David Hicks in proceeds of crime legal battle
A former US Guantanamo Bay guard will travel to Sydney this month to give evidence in David Hicks’s legal battle with the Director of Public Prosecutions.
The DPP has brought a case against Mr Hicks, arguing the profits of his memoir, Guantanamo: My Journey, are the proceeds of crime.
Brandon Neely, a guard at Guantanamo at the time of Mr Hicks’s detention, tweeted that he would give evidence in the case when it comes before the NSW Supreme Court on July 30.
Mr Neely has spoken publicly of the human rights abuses at Guantanamo, and is expected to testify under oath that any evidence obtained during the time Mr Hicks was in Guantanamo was unreliable due to his mistreatment there.
Just after midnight yesterday, Mr Neely tweeted about his involvement with the case.
“Going to OZ this month to testify under oath about #GTMO & David Hicks treatment” the tweet said.
A later tweet implied he would testify in favour of Mr Hicks.
“July 30th #Sydney Aus at the Supreme Court of NSW come out & support David Hicks as the Govt attempts 2 take his profits from his book #GTMO” Mr Neely tweeted.
If the court finds the evidence against Mr Hicks was obtained illegally or improperly, the judge may choose to exclude it from the case.
The DPP decided to pursue the case after receiving an initial brief from the Australian Federal Police. A spokesperson for the acting federal Attorney-General, Jason Clare, said that there was no governmental involvement in the case.
“All prosecutions, including this one, are decisions for the independent Director of Public Prosecutions” the spokesperson said.
(Source: “Hicks guard evidence”, James O’Doherty , SMH, July 8, 2012)
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Bar ordered to pay $889,000 after bouncer injured man
Civic nightclub Mooseheads has been ordered to pay a Canberra man more than $889,000 after he was seriously injured while being ejected from the club in 2001.
Allan Wormald’s 35th birthday celebrations went sour when a bouncer fell on top of him as he was being kicked out of the bar.
He sued Mooseheads after suffering a fractured femur and a dislocated hip that affected his work and left him with back and hip pain.
In a judgment published yesterday, ACT Supreme Court Justice Anna Katzmann said Mr Wormald would ”never forget his 35th birthday” in November 2001.
The court heard Mr Wormald and his friends had been celebrating the day with drinks at the Belconnen Labor Club before heading to Mooseheads at about 11pm.
Mr Wormald told the court he became angry after one of his friends was asked to leave the club and went over to remonstrate with the bouncer.
The bouncer then told him to get out of the club and Mr Wormald swore at him.
He said the bouncer grabbed his arms and began marching him out of the club at an accelerating pace, causing him to walk straight off a set of steps and fall to the ground.
The bouncer ”rode” him to the ground and fell on top of him. Lawyers for Mooseheads’ owners Caftor argued that Mr Wormald had contributed to his own injuries because he was drunk, aggressive, tried to assault the bouncer and resisted being thrown out.
The bouncer at the heart of the incident, Steve Vosnakes, gave evidence that he went to eject a man who was waving a pool cue around “like a javelin” and who tried to swing a fistful of pool balls at him.
Mr Vosnakes told the court he put the man in a “full Nelson” armlock and made a beeline for the door but the man struggled, causing both of them to fall off a step and onto the ground.
But Mr Wormald and his friends told the court there was no violence, he was calm as he was being ejected and did not resist Mr Vosnakes.
One friend said Mr Wormald was being gripped “like a puppet” and was marched straight off the steps, falling to the ground with the bouncer on top of him.
He was unable to move his legs and had to be helped out of the bar after the incident.
Mr Wormald was taken to hospital by ambulance, had two operations in five weeks, and still suffered pain more than 10 years later.
Justice Katzmann ordered Caftor to pay Mr Wormald a total of $889,419 in damages, expenses and loss of earnings.
(Source: Canberra Times, Natasha Rudra, 27/06/2012)
About Rushmore Forensic
Andrew Firth is a forensic accountant who has conducted numerous investigations and other forensic accounting engagements in both Australia and overseas. He specialises in economic loss and loss of earnings calculations, personal injury compensation and other forensic accounting services for commercial disputes. He is a member of the Institute of Chartered Accountants and has appeared as an Expert Witness in numerous jurisdictions.
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Compulsory acquisition of land for Queensland rail corridors
The Queensland Government has announced two rail corridors to service new and existing coal mines in both the Galilee and Bowen Basins in the state’s central and western regions.
State Development, Infrastructure and Planning Minister Jeff Seeney says the plan will replace eight different railway proposals put forward under the previous Labor Government.
Mr Seeney says the State Government will use its powers to compulsorily acquire the land for new rail lines.
“The compulsory acquisition of land is always a difficult task and it’s always tough for landholders and I know how distressing it can be for some landholders, but it is an essential part of building infrastructure and I am particularly concerned to ensure landholders are treated fairly. ”
The announcement of the corridors was touted by government as a win for industry and landowners, but some landholders says it’s their worst fears realised.
Those in the path of the proposed lines will now face compulsory acquisition if they cannot come to an agreement with coal companies.
Clermont grazier and Agforce councillor Peter Anderson says they were hoping for just one line through the region.
“When the Hancock GVK line was announced, they realised then that that corridor would not suit the whole Galilee Basin and therefore there would inevitably have to be a second corridor, and I think they’ll be gutted, for the want of a better word.”
About Rushmore Forensic
Andrew Firth is a director of Rushmore Group. He is a forensic accountant and business valuer. Andrew has conducted business valuations across a wide range of businesses and for different court jurisdictions. He is a member of the Institute of Chartered Accountants, and the ICAA Special Interest Group in Business Valuations. He has appeared as an Expert Witness in numerous jurisdictions.
Warrnambool drug dealer convicted, fined
A Warrnambool recreational drug user who claimed he supplied friends with amphetamine at below cost price has been convicted and fined $3500 after trying to sell drugs to a security guard.
Benjamin Thornton, 19, of Sharpe Avenue, pleaded guilty in Warrnambool Magistrates Court to trafficking amphetamine and dealing with property suspected of being the proceeds of crime.
Police said Thornton attempted to sell one gram of amphetamine to a security guard at the Whalers Hotel in Warrnambool that at 3.10am on March 11.
He was detained by the guard until police arrived. Thornton was found by police to be in possession of three deal bags containing about 2.5 grams of amphetamine and $300 in cash. He told police he bought five grams of amphetamine in Geelong the day before for $112 a gram and had sold some of that to friends for $100 a gram.
Thornton told police he bought the drugs “just so we can have a good time at the Folkie weekend”.
Defence counsel Tony Brown said his client had been unemployed for eight months and decided to buy drugs for himself and his friends from his first pay cheque.
Magistrate Jonathan Klestadt said he did not believe Thornton had gone to Geelong and bought the drugs in a one-off transaction, describing it as an unbelievable version of events.
Mr Brown said his client claimed to have bought the drugs from a friend and was a sporadic user.
Mr Brown said his client wanted to move to Western Australia to work in the mines and a drug conviction could put an end to those ambitions.
Mr Klestadt said the use of illicit drugs was an abuse of the user’s body.
He said Thornton had taken the same initial steps as countless other people who were now either dead or in jail.
The magistrate said he was not prepared to fine Thornton without recording a conviction because a strong message had to be sent to others.
He said he understood a conviction could be a tragedy for Thornton’s future career prospects.
(Source: Andrew Thomson, Warrnambool Standard, 6 June 2012)
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Brisbane man on drug, weapon and proceeds of crime charges
A Burpengary Queensland man who yelled at police when he was caught speeding yesterday afternoon has been charged for several offences, including drug possession.
Police said they had to detain the 25-year-old man after he became angry when spotted speeding along Joyce Street around 3pm.
Police say they found a large amount of drugs, money and utensils in his home.
The man was charged with one count each of possessing a schedule 1 drug, possessing a dangerous drug, possessing utensils, possessing a thing used in connection with smoking a dangerous drug, possessing proceeds of crime, possessing a restricted weapon, unlicensed driving and obstructing police.
He was bailed and will appear in Caboolture Magistrates’ Court later this month.
(Source: Kieran Rooney From: The Courier-Mail June 05, 2012)
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Player’s drug case is postponed
The drugs case against suspended South Adelaide Football Club player Guy O’Keefe has been adjourned until July.
The 22-year-old has yet to plead to charges of trafficking and possessing ecstasy, using ecstasy and dealing in property suspected to be the proceeds of crime.
Prosecutors in Victoria will allege O’Keefe was arrested at Nhill on February 27.
He was allegedly pulled over and, during a search of his car, officers found 160 ecstasy pills and $30,000 cash.
Nhill Magistrates Court adjourned O’Keefe’s matter yesterday until July.
(Source: June 05, 2012, Adelaide Now)
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Man jailed over $6.2 million credit card scam
A foreign credit-card scammer flew into Australia to help steal more than $6.2 million and was found with $60,000 cash in his backpack when he was arrested, a court heard today.
Lai Wong, who was found to have a false Hong Kong passport, was sentenced to five years and nine months jail, with a minimum of four years, after pleading guilty to a range of proceeds of crime and false document offences.
When police searched his rented Mitcham residence, access was given to a locked bedroom by a key hidden in a light fixture. Investigators uncovered an office for manufacturing fake credit and debit cards, complete with bank logos, 973 illegal credit cards and thousands more blank cards.
County Court Judge Joe Gullaci said Wong, 39, was an intelligent Malaysian who spoke several languages and came to Australia for the specific purpose of engaging in the credit card and money transfer frauds.
“You entered this country with the sole purpose of significant criminal conduct” Judge Gullaci said, adding Wong was a crucial and pivotal player in a sophisticated crime that targeted Australian banks and financing.
Despite Wong claiming he had been recruited into a crime syndicate as a result of gambling losses in Macau, Judge Gullaci said he had put no evidence before the court to support the claim and had refused to tell investigators specifically where money had been obtained and who he had sent $6.29 million to, suspected of being proceeds of crime.
The money was accrued in just six months after Wong arrived in Australia on a business visa last year and made 34 cash deposits and international transfers to offshore accounts, the court heard.
Australian Federal Police agents arrested Wong after he met two other individuals, and disembarked from a train at Camberwell station, where he was found to have $60,000 cash in his backpack.
Judge Gullaci said although the true value of Wong’s share in the enterprise was unknown, he had collected $30,000 in commissions.
“International crime syndicates could not operate unless people like you were prepared to perform crucial roles” Judge Gullaci said.
“If you come into this country to commit serious crimes you had better be prepared to serve significant periods in prison.’‘
(Source: Mark Dunn, Herald Sun, 29 May 2012)
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Injured workers wins unfair dismissal claim
Employers are fuming at a decision by Fair Work Australia that will make it easier for injured employees receiving workers’ compensation to claim unfair dismissal.
Injured employees receiving work-related compensation payments can now count the time they spend recovering at home towards meeting their minimum employment period of six to 12 months after injury, during which they are protected from unfair dismissal.
Employer groups railed at the landmark decision by FWA yesterday, warning that it had major implications and the government needed to consider the consequences as part of its review of the Fair Work Act.
In the full bench decision, the industrial umpire rejected an appeal by major labour hire business WorkPac. The company said employee Michael Bambach was ineligible for an unfair dismissal claim because he had failed to meet the relevant period of “continuous service” after he was injured at work.
The Fair Work Act deems the minimum employment period under which protection from unfair dismissal is granted is six months for large employers and 12 months for smaller operators.
After starting work in early March 2010, Mr Bambach was injured and unable to perform his duties from June 2 that year to September 23, 2011, at the Mount Owen mine in the Hunter Valley, more than 14 months.
After he was deemed fit to resume his pre-injury duties, Mr Bambach received notification of the cessation of his employment from WorkPac on October 17, effective from September 24.
The Australian Industry Group noted that unpaid absences were not normally counted towards “continuous service” even when individuals were beneficiaries of other schemes. Source: Joe Kelly, The Australian, June 01, 2012
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Andrew Firth is a forensic accountant who has conducted numerous investigations and other forensic accounting engagements in both Australia and overseas.
He specialises in economic loss calculations, personal injury compensation and other forensic accounting services for commercial disputes. He is a member of the Institute of Chartered Accountants and has appeared as an Expert Witness in numerous jurisdictions.
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Engineering company fined for workplace accident
An engineering company has been fined $187,500 for a workplace accident that left a man partially paralysed.
The Industrial Relations Court fined Downer EDI Works for failing to implement guard railings around a machine that is involved in the preparation of asphalt.
The court found there were also limited safety protocols regarding the cleaning of the machine, the task that the worker was undertaking at the time of the accident in May 2009.
The victim, who had worked for the company for eight years, slipped into the pit during a break in cleaning and was crushed between the incline conveyor belt and drum roller.
He sustained partial tetraplegia, significant brain injuries, broken bones and nerve damage.
In his judgment, Magistrate Michael Ardlie said the incident could have led to death.
“The employee is highly unlikely to be able to work again or to be able to live independently” Mr Ardlie said.
“It is clear, and it was not disputed, that in the circumstances the risk was that the employee could have suffered fatal injuries.”
He added that the company had shown regret and had taken action to ensure proper protection and safe work practices were carried out throughout its Dry Creek plant.
“It went further to ensure that Australia wide all its plant was reviewed to ensure that guarding was adequate” he said.
Downer EDI Works was fined $187,500 and ordered to pay $1000 in costs and levies.
Source: Adelaide Now, 6 Jan 2012
About Rushmore Forensic
Andrew Firth is a forensic accountant who has conducted numerous investigations and other forensic accounting engagements in both Australia and overseas.
He specialises in economic loss calculations, personal injury compensation and other forensic accounting services for commercial disputes. He is a member of the Institute of Chartered Accountants and has appeared as an Expert Witness in numerous jurisdictions.
Court orders proceeds of crime confiscations of more than $650,000
A court has ordered more than $650,000 that is suspected of being linked to an international drug cartel to be turned over to authorities.
Australian Federal Police allegedly seized the cash in March when they raided the homes of two Gold Coast men suspected of heading the operation.
Ryan Thomas Litchfield, 26, allegedly had $37,500 stashed in a safe and a Louis Vuitton box at his Tweed Heads home.
Police allegedly found more than $600,000 at the Coolangatta home of co-accused Daniel Nunes Negrine, 30.
These and other alleged cash finds at both men’s homes totalled more than $650,000.
Queensland District Court documents allege some of that cash was found in the lining of a couch, while most was in the boots of two cars parked outside an apartment.
A District judge ordered this week that the cash, confiscated under the Proceeds of Crime Act, be surrendered to the Official Trustee of Bankruptcy.
Both men have been charged with conspiring to import cocaine between August last year and March of this year.
It’s alleged they used mules to bring drugs from Brazil into the Gold Coast.
Police allege Litchfield and Negrine can be linked to a man caught at Sydney International Airport and another at the Gold Coast International Airport.
These two mules allegedly had 12 kilograms of cocaine hidden in suitcase linings and windsurfer handles.
A third man, who was allegedly carrying 2kg of cocaine and had links to Litchfield and Negrine, was arrested in New Zealand in February as he was about to board a flight to Australia.
Litchfield and Negrine will both face court at a later date.
Source: AAP, The Gold Coast , May 31, 2012
About Rushmore Forensic
Andrew Firth is a forensic accountant who has conducted numerous investigations and other forensic accounting engagements in both Australia and overseas.
He specialises in financial investigations and provides expert witness reports for court purposes. He is a member of the Institute of Chartered Accountants and has appeared as an Expert Witness in numerous jurisdictions.