Well, there you have it, the end of the road.
Today in Melbourne Magistrates Court the case against Craig Thomson finally came to a dramatic close.
For years now we have seen and heard the trial by media and today we saw the result of a trial by court.
Despite the Magistrate dropping 13 of the charges against Thomson relating to in-house movies, Magistrate Rozencwajg today found charges Thomson guilty of obtaining a financial advantage by the use of his union credit card and cash withdrawals from union accounts by saying the charges against him were proven.
Thomson who has always maintained his innocence had decided to take the path of using authorisation as his defence, this he saw as the fastest and cheapest way of defending himself.
This may have been a huge mistake as it turns out.
Whilst authorisation for Thomson’s spending was never proven one way or the other, Magistrate Rozencwajg made the decision that much of Thomson’s spending did not pass the common sense test.
Magistrate broke the charges down into six categories
- Use of Sex Workers
- Cash withdrawals
- In house video usage
- Purchase of cigarettes and firewood
- Spousal travel
- Post-resignation use of HSU Credit Card
Aside from category 3 the Magistrate found all of the charges proven.
The Magistrate when delivering his verdict spoke of “grey areas” between what were personal and what were legitimate business expenses which is why 13 of the charges were dropped as they related to travel whilst on business, these were the charges in category 3 that related to in-house movies.
However the Magistrate was blunt about the use of union funds for escort services calling any question of authorisation
“…an affront to common sense”
Magistrate Rozencwajg went further to say that he believed that Thomson was fully aware of what he was doing and that it was dishonest.
Thomson found guilty
Magistrate Rozencwajg singled out cash withdrawals made by Thomson out for special mention in today’s proceedings in words that will surely make Jackson weak at the knees.
Magistrate Rozencwajg stated that any cash withdrawal or expenditure at all from a union account was inappropriate and illegitamate, no matter what the circumstances.
Some of you will remember when Jackson, the prosecution’s key witness and self-proclaimed whistle-blower declared under oath to spending cash withdrawals that dwarf Thomson’s from union accounts and comes off sounding like Imelda Marcos at a shoe sale.
Cash withdrawals Jackson made from union accounts exceeded $100,000 per annum, one year exceeding $200,000 according to her sworn testimony.
So it turns out the star witness and Liberal Party puppet Kathy Jackson may be facing some serious questions regarding those withdrawals, as will the BCOM who she uses as her scapegoats. Despite calling herself a whistle-blower she has clearly become an expert in blowing something, and that appears to be her own trumpet, something she may now come to regret as police attention may now fall upon her.
Next in line?
Upon news of the verdict Acting HSU National President Chris Brown released a media statement saying that he was pleased with today’s decision in court.
Brown stated:
“it has been a long six years since the fraud was first uncovered with three major investigation leading to today’s verdict. It is a significant day for the Union and will allow us to start to put these unfortunate affairs behind us”.
Brown also went on to state that the union would now be pursuing civil action against Thomson to seek to recover any of the members funds that have been used for personal business rather than union business, money Brown terms as stolen.
Brown is right, any money that has been used outside union guidelines should be returned to the members. That would include funds that can be retrieved from Craig Thomson, Michael Williamson, and of course Kathy Jackson.
After all a union is all about the members.
So where to now?
Craig Thomson has been found guilty is up to facing five years imprisonment and now awaits sentencing on the 18th March. He also waits for a civil case against him to be launched by the HSU which will likely bankrupt him.
Thomson’s bail conditions have also changed with the Magistrate imposing a “Static Residential Condition” meaning he can’t travel.
Chris Brown faces the prospect of retrieving funds and rebuilding his unions reputation amongst not only the public, but also the members.
Kathy Jackson and her BCOM buddies face more investigations, a mountain of evidence, and an upcoming Royal Commission.
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Wixxy,
Does a complaint against Jackson,K need to be made to the Police for them to investigate her, or are they able to take independent action themselves based upon court testimony or your own collected evidence about her?
I gather the more complaints made to Vic Police the better
What is the bet Jackson never sees court. I am not holding my breath
Then you have to remind yourself about how many complaints were made, even by federal parliamentarians, to the AFP about #Ashbygate and all we got were *crickets* in return. Still, constant pressure needs to be applied anyway I guess.
I think Jackson will be called before the Royal Commission into Union Corruption along with a great many others where they will be forced to incriminate themselves under oath.
I still maintain that this case is a prime example why the government should stop creating investigative bodies, the FWC/FWA should never have investigated this matter and shouldn’t be investigating any matter that could lead to possible criminal prosecution, all it does is waste time and give those involved enough lead time to destroy evidence.
The fact that the Australian Crime Commission wasted valuable time and resources on “drugs in sport” whilst all this nonsense was going on shows that the political apparatus has infected the quasi-judicial branch the government controls, thus major reform is needed.
The endless investigation into this matter, and the prosecution there-of wasted a magnitude greater amount of money than he actually stole/misspent/misused or whatever you wish to call it.
Craig Thomson has always maintained his innocence and was shaking his head in court as though what he was hearing wasn’t the truth. Despite him being found guilty, I still think there’s a lot there that hasn’t been investigated. Did they actually find proof that he spent money in brothels?
Well there you have it! Craig Thomson found guilty, despite all your flag waving and support towards this bloke, he has been found guilty of ripping of the poorest of Australian workers.
There were 6 charges relating to brothels, all of the charges relating to brothels and escorts in NSW had been dropped weeks ago
There was evidence that showed he had and evidence that refuted the allegations.
The verdict has surprised many people including many in the legal profession
We will wait and see if Thomson appeals the decision I guess
I think the judge was against Thompson on moral grounds .I think the real issue, is his use of his credit card within the financial limit ,in terms of his employment contract !! If he never overspent his allowance , He has not committed an offence .I really believe this has been a witch hunt for a union scalp ! Brandis & Abetz are up to their eyeballs in it !! This is their schoolboy games ,Their hatred for society ,they wear on their sleeve !! Ashby Gate same ,same ,But enter Mr Brough ,of intervention fame .Bring in the troops ,Morrison,s answer bring in the troops !! IN the meantime Newman has entered the loop ,ex military No brains ,no heart , he,s much too smart . .Qld has gone backwards .It is not possible to gut thousands of jobs out of government services ,without affecting outcomes ! He has taken the vibe out of Qld . The dishonesty ,manipulation of the facts ,removal of dissenters .Police empowerment Looking like another JOH BJELKE PETERSEN ERA ..
I don’t think that giving both sides of a debate a hearing, speaking out against a trial by media and correcting incorrect reporting in the MSM is what I’d call flag waving
Thanks for your extendd coverage throughout Wixxy, sterling effort. As for the verdict, I am as surprised as the many in the legal profession. As long as Brandis is Attorney General, there will always be doubt in cases like this that involve his political opponents. He has form.
Paul still crying wolf I see. What union do you belong to? None and never have been close to one I venture to add
If he was a serious fraudster he would nave been involved in large sums. It’s not worth being a crook for pennies. What is the total amount involved wixxy? It is over a period of 5 years and I thought it was only about 26k all up. Was he ever asked to repay anything?. Did he refuse? He has already had his life and reputation destroyed for political reasons. and sent bankrupt .
If the case was run with a jury it would have been a different outcome I feel But depth of pockets decides success with law ( not Justice). there are aspects of this that seriously bother me that you are well aware of. Too many co-incidences of timing and press availability, and the form of the allegations framed for maximum effect . Like to hear from Mc Ardle. All the effort paid off for the MSM and the LieNP. It did it’s job. It only had to go past the election date .
Jackson won’d be taken to court, it was all a show trial for the enjoyment of our Liberal overlords. Long live the Lizard people!
The total of his charges was less than $30K
Jackson’s cash withdrawals alone were in the Hundreds Of Thousands of Dollars
I don’t know if complaints to the Victorian police will be much use. They dropped their investigation into Kathy Jackson last Friday – she ain’t done nuffin’ wrong, move along folks….
“VICTORIA Police has dropped an investigation into Health Services Union whistleblower Kathy Jackson over more than $100,000 paid to her and her former husband, and wages paid to the children of her new partner.
Detective Gary Jenkins confirmed to The Australian yesterday that Victoria’s fraud squad had conducted a “thorough investigation” into allegations raised by the HSU’s national office that the payments had not been properly accounted for. “There were no criminal offences detected,” he said.
It brings to a close an attempt to link Ms Jackson to an alleged web of corruption after she alerted police to evidence that resulted in charges against former Labor MP and union official Craig Thomson and a conviction against former HSU boss and ALP federal president Michael Williamson.”
http://www.theaustralian.com.au/national-affairs/policy/hsu-cites-civil-option-as-police-close-jackson-case/story-fn59noo3-1226826521281#
Thomson was always going to be found guilty of something. The total amout was deemed to be $6250 over 16 charges – rather less than the stratospheric numbers being thrown about when it all started.
To me, it’s always been about Jackson. If she takes the stand it will be interesting to see who else gets sucked into her vortex as being implicated in the history of this saga – Brandis and Lawler for example.
She seems the type who would sacrifice others on order to save herself.
Hopefully it will reveal a political conspiratorial finding as per Justice Rare’s remarks about the Ashby/Slipper case – but I won’t be holding my breath.
Chances are it will be held in private as part of the Royal Commission and the results remaining confidential unless it goes to civil court.
It will also be fun to see Abbott backpeddling over his previous supportive “heroic” remarks about Jackson and her status as an honoured speaker at the HR Nicolls Society.
Rod Bakes there is no way for me to rate your post other than to say I agree with your comments. We should be very worried about the “quality” of the legal process under this MOB. This matter has been exploited to an extent that is way over the top especially the way the media reported it. Front page and full page and when it has political implications as this has from day one is it just co-incidence? Same with Slipper and it will keep going on with any muck that can be thrown at the Labor party supporters and the unions. We would be better off if the new VICTORS would now get on and govern and show us HOW good they REALLY are other than HOW good they say they are..
Masters of DECEPTION not reality..
Wixxy, apparently the Victorian Police have dropped their investigation into Kathy Jackson.
It was reported in the Australian (paywalled) last Friday that Det. Gary Jenkins stated ‘ That after a thorough investigation there was no criminal offences discovered.”
http://www.theaustralian.com.au/national-affairs/policy/hsu-cites-civil-option-as-police-close-jackson-case/story-fn59noo3-1226826521281#mm-premium
There are other aspects of the case that involve Jackson that are ongoing
The BCOM for example
I am sure there are plenty of Jackson’s former colleagues who will be now preparing to say their piece before the Royal Commission.
As much as the RC will be union bashing I think it does run the risk of becoming an avenue where old scores will be settled by various union factions.
To which end I am sure Jackson is most nervous about.
That uneasy feeling you have in your guts is a Police State creeping up behind you.
I think it will be possible for her to avoid
Was his discretionary spending from the union funds part of his salary package? It would be most unusual, “Hi, your salary is $X/mth but you can spend up to $Y/mth from our account on personal items too.” and if that was so, I’d expect that spend to be declared as his taxable income.
On the other hand, a union bank account is not a personal ATM. Even if the rules don’t say it’s not allowed.
Although I’m surprised the judge singled out cash withdrawals. I see no problem with cash withdrawals per se – it’s just converting funds from one mode (bank account) to another – what’s important is how the cash is spent, whether it’s done for a legitimate union business purpose or not.
I don’t want to give the impression that it was only cash withdrawals the Magistrate took issue with, he jus made a separate mention of them
Right, well it seems there’s one rule for Thomson and another for Jackson, if her apparently much more extensive use of union funds for personal purposes can’t be investigated and charges tried.
The powers of the Royal Commission are derived from those once used by Monarchs, there is no provision for avoidance and you have no right to silence. The trade-off being it is not a prosecutorial body, so they can’t charge you for anything, but that is not to say they won’t pass evidence to relevant authorities.
Wixxy, here is an idea. An email to George Brandis or Eric Abetz should be sent by all asking the following: Dear Senator?? Considering the guilty verdict given in the Thomson case on the 18/02/2014 in the Victoria magistrate court?? where the magistrate stated “that any cash withdrawal or expenditure at all from a union account was inappropriate and illegitimate, no matter what the circumstances” Will the senator contact the Victoria or NSW police ministers / DPP to refer Ms Jackson based on her testimony that “she made cash withdrawals of $100,000 dollars” or more requesting the DPP investigate the illegal use of an HSU credit card!. Based on the verdict and the admission whilst under oath by Ms Jackson it would seem appropriate for the police minister / DPP to be involved due to the precedent that has been set in the Thomson case, where federal senators contacted their Vic/ Nsw counterparts to do what I’m currently requesting of you.
Do you think we can get this going to add pressure, Also send emails to the Vic/NSW ministers. What do you think? Remember it is about the members, so they maybe able to get involved to push it along and put pressure on?
Just thought I would add that, I’m not saying Ms Jackson used the HSU credit card to withdraw cash, I don’t know how the cash withdrawals were made, but it still needs investigating. Apologise if I got that part wrong to all involved.
This verdict stinks, especially when you read the article in Australian. It seems HSU union members only count when it has something to do with the Labor party. Royal commission will not go anywhere near this, but I can see Williamson and others being harassed and put to the crucifix for the MSM / LNP to act like buzzards picking at a corpse.
Wixxy, If you are in contact with Craig, please give him my support. The way the MSM treated him was one of the most vile things I have ever seen. I hope he gets through this.
Cheers.
The Magistrate’s argument that much of Thomson’s spending (use of sex workers, cash withdrawals, In-house video usage, purchase of cigarettes and firewood, spousal travel, post-resignation use of HSU Credit Card) did not pass the common sense test is appropriate. The Magistrate fails his own common-sense test with “any cash withdrawal or expenditure at all from a union account was inappropriate and illegitimate, no matter what the circumstances.”
Wixxy, Has Mr brown got any affiliation with the Jacksons syndicate of the HSU? Just heard an interview on ABC radio and it sounded that all is done and dusted. he believe the Royal commission is unnecessary due to the branches already being investigate. I don’t believe Ms Jackson branch was ever investigated, but I may be wrong.
Despite this prosecution being steeped heavily in political ideology, Craig Thomson has singe handily destroyed public perception of The Union Movement, The ALP and betrayed his constituency. My friends that are unionists live with the fallout of this Liar. He is a disgrace, as is the culture at the HSU. What about all those hard working unionist tarred with the Thomson brush. Sorry Wixxy, this guy is a total philological liar who has caused a tidal wave of damage in providing ammunition for the Tory’s to slander good people.
Thank you Wixxy for this update.
Just one small thing: Kathy Jackson’s sworn testimony at this trial was that she had made $100,000 worth of cheques out to cash. However, several documents and other sources have suggested that the actual amount is likely double that figure.
In my humble opinion, the difficulty for the defense was allowing certain facts to be admitted unchallenged, as this left the door wide open for the prosecution to draw inferences from those facts. For example:
ADMITTED FACT: His credit card statement shows a bill for an escort service.
INTERFERENCE #1: The credit card was in his possession at the time the escort service was charged to the card.
INTERFERENCE #2: He used the credit card to pay for an escort service.
All of this minutia could have been argued, however it would have been very time-consuming and thus hellishly expensive for the accused.
What about offering your support to his wife or is it standard procedure for Labor pollies to cheat on their wives. Oh and the union members.
It is a sad day for Australian justice when someone who refuses to deny a single fact of the Prosecution case is found guilty. Oh wait…
Craig Thomson is probably guilty of nothing more than being a complete moron, but inestce he was such a total moron I hope he gets the full five years prison – perhaps he can serve it next to that other moron the fake fake collar bomber[sic]. We need to send a strong message that trying to currying favor with corrupt police, corrupt journalists and corrupt ALP and union officials is NOT a get out of jail card.
He refused to deny in court he did the crimes, he should do the time.
And anyone who thinks La Jackson will face any further questions anywhere is completely delusional
I have spoken to Thomson’s wife who certainly has my support
It is to be noted however that Zoe has been there to support Craig throughout the whole saga and was in Melbourne with Craig today waiting at the lawyers office 150m down the road
I’m sorry I didn’t realise extra-marital affairs were exclusive to Labor MO’s
I’m inclined to agree that Jackson will go scot free from all this. But one thing that’s pissed me off about this all along is that Jackson et al have put themselves in a position where Abbott can’t lose. They’ll have his support for as long as they continue to damage the union movement & the instant they land in hot water they’ll be denounced- they are UNIONISTS after all & by definition should be exterminated. Jackson etc are completely dependent on Abbott’s goodwill in such a case & that’s not somewhere I’d like to be.
The magistrate seems to have decided on facts that were never in evidence and never put, it was bizarre.
Which is very strange because she really did do what it is claimed Thomson did.
But how can he even make that strange statement when there were no conditions attached to the use of the card? He just made that up yesterday.
Well Wixxy – Thanks for your coverage. I feel sick. The judge nailed it. There is no way a person can morally justify spending Union funds on prostitutes. He was ripping us members off. I hope he is made to pay back the lot – and spend a long time in the Big House.
Anyone who comments that this sort of behaviour should be pardoned because of the so called small amount is clearly not a paid up member of the HSU or any Union for that matter.
I’m sure no HSU member offers this convicted thief their support.
Wixxy – if the Vic Police have dropped their investigation into the allegations against Jackson why have you made no mention of it. From what I understand from the article in The Australian quoted above she has no case to answer and Craig Thomson has been found guilty of defrauding the HSU. All the mud thrown at Jackson in your piece, as usual, doesn’t hide the fact that Thomson is a grubby thief. It would appear to the membership Jackson was right to “shelf” him.
Fair enough. Do you feel that you fairly aired Jackson’s side ? (I am not defending her, but your comments appear to indicate an obsession with her guilt, when in fact the issue is far broader).
I always provided her explanations and I approached her and Lawler for comment in which they both refused
Surely you don’t believe that this really is the end of the road ? I think it is inevitable that Thompson will appeal, unless he has been bought off by the Labor Party in what will be an unsuccessful attempt to forestall enquiries by the Royal Commission into the political connections in this matter.
I am disappointed that you didn’t go after Williamson the way you went for Jackson. The scale of Williamson’s activities appears to have been far greater.
An unusually subdued piece Wixxy. Your mate is guilty. Where is your spin about how he was set up?
Will you now apologise to us for all those times you told us he didn’t do it? Or has it finally dawned on you that the truth trumps BS every time?
I did go after Williamson, however the evidence in the Williamson case was already with police whereas the police seemed to have no interest in uncovering evidence against Jackson
That said, some of those who were paying Williamson under the table such as Richard Hew and Alf Downing were named here way before the mainstream caught on
Don’t think it was subdued,
I never said he didn’t do it ever, all I did was point out the other side of the debate and point out allegations against the self proclaimed whistle blower
I am sorry you have such a narrow view of the world
If you don’t like reading the other side of a story I suggest you don’t read my work
In fact I’d suggest you move to China or North Korea where they control the news to the extent some are trying to control ours here
That response to BillK seems a little disproportionate, but let’s not get into personal disagreements. What light does the verdict shine on Gillard’s defence of Thompson, and the role of the ALP ?