Tuesday 2 September 2014

Ex-magistrate Peter Maley offered information for $10k political donation to CLP: NT Labor

Updated 
The Northern Territory Opposition has used parliamentary privilege to raise allegations that former magistrate Peter Maley offered access to sensitive government documents in exchange for a $10,000 donation to the Country Liberal Party in 2008.
Shadow Attorney-General Michael Gunner tabled and read from emails sent by Norm McCleary, a West Australian mining explorer, to Chief Minister Adam Giles in May this year that allege the offer was made on behalf of former deputy chief minister Dave Tollner, the Member for Fong Lim.
Mr Maley issued a statement denying the allegations contained in the email and threatened legal action if they were repeated outside of parliamentary privilege.
Mr Gunner said Mr McCleary was the client at the heart of a series of 13 questions sent by the NT News to Mr Maley on Monday night that he would not answer.
He told Parliament Mr Maley resigned as a magistrate hours after receiving the questions.
The emails go over the history of a legal dispute Mr McCleary was involved in eight years ago concerning the pegging of mining claims south of Alice Springs over what is known as the Pamela and Angela Uranium prospects.
Mr Maley was his solicitor at the time.
The court ruled Mr McCleary could not assert ownership over the claim.
In the email read to Parliament, Mr McCleary asserted that officers in the Mines Department and the Labor administration at the time colluded to frustrate his efforts.
The miner made a Freedom of Information application for sensitive documents related to his case, but that application was rejected.
Mr Gunner quoted from an email Mr McCleary sent to Mr Giles in May, saying:
"In July 2008, I received a phone call from Peter Maley of Maley's Barristers and Solicitors.
"He stated he was ringing on behalf of the CLP and in particular Dave Tollner.
"He went on to state that he understood that the CLP was aware of what had occurred recently in regards to my pegging and application for mineral claims over the Pamela and Angela prospects.
"They were sympathetic in regards to what had occurred and that when they came to power I would be given the opportunity to review all files and documents relating to this matter.
"He also said that the CLP was in a bind, and was unable to raise enough funds for election advertising, and if I'd be prepared to contribute say $10,000 to help myself and the CLP.
"I agreed especially knowing that the CLP was sympathetic and intended to allow me access to the files so I would be able to understand what had occurred."
Mr McCleary's email said he made two payments to the CLP in July 2008: The first was for $5,174.40 and was paid to NT Broadcasters Pty Ltd; the second was for $4,825.60 and was made directly to the CLP.
Mr Gunner told Parliament the direct payment to the CLP was in the party's declaration of donations to the Australian and NT Electoral Commissions for that year.
The allegations made by the Shadow Attorney Shadow General, Michael Gunner, under parliamentary privilege are denied and untrue.
Former magistrate Peter Maley
"But what of the $5174.40 that's been paid to NT Broadcasters for CLP election advertising?" Mr Gunner asked.
"We've been unable to find any declaration of that amount and will be referring it to the NT and Australian Electoral Commissions for formal investigation."
After the CLP won the 2012 election, Mr McCleary made several attempts to contact Mr Tollner about the documents and said he wrote to Mr Maley in March 2013, after Mr Tollner became the deputy chief minister, and he assumed he was in a better position to deliver the documents.
He said he received this reply from Mr Maley:
"I agree, I'll give them a week to settle down, then I will contact Tollner."
Mr Gunner told Parliament Mr McCleary remained unsatisfied and wrote to Mr Giles in May.
"We know the Chief Minister is aware of this matter because he wrote back to Mr McCleary on the 25th of May after Mr McCleary had sent him a second email accusing the CLP of extorting the money from him," he said.
"That's three months ago. The Chief Minister responded to Mr McCleary yet in this house all week he's been playing dumb, telling us he had no knowledge of the issue that led to Mr Maley's resignation."
Mr Gunner read to Parliament what he said was the Chief Minister's reply:
"Thank you for your email Norm. I have flicked your email to Dave Tollner and he will get back to you. Please let me know if he doesn't make contact."
At that point Mr Gunner addressed Parliament directly.
"The complainant gave the money over on the promise of getting sensitive information from the new government that he had been hitherto been unable to get by normal channels," he said.
"The allegation by Mr McCleary is that the Member for Fong Lim [Mr Tollner] gave Mr Maley riding instructions to offer Mr McCleary a favour in return for a $10,000 donation."
Mr Gunner asked why Mr Giles had not taken the matter to police when they were first raised with him.
"The Chief Minister has known of this allegation since May and has done nothing about it. He should have immediately referred the matter to the Police Commissioner. His failure is even greater knowing he is also the Police Minister," he said.
"It is clear that the Chief Minister has failed to maintain the highest standards of probity that his office demands and the community expects."

No documents given to McCleary: Adam Giles

Mr Giles has since responded in a statement.
"The claims made by Mr McCleary refer to conversations he allegedly had with Mr Maley prior to the 2008 election, before I even entered Parliament," he said.
"Since becoming Chief Minister, no documents have ever been given to this man. Norm McCleary's main complaint in the correspondence tabled in Parliament is that, in fact, we refused to act illegally in handing over government files.
"We acted on advice from the Department of Mines and Energy who suggested that Mr McCleary was a serial complainer with no right to the documents and we should steer clear. That's exactly what we did.
"I have never met Norm McCleary [nor] spoken to him.
"I welcome the Electoral Commission looking into Mr McCleary's donation. What Peter Maley may have said to his client back in 2008 is a matter for him to explain."
Mr Maley has also issued a statement responding to the allegations made in Parliament:
"The allegations made by the Shadow Attorney-General, Michael Gunner, under Parliamentary Privilege are denied and untrue," he said.
"If Mr Gunner repeats these allegations outside of parliamentary privilege, I will take legal action against him."
First posted Thu at 10:18pm

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