Former Logan mayor’s estranged wife fronts court for day two of committal hearing
The estranged wife of former Logan mayor Luke Smith has been questioned over a boat that forms the basis of official corruption charges against him.
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FORMER Logan mayor Luke Smith’s estranged wife is headlining the second day of a committal hearing in Beenleigh to discover whether he will stand trial for offences including perjury and official corruption.
Andrea Millberry-Smith faced intense questioning over her knowledge of a boat her husband purchased from a director of developers SKL Cables, which had lodged an application to build a hotel at 22 Carol Ave, Springwood in late 2015 and also donated to Mr Smith’s election campaign fund, Logan Futures.
On Tuesday, Beenleigh Magistrates Court heard the DA was originally to be for 10 storeys, the height limit under the Springwood Local Plan, before it was raised five storeys at Logan City Council’s suggestion, according to the testimony of SKL director Ruquiang Yu.
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This was around the time the Sea Ray 240 Sundeck powerboat in question was purchased by Mr Smith, who was council’s economic development chair prior to becoming mayor in March 2016, from another SKL director, Nathan Mai.
This purchase forms the basis of the charge of official corruption.
Ms Millberry-Smith told the court that the pair had wanted to purchase a boat for use by the family for some time prior to Mr Smith being made aware that Mr Mai had a boat for sale.
She said Mr Smith had been perusing website boatsales.com.au previous to a “chance” conversation at a lunch attended by Mr Mai’s co-director Ruquiang Yu, where it was mentioned that Mr Mai had been struggling to sell his boat as it was in a “state of disrepair”.
She told the court that Mr Smith had “no idea what the boat was actually worth”.
Ms Millberry-Smith said she and her husband spent “thousands” repairing and cleaning the boat, and purchasing safety equipment.
However, within a year the couple were already discussing selling the boat, after an agreement to still allow SKL directors and associates to retain use of the boat soured.
Ms Millberry-Smith said she recalled at least two occasions where the boat was used by people associated with SKL only to be returned in a damaged condition, once involving damage to the propeller.
Defence counsel Jeff Hunter described this as the “final straw”, which Ms Millberry-Smith agreed with.
She testified that the decision to sell the boat was made in the first three months of 2017, but it was only on May 26 that a purchase and use agreement for the boat was finalised.
Later, the hearing heard from two witnesses, Adam Avolos, council’s major developments program leader, and David Hansen, council’s former development assessment manager, about how the DA came to be lodged with 15 storeys, instead of 10 as per the local plan.
Both agreed the proposed development was “significant” for the local economy and as such it was not unusual for Mr Smith in his role as economic development chair to be involved in the application.
They both expressed surprise that it had been lodged with 15 storeys rather than the 10 storeys discussed at pre-lodgement meetings.
Mr Avolos said council officers were prepared to consider a 10 storey development, but that 15 storeys would be highly unlikely to progress because of shadowing over a neighbouring residential area.
In the interests of progressing the application, which repeatedly came close to expiring before being extended, officers prepared two versions of their report to the planning committee, one for 10 storeys and the other for 15 storeys, such was the uncertainty surrounding the proposal.
Mr Smith was charged with four offences as part of Crime and Corruption Commission investigations stemming from Operation Belcarra, which examined local government integrity on the wake of the 2016 council elections.
The hearing continues tomorrow.
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