Panna QC |
Stephens Lawyers & Consultants |
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| For the Defendant |
Ms R Orr QC with
Mr D McCredden
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Victorian Government Solicitor’s Office |
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| For the Chief Commissioner of Police |
Dr McNicol QC with
Mr C Tran
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Herbert Smith Freehills |
HIS HONOUR:
Introduction
1 The plaintiff, Mr Paul Mullett, is suing former Chief Commissioner Christine Nixon over his suspension as a police officer in November 2007. He alleges that her actions were unlawful and constitute misfeasance in public office. The trial is set down before T Forrest J for 10 May 2016.
2 Mr Mullett was suspended pursuant to s 79(1) of the Police Regulation Act 1958 (Vic) (‘the Act’). Ms Nixon sought legal advice concerning the suspension. She does not have any documents concerning that advice in her possession - they are held by her successors.
3 In response to subpoenas, both the current Chief Commissioner and Victoria Police have now produced, amongst others, 41 documents related to legal advice given to Ms Nixon concerning Mr Mullett’s suspension. Ms Nixon objects to the production of the documents on the basis that they are covered by legal professional privilege. The Chief Commissioner supports this claim.
4 Mr Mullett accepts that the documents attract legal professional privilege. However, he contends that any privilege has been waived by reason of:
(a) disclosure waiver as a result of ‘media’ statements made to the public in relation to Mr Mullett’s suspension; and
(b) issue waiver as Ms Nixon relies upon legal advice given to her concerning the suspension in order to justify her decision to suspend Mr Mullett.
5 If there is a waiver of legal professional privilege, a further question arises: whether there is any derivative waiver in relation to documents which may be integral to an understanding of the documents over which privilege has been waived.
6 In the event that there has been a waiver, there is a question over which documents (if any) I should inspect to determine the extent of the waiver.
Here is the beau and his de facto bride Bruce and currently unlicensed lawyer Julia.
Julia and her firm gave Bruce legal advice. Bruce made a claim of client legal privilege over documents needed by police to properly prosecute Bruce and Julia. When the LNP was in power police were funded to fight Bruce's application.
Now they're not and Bruce's former lawyers have 79 documents that are relevant to us knowing what Gillard did.
Now the relevant bit to the Supreme Court's finding above.
Bruce went on the ABC's 730 program and answered this question, given elucidatory remarks in a continuous stream thereafter.
CARO MELDRUM-HANNA: What was her advice?
BRUCE WILSON: Simply there was some forms that needed to be filled out in a different manner. It was a bit like going and asking... for example, "This form didn't look right, that one didn't, what do we need to do?" She made the necessary changes. I told her that Ralph was going to then re-lodge the forms. She said, "Well, jeez, if that's the case I better fill this out," and that's where everyone makes a fuss now because she's got handwriting on the form. It's not a real big deal, to be honest with you.
CARO MELDRUM-HANNA: So just to clarify: Julia Gillard's role in instructing you to incorporate that fund, she herself filled out paperwork?
BRUCE WILSON: She filled out on the front page the words "Australian Workers Union", dash, "Workplace Reform Association." I think that was the extend of any writing that was put on it by her.
CARO MELDRUM-HANNA: According to what's being reported now, there appears to be discrepancies regarding the purpose of the association. Was it a re-election fund or was it designed to promote workplace reform?
BRUCE WILSON: Well, there were... if anybody took the time to look at the document, they would find that there was probably about seven or eight points about what the association was hoping to achieve. We weren't going to then have a love fest and just sit around and talk about those things; they had to be done and there was a way of doing them. We had to raise money. Any of those sorts of things you can't do unless you have money. We raised money, and part of that would have been also for officials of... or maybe people weren't even officials at the time to be elected to carry out the objectives of the association.
CARO MELDRUM-HANNA: Do you ever recall telling Julia Gillard that it was, in its true form, a "slush fund"?
BRUCE WILSON: I don't know if I would have used the word "slush fund". I probably would have said something like, "It will also be used to finance campaigns for union officials or people that weren't currently union officials that we wanted to bring into the organisation." So perhaps, but did I use the word slush fund? Yeah, maybe, I don't know.
CARO MELDRUM-HANNA: Former union employees have since claimed that you instructed... well, one of them, to deposit money into Julia Gillard's account. It was an amount of $5,000 at a time when she was doing renovations to her house. What's your recollection of this?
BRUCE WILSON: Firstly the person... I've seen the press on it, he wasn't an official of the union, he was an employee of the union. Did I ask Wayne Hem to do that? Perhaps. Specifically can I recall it? No, I can't.
CARO MELDRUM-HANNA: Was money used from the AWU Association on Julia Gillard's renovations at her home?
BRUCE WILSON: Not at all.
CARO MELDRUM-HANNA: You didn't give Ms Gillard any money for those renovations?
BRUCE WILSON: No, not at all, never.
CARO MELDRUM-HANNA: So there is absolutely no credit to rumours that that occurred?
BRUCE WILSON: It just didn't happen. I mean, I just... this gets recycled and recycled and recycled. Why it continues to get a guernsey is beyond me. Well, it's not beyond me, I understand there's a group of people intent on doing as much damage to the Prime Minister as they possibly can at the moment.
CARO MELDRUM-HANNA: So you maintain that no money from the slush fund was used on Ms Gillard's renovations on her home at that time. Was there also no money that you deposited from the slush fund into her account for other reasons?
BRUCE WILSON: I didn't deposit any money into her account for other reasons, and the only thing that may have happened - and I'm not saying it did or it didn't, I just don't recall - is the $5,000 that Wayne Hem... If he says - and Wayne was a nice enough guy; I mean, have no reason to be at odds with him - but if he says that happened then perhaps it did. I don't argue with that, but I just don't recall it.
CARO MELDRUM-HANNA: So Ms Gillard: did she benefit in any way from the operation of this slush fund?
BRUCE WILSON: Not at all.
CARO MELDRUM-HANNA: How much did you benefit financially from the operation of the fund?
BRUCE WILSON: I didn't benefit financially from it at all.
CARO MELDRUM-HANNA: I really want to clarify this because this is a point, and a big topic that has dogged you for many years now. It is the claim that you financially benefitted to the tune of thousands, hundreds of thousands of dollars from the slush fund?
BRUCE WILSON: It's not true, absolutely not true.
CARO MELDRUM-HANNA: How do you evidence that?
BRUCE WILSON: Well, precisely, how do you? I'd like someone to come and point to it and say, "Oh, that, there, you've got that or there you've got that." I haven't seen anybody to do that. I'd like to see them try.
CARO MELDRUM-HANNA: Was $100,000 - or approximately $100,000 - used from the slush fund to purchase a property on Kerr Street in Fitzroy?
BRUCE WILSON: Yeah, it was, yes.
CARO MELDRUM-HANNA: Now was that illegal?
BRUCE WILSON: No, not at all. It was the money of the association. It was not union money. It did not belong to the Australian Workers Union. Not one cent of AWU members' money went into that account. It was raised outside of the union. It may have run parallel to the union but members' money... the union gets its money from a number of places, the union itself: membership money; if they're lucky enough to have property they get rent; or they may sometimes get a grant or some donations. That's pretty much the sum source of a union's income.
CARO MELDRUM-HANNA: Why was the house then put in Ralph Blewitt's name?
BRUCE WILSON: It was just an easy... Ralph put his hand up for a start and said, "Just put it in my name." In the process of sitting around saying, "Oh look, might need to go there, do this", we discussed various options and Ralph put his hand up and said, "Just put it in my name if that's going to be the easiest thing to do." Fine, do that. I didn't want it in my name.
CARO MELDRUM-HANNA: Why?
BRUCE WILSON: I just... he was happy to put his hand up, I was happy for him to do it. It just didn't get a... it wasn't like let's flip a coin or anything like that. He put his hand up, fine, do it.
CARO MELDRUM-HANNA: What was Ms Gillard's role in relation to the purchase of that property on Kerr Street?
BRUCE WILSON: Um... to the extent that she was involved, she signed a power of attorney - and as I understand it that was about the extent of it.
CARO MELDRUM-HANNA: In addition to signing the power of attorney, Ms Gillard, did she also not attend the auction with you?
BRUCE WILSON: Yeah, oh... to be honest, I hadn't even recalled that until I read about it, but as I did read about it I, yeah, that happened.
CARO MELDRUM-HANNA: What do you recall now about that day, auction day?
BRUCE WILSON: Not much more.
CARO MELDRUM-HANNA: What was her role? Why was she there at the auction?
BRUCE WILSON: She was probably with me. We probably went together as people in a relationship do. You go and do things together.
CARO MELDRUM-HANNA: And did she help you in any way at all in the transactions on that day at auction?
BRUCE WILSON: Not that I'm aware of, no. I think I had some forms to sign, I signed them.
CARO MELDRUM-HANNA: And what was her role then after of the auction?
BRUCE WILSON: No role, she didn't have a role.
CARO MELDRUM-HANNA: She had a role though, didn't she, with the power of attorney?
BRUCE WILSON: But that was before the auction, that wasn't after the auction.
CARO MELDRUM-HANNA: After the property was purchased, did you live in it?
BRUCE WILSON: I... I lived... when I was in Melbourne I lived in it. I obviously spent a fair bit of time in Western Australia as well.
CARO MELDRUM-HANNA: And did Ms Gillard also stay at the property at Kerr Street?
BRUCE WILSON: Rarely. Occas... yeah, from time to time but very rarely. It wasn't a place that... because we had a whole lot of activity going on in the place. We had shop stewards in and out of the place, we had members in and out of the place.
CARO MELDRUM-HANNA: So Ms Gillard didn't handle any of the conveyancing?
BRUCE WILSON: She attended the auction with me, she arranged the power of attorney. After that I have no recollection of her ever being involved in anything to do with the property - other than, as you say, she came and occasionally stayed.
CARO MELDRUM-HANNA: The house on Kerr Street, Fitzroy, was sold. Who benefitted from the sale of that house? Did you receive any money?
BRUCE WILSON: I didn't even know the place had been sold. I heard subsequently that it had been. But I don't know the details, I don't know who arranged the sale of it.
CARO MELDRUM-HANNA: Well, Ralph Blewitt insists that he did not see any money of the sale of the house which was in his name?
BRUCE WILSON: Well, that, as I understand it, is not true.
CARO MELDRUM-HANNA: If you did not receive any financial benefit from the operation of the slush fund, from the sale of the house that was purchased using the money from the slush fund, then where has all the money gone?
BRUCE WILSON: Um... there was money sent back to the employers. Um... I think...
CARO MELDRUM-HANNA: People were paid back?
BRUCE WILSON: Yeah... on a particular date in August - I can't remember exactly when - there was a meeting at the Commonwealth Bank and a series of cheques were sent back to from where they came. The slush fund, as I said, in the same way that I treated the house I walked, I had nothing further to do with it, I had no idea, other than I read in the paper the other day some allegation that I was taking which was not true. And I would challenge anybody that says that I took them to check the bank or the cheques to withdraw the money, and if they find my signature on the cheque I'd be very surprised.
CARO MELDRUM-HANNA: Whose signature will they find?
BRUCE WILSON: Well, my guess is they will find Ralph's signature and my signature stamp. I did not take any money out of the account after I left the union.
CARO MELDRUM-HANNA: Do you have any knowledge that Ralph Blewitt had money from that slush fund in his personal possession?
BRUCE WILSON: I... I do. He told me once that he had taken a series of deposits out and that he had invested it in some fund. I subsequently found that that wasn't the case; that in fact Ralph had been accumulating the money at his place. He had been - and I know this sounds crazy - but he had been packaging it up and burying it in his backyard, of all things. How do I know that? He confessed at some stage, and he also showed me a package of money that he said... and I said to him, well he better dig it up and get it back into the bank. He showed me a package of money that had been destroyed. Obviously it had been in his garden or some such thing and, you know, got moist and destroyed the money.
CARO MELDRUM-HANNA: You would have been concerned then seeing this money that was from the fund if you saw that physically. Why didn't you... did you go to police?
BRUCE WILSON: I told him that... well, I didn't at that time. I told him that I would go to the police.
CARO MELDRUM-HANNA: Do you regret not going to the police then and there when you saw that?
BRUCE WILSON: I... well... I... I do, uh, in retrospect, given the whole... wheels fell off the whole construction industry branch several months later.
CARO MELDRUM-HANNA: So are you saying that Ralph Blewitt is the only one that used money from that slush fund inappropriately?
BRUCE WILSON: He was the only one that had access to it. I didn't. That only leaves him.
CARO MELDRUM-HANNA: You didn't operate together in conjunction? He's described as your accomplice in a fraud?
BRUCE WILSON: There was no fraud on my part, absolutely not.
CARO MELDRUM-HANNA: If there was no fraud on your part are you willing to go to police and provide a statement?
BRUCE WILSON: I haven't thought about that. As I said to you, when I left the union in 1995, I left it and I didn't think much about it after that. And I haven't for 17 years.
CARO MELDRUM-HANNA: What are your thoughts then now watching your former partner, Julia Gillard, who's now the Prime Minister, being dogged by this?
BRUCE WILSON: I feel sorry for her that she has to go through all this because it's just not warranted. There is no reason that she should be being hassled by a group of people... and I think there is a group of people, and it is only that group of people that are continuing to follow it through. And, for example, bringing Ralph to Australia, getting him to go to the police, is nothing more than keeping it in the news and that's what it's all about.
Bruce now says what she did and told him was confidential. Victoria Police have accepted that claim. Surely it's worth another visit to the Supreme Court to put this evidence before a Judge.
http://www.abc.net.au/7.30/content/2012/s3642322.htm