The Sydney Morning Herald
http://www.smh.com.au/news/9904/07/text/pageone4.html

Corrigan evidence referred to DPP

Date: 07/04/99

By PAUL ROBINSON

The Australian Industrial Relations Commission has referred evidence given
by the chairman of Patrick Stevedores, Mr Chris Corrigan, during the
waterfront dispute to the Federal Director of Public Prosecutions.

The commission has raised questions with the DPP about the evidence given
by Mr Corrigan in February 1998 concerning his financial involvement in the
controversial Dubai training exercise.

It is believed the commission's former registrar, Mr Michael Kelly,
notified the DPP late last year of the concern of
vice-president Iain Ross following financial and documentary evidence
presented in affidavits by Mr Corrigan's business associates last May.

The revelations come a year to the day after Mr Corrigan's company, Patrick
Stevedores, locked out its Maritime Union of Australia workforce and
attempted to replace them with trained, non-union labour.

A spokeswoman for Patrick said Mr Corrigan was not aware of any concerns in
relation to the evidence he had given. "This is all a bit of a surprise to
us ... Chris Corrigan stands by his evidence to the AIRC," she said.

Mr Kelly is believed to have referred the matter to the then DPP, Mr Brian
Martin, who became a Supreme Court judge in South Australia earlier this
year. Justice Martin refused to comment on the specific issue but said
generally the DPP often engaged in dialogue and correspondence with courts
about their concerns without the need for formal references.

A spokeswoman for the acting DPP, Mr Peter Walsh, said: "The office does
not comment on operational matters."

Mr Kelly said he had been asked about Mr Corrigan's evidence at a Senate
inquiry last June: "I told them that no complaint had been made at that
time." Asked if a complaint had since been made, Mr Kelly said: "No comment."

The commission president, Justice Geoff Giudice, and Mr Ross were also
unavailable for comment.

The affidavits, filed by Mr Mike Wells of Fynwest, a company formed to
enlist former military men for waterfront training in Dubai, showed that Mr
Corrigan appeared to have a financial involvement in the exercise.

However, Mr Corrigan told the February 1998 hearing of the commission,
before Mr Ross, that he was not financially involved in the project.
Patrick Stevedores called for the hearing to prevent industrial action by
waterside workers in Victoria. Asked in the hearing by the ACTU assistant
secretary, Mr Greg Combet, if Mr Corrigan's approaches to Mr Wells involved
any "financial obligations" for Patrick or its parent company, Lang
Corporation, Mr Corrigan replied: "None." Mr Combet: " ... did Patrick's
Stevedoring accept any financial obligation at all in relation to the
recruitment of the personnel?"

Mr Corrigan: "No."

Mr Combet: "Did the Lang Corporation accept any financial obligation in
relation to the recruitment of personnel?"

Mr Corrigan: "No."

However, the Wells affidavit challenges Mr Corrigan's evidence: "The answer
is untrue. He totally funded the Dubai operation, refer to bank documents."

The documents refer to Fynwest bank statements and business agreements
released by Mr Wells. One document represents an
agreement between Container Terminal Management Services (CTMS), a company
directed by Mr Wells and his partner, Mr Peter Kilfoyle, and Patrick The
Australian Stevedores (PTAS), represented by its executive chairman, Mr
Corrigan. The agreement  is dated and signed by the three on October 23, 1997.

Under the agreement CTMS would act for Patrick in "selecting, recruiting
and training suitably qualified specialists in the Container Terminal
Operations areas to be provided as required to supplement specialist
staffing needs of PTAS".

The agreement stated that PTAS would pay CTMS an initial retainer of
$30,000 and a management fee of $4,000 a week from October 20, 1997. Under
the agreement, PTAS would also pay CTMS a "placement fee" of "end-agreed
salary for each staff member once signed up for specialist training". PTAS
would establish a line of credit with a bank nominated by CTMS and deposit
ongoing funds as required to cover training, movement, salaries and
accommodation costs of selected trainees.

The documents also show Commonwealth Bank, Ballarat, records on January 9,
1998. They list a credit of $125,000 from Patrick in an account named
International Port Services Account Training Group Pty Ltd, a company of
which Mr Wells was a director.

The ACTU's Mr Combet said the union movement was "surprised" at the
apparent lack of action over the "inconsistencies" between Mr Corrigan's
evidence and the material on the public record. "These inconsistencies must
be investigated. We call upon the responsible authorities to be as vigorous
as they generally are when running the ruler over unions." - The Age 

This material is subject to copyright and any unauthorised use, copying or
mirroring is prohibited. 


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