Ex-Logan mayor Luke Smith faces his first day in Beenleigh Magistrates Court

Former Logan mayor Luke Smith told developers he had the ability to ‘influence and change’ restrictions on development applications, a court has heard.

A FORMER adviser to Luke Smith has told a court that the former Logan mayor told developers he had the ability to “influence and change” restrictions on development applications.

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Mark Pascoe, Mr Smith’s campaign manager in 2016 before becoming a policy adviser, claimed the conversation happened “numerous times” between Mr Smith, who was then the council’s economic development chair before he was elected mayor, and developer SKL Cables, which had lodged a DA for a 15-storey building at 22 Carol Ave, Springwood.

The court heard SKL Cables also donated more than $40,000 to Mr Smith’s election fund, Logan Futures.

Mr Pascoe told the court that at one of several lunches and dinners attended by Mr Smith at a restaurant co-owned by former SKL Cables directors Ruquiang Yu and Nathan Mai, Mr Smith was told that SKL was “concerned” about development restrictions and questioned whether Logan City Council was supportive.

According to Mr Pascoe, Mr Smith said in response that he “had the support of the council to be able to get the votes to get the approvals they need to increase the height...when he became mayor and had the influence”.

Defence counsel Angus Edwards pointed out that these lunches and dinners all occurred after the development application was approved for 15 storeys.

Mr Pascoe also told the court that at some stage, he believed as many as 32 storeys were being discussed for the development.

Mr Edwards suggested to Mr Pascoe that he was mistaken and what was being referred to was 32 metres, which would translate to 10 storeys approximately.

This was the original height of the development before it was raised to 15 storeys at council’s suggestion at a pre-lodgement meeting, according to the testimony of Mr Yu.

However, Mr Pascoe denied he was mistaken.

There was some confusion on this point, as Mr Edwards pointed out a paragraph in Mr Pascoe’s written statement where he claimed Mr Smith discussed “reducing” the development to 15 storeys.

Mr Pascoe agreed that there was never any explicit “quid pro quo” for either the donations nor the mayor’s comments in support of additional storeys being added to the development.

Ex-Logan mayor Luke Smith arrives at Beenleigh Magistrates Court mobbed by media. Picture: Glenn Hunt.

Mr Edwards put to the court that the donations could be attributed to a “Chinese way” of wanting to support people in power, as it increased their “honour”.

Mr Pascoe agreed with this.

Later in the hearing, Mr Edwards told the court that Mr Smith’s vision for Logan City to become a “second CBD” was well-known, and that there was an “aligning of vision” wherein SKL and Mr Smith both wanted a taller development, SKL for commercial reasons, Mr Smith for reasons of economic development.

Earlier, SKL director Mr Yu was the first witness called to the hearing.

Mr Yu agreed that while the two donations to Mr Smith’s election fund were made in the name of SKL, the funds comprised smaller donations made by many members of the Chinese community.

The court also heard Mr Yu made a small personal donation to mayoral candidate Brett Raguse’s rival campaign, some $2000.

Mr Yu told the court there was no discussion with Mr Smith as to whether there were conditions attached to SKL’s donation.

Witness Ruquiang Yu leaving Beenleigh Magistrate Court. Crn of Kent St and James St, Beenleigh, 21th of January 2020. (AAP Image/Attila Csaszar)

Aside from the SKL development and donations, the other topic of intense discussion at the hearing was the alleged donation of a 2012 Sea Ray 240 Sundeck Bowrider powerboat.

Witness Kirby Lynette Orr, the council’s former media and communications manager, told the court that she recalled Mr Smith telling her he got a “good price” for the boat.

However, she agreed her recollections “aren’t clear” and didn’t know whether Mr Smith was referring to the purchase or later sale of the boat.

Mr Yu told the court that the boat in question belonged to his fellow former director, Mr Mai.

In response to questioning, Mr Yu said the boat had been damaged previously, including being flooded twice, and it had never been housed undercover.

It’s expected there will be as many as 12 witnesses called during the hearing, which continues Thursday.

The former mayor of Logan is in court today to find out whether he will stand trial for offences allegedly uncovered by the Crime and Corruption Commission’s Operation Belcarra.

Timothy Luke Smith, 50, elected as Luke Smith, is charged with two counts of perjury, relating to statements he allegedly gave to the CCC as part of their 2017 investigations, one of failing to update his register of interests, and one of official corruption in his former role as mayor.