ROYAL COMMISSION INTO TRADE UNION
GOVERNANCE AND CORRUPTION
Level 19, 55 Market Street, Sydney, NSW, 2000
On Thursday, 29 October 2015 at 10.00am
CFMEU ZAF
Before the Commissioner: The Hon. John Dyson Heydon
AC QC
Counsel Assisting: Ms Sarah McNaughton SC
Mr Michael Elliott
Instructed by: Minter Ellison
.29/10/2015 CFMEU ZAF 1
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1 THE COMMISSIONER: Yes, Ms McNaughton.
2
3 MS McNAUGHTON: Thank you Commissioner. The hearing today
4 is the resumption of a case study which was heard last year
5 concerning evidence given by Andrew Zaf, a witness from
6 Victoria. That case study had reached a final stage but,
7 as set out at chapter 8.11 of the Interim Report, shortly
8 before that report was completed, material came to the
9 attention of the Commission which required further
10 investigation before any concluded findings could be made.
11
12 The additional material today goes to the credibility
13 of Mr Zaf. It has been provided by a witness by the name
14 of Gary Cheetham. Mr Cheetham was a business associate and
15 friend of Mr Zaf. In 2014 the two men had a falling out.
16 Given the nature of their relationship and the material
17 provided by Mr Cheetham, the Commission has attempted to
18 investigate the claims of Mr Cheetham with a view to seeing
19 if they have independent support. The Commission is
20 concerned to properly confine this hearing to raising
21 issues of credibility appropriately and fairly, without
22 taking up a disproportionate amount of time.
23
24 It may be recalled that Mr Zaf gave evidence last year
25 by way of a statement dated 29 June 2014 and oral evidence
26 on 8 July and 17 September 2014. Other witnesses were also
27 called who gave evidence in relation to some of the matters
28 raised by Mr Zaf which put a number of matters in issue.
29
30 The evidence expected today from Mr Cheetham is to the
31 effect that Mr Zaf is a man who should not be believed.
32 For instance, in relation to the allegation that Mr Zaf has
33 supplied roofing materials to John Setka free of charge,
34 Mr Cheetham is expected to say that Mr Zaf told him that he
35 supplied the roofing materials at cost, not free of charge.
36
37 Mr Cheetham is also expected to say that Mr Zaf
38 admitted to him that the injuries sustained by Mr Zaf in
39 March 2014, described by Mr Zaf as retribution for being
40 involved in an ABC Television story on the 7.30 program,
41 were self-inflicted.
42
43 It is to be noted that the Commission's inquiries of
44 Victoria Police last year about this were met with a claim
45 of public interest immunity. When further inquiries were
46 made by the Commission in recent months, the police did not
47 continue to maintain their claim as they had formally
.29/10/2015 CFMEU ZAF 2
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1 concluded their investigations in relation to this issue.
2
3 It appears that Victoria Police commenced their
4 investigations into the possibility of the self-infliction
5 of injuries shortly after the incident and prior to any
6 complaint by Mr Cheetham.
7
8 A forensic medical report prepared for the police in
9 April 2014, recently obtained by the Commission, is not
10 definitive one way or the other, in that it stated that
11 certain features of the incident and injuries raised the
12 possibility of self-infliction whilst other features did
13 not.
14
15 A note from a senior police officer commenting on a
16 more wide ranging police report of September 2015 stated
17 that the evidence relating to the incident indicated that a
18 false report had been made but there was insufficient
19 evidence to support that charge.
20
21 Mr Cheetham is also expected to give evidence that
22 Mr Zaf submitted false invoices to the developer Stockland
23 in relation to some land Mr Zaf was working on in Victoria.
24
25 The Commission has obtained independent evidence which
26 shows that the invoices in question were not true and did
27 not reflect actual work done and they were, in fact,
28 supplied by or on behalf of Mr Zaf to Stockland.
29
30 Mr Cheetham is also expected to say that this issue
31 was bound up in a larger issue of Mr Zaf illegally dumping
32 asbestos while claiming to remediate land. However,
33 despite Mr Cheetham claiming to be able to prove this, the
34 Commission has, to date, been unable to find any direct
35 evidence to support this claim.
36
37 Mr Zaf will have an opportunity to respond to
38 Mr Cheetham's claims.
39
40 THE COMMISSIONER: Yes, thank you.
41
42 MS McNAUGHTON: There are appearances.
43
44 THE COMMISSIONER: Mr Oates?
45
46 MR E OATES: If the Commission pleases, my name is Oates,
47 I seek leave to appear for Mr Zaf.
.29/10/2015 CFMEU ZAF 3
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1
2 THE COMMISSIONER: Yes, certainly Mr Oates.
3
4 MR READ: May it please the Commission, my name is Read.
5 I seek permission to appear for Mr Cheetham.
6
7 THE COMMISSIONER: Yes, thank you.
8
9 MS McNAUGHTON: Yes, I call Mr Cheetham
10
11 <GARY RUSSELL CHEETHAM, affirmed: [10.10am]
12
13 <EXAMINATION BY MS McNAUGHTON:
14
15 MS McNAUGHTON: Q. Could you please tell the Commission
16 your full name?
17 A. Gary Russell Cheetham.
18
19 Q. Your occupation?
20 A. I'm a supervisor for a construction company.
21
22 Q. You have made a number of statements in relation to
23 Mr Zaf; is that right?
24 A. That's right.
25
26 Q. You made a police statement on 11 December 2014?
27 A. With David Neal, yes.
28
29 Q. And you've made a more recent statement; is that
30 right?
31 A. Recently I did make another one, yes.
32
33 Q. Was that yesterday that you made or finalised that
34 more recent statement?
35 A. Yes, late afternoon.
36
37 Q. Yes. Could I show you, please, the police statement
38 and your more recent statement. Do you see the first of
39 the documents has the Victoria Police logo on it?
40 A. Yes.
41
42 Q. You made that statement?
43 A. Yes, I did.
44
45 Q. That was on 11 December 2014, was it?
46 A. That's correct.
47
.29/10/2015 CFMEU ZAF 4 G R CHEETHAM (Ms McNaughton)
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1 Q. I don't think it has the year on that statement, as it
2 turns out, but can you confirm it was 2014 that it was
3 made?
4 A. Yes.
5
6 Q. The other statement is headed "Supplementary Witness
7 Statement of Gary Russell Cheetham"?
8 A. That's right.
9
10 Q. Is that the statement you made yesterday, sir?
11 A. I did.
12
13 Q. Are they true and correct?
14 A. They are true and correct.
15
16 MS McNAUGHTON: Could they be received into evidence,
17 Commissioner.
18
19 THE COMMISSIONER: Those statements are received into
20 evidence.
21
22 STATEMENTS OF GARY RUSSELL CHEETHAM DATED 11/12/2014 AND
23 28/10/2015
24
25 THE COMMISSIONER: I've got the second one but where would
26 I find the first one?
27
28 MS McNAUGHTON: The first one is at page 36 of the bundle.
29 If it is convenient, Commissioner, might I tender one
30 volume of material. We are actually withdrawing from the
31 bundle a number of documents later on in the bundle. Could
32 I just indicate that yesterday, I think it was, we put on
33 further material, and that was paginated. We are taking
34 out, for the moment, pages 1 through to 50 of that
35 additional material that was added, of the paginated
36 material. We are leaving in pages 51 of the additional
37 material through to 55, I think it is, and also a very
38 small additional bundle which was not paginated, we are
39 leaving that further material in as well.
40
41 THE COMMISSIONER: I have a thing called "CFMEU Zaf 2015
42 Hearing Bundle" and on page 36 of that we have
43 Mr Cheetham's first statement. Is that the bundle you were
44 just talking about?
45
46 MS McNAUGHTON: Yes.
47
.29/10/2015 CFMEU ZAF 5 G R CHEETHAM (Ms McNaughton)
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1 THE COMMISSIONER: Yet, you say you with want to withdraw
2 pages 1 to 50 which includes Mr Cheetham's first statement.
3
4 MS McNAUGHTON: That's another version of it, that's
5 another reproduction of it. 1 to 50 of the supplementary
6 material. It is in a separate folder.
7
8 THE COMMISSIONER: Is that in an additional tender bundle?
9
10 MS McNAUGHTON: Yes. In fact, what I'm withdrawing, I'm
11 told, is pages 1 through to 50 of the additional tender
12 bundle and that leaves what is, what I am told, paginated,
13 I was wrong on that. We are leaving in pages 51 through to
14 the end, page 60.
15
16 THE COMMISSIONER: My copy isn't paginated. Do you want
17 to tender these bundles.
18
19 MS McNAUGHTON: Yes, please.
20
21 THE COMMISSIONER: The bundle first referred to which is
22 "CFMEU Vic Zaf 2015 Hearing Bundle" will be Zaf MFI-1, 29
23 October 2015. And the bundle which has on it "CFMEU Vic
24 Zaf Hearings 29 October 2015, Additional Tender Bundle",
25 will be Zaf MFI-2, 29 October 2015, subject to the rights
26 of counsel to object to any parts of them if they haven't
27 yet had a chance to do that and do so within a reasonable
28 time.
29
30 ZAF MFI-1, 29 OCTOBER 2015, "CFMEU VIC ZAF 2015 HEARING
31 BUNDLE"
32
33 ZAF MFI-2, 29 OCTOBER 2015, "CFMEU VIC ZAF HEARINGS
34 29 OCTOBER 2015, ADDITIONAL TENDER BUNDLE"
35
36
37 MS McNAUGHTON: Could I place on the record that in
38 relation to the material we've just withdrawn, I'm doing
39 that for convenience at this stage. If parties would like
40 to approach me at a convenient juncture as to further of
41 that material being taken into evidence, I certainly can
42 discuss that and we can hopefully work out a compromise
43 position.
44
45 MR AGIUS: Mr Commissioner, can I raise just what appears
46 to be an error in one document in the material that's just
47 been tendered?
.29/10/2015 CFMEU ZAF 6 G R CHEETHAM (Ms McNaughton)
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1
2 THE COMMISSIONER: Yes.
3
4 MR AGIUS: I think it is a typographical error. It is in
5 the Zaf tender bundle - that is, the original tender
6 bundle - at page 77. That is a statement of a police
7 officer, Detective Senior Constable David Neal. At
8 page 77, paragraph 13, he refers to 12 September 2015.
9 I think that should be 12 September 2014.
10
11 THE COMMISSIONER: Yes, that certainly sounds right. Do
12 you agree?
13
14 MS McNAUGHTON: I think that sounds right. Yes, without
15 further investigation, I think it does sound right.
16
17 THE COMMISSIONER: I'm going to mark the change Mr Agius
18 suggested, for enlightenment.
19
20 MS McNAUGHTON: Yes, Commissioner.
21
22 Q. Mr Cheetham, can I ask you, in relation to the
23 material you've provided, not only have you provided
24 statements to the police and to the Commission, you've also
25 provided a number of emails to a whole range of
26 organisations; is that right?
27 A. That's right.
28
29 Q. You did that from some time starting last year?
30 A. Late July up until probably later in the year.
31
32 Q. One of the organisations you contacted by way of email
33 was the Royal Commission?
34 A. I did. I think it was November 2014, from memory.
35
36 Q. Could the witness please have the larger bundle.
37 Could you turn to page 26, please. In relation to this
38 email and, indeed, all of the emails that you wrote to
39 various organisations, such as Whittlesea Council and the
40 EBA and the police and I think some Union organisations,
41 were you truthful in your emails?
42 A. 100 per cent truthful, and I didn't get a response.
43 I got one guy ring me from EPA, and he said it was more of
44 a WorkSafe issue, and I've got supporting evidence of
45 probably five or six emails I sent to those relevant
46 authorities, and mainly because it was a health risk, what
47 was happening.
.29/10/2015 CFMEU ZAF 7 G R CHEETHAM (Ms McNaughton)
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1
2 Q. We'll just come to that in a moment. Can I ask you,
3 before I take you to the details of this email at page 26,
4 you were, as you've indicated in your statement, a friend