‘In a lot of trouble’: CEO recounts conversation with traditional owner Larry Joe Woosup

The former CEO of the Cape York Land Council has recounted a conversation from 2017 where a traditional owner now on trial for fraud approached him seeking help, a court has heard.

THE former CEO of the Cape York Land Council has recounted a conversation from 2017 where a traditional owner now on trial for fraud approached him seeking help, a court has heard.

Ankamuthi traditional owner Larry Joe Woosup pleaded not guilty to two counts of dishonestly obtaining a benefit greater than $30,000 at the start of his trial in the Cairns District Court on Tuesday.

The Crown case is asserting Mr Woosup negotiated a royalty deal with mining company Gulf Alumina without the knowledge of his community, and then withdrew more than $200,000 from trust accounts set up in the community’s name, depositing money into his own personal bank account.

The court on Tuesday heard Mr Woosup was one of two surviving Ankamuthi native title applicants who had lodged a native title claim in 1998 over an area of country spanning from the Dulcie River in the south to the Skardon River in the north, as well as a separate triangular section of land further north.

Giving evidence on Wednesday, former CYLC CEO Peter Callaghan explained how at one point there was a working group involved in negotiations with Gulf Alumina over the value of royalties to be paid to the Ankamuthi community as part of the company’s proposed Skardon River bauxite project, of which he and Mr Woosup were a part of.

The court was told the working group and Gulf Alumina never reached an agreement.

Mr Callaghan said the land council had the assistance of an expert, who told the working group that 92c per tonne of bauxite was the minimum they should receive in royalties from the company.

The court heard the company was offering 50c per tonne.

“Did it ever progress past this discrepancy?” Crown prosecutor Claudia Georgouras asked.

“No, it fell apart,” Mr Callaghan said of the deal.

Under questioning from Ms Georgouras, Mr Callaghan said he later in 2016 or 2017 found out that negotiations had continued.

Mr Callaghan said Mr Woosup met with him in Cairns Central.

“He told me that he was in a lot of trouble. He was being sued by the law firm that he … had hired to both prosecute the native title but in particular for the mining negotiations with Gulf (Alumina).

“He said he wanted my help, he was in a lot of trouble, he had no money.

“I told him for me to consider it because I wasn’t going to just dismiss it even though I’d heard all sorts rumours. I thought no, he’s got a fair reason to come clean and so I said to him he would have to come clean with me and provide me with all the evidence, negotiations, the agreements.”

Ankamuthi traditional owner Larry Woosup is on trial for fraud. Photo: Brendan Radke.

Mr Callaghan said he was only ever provided with the affidavit from the legal firm, and nothing else.

“So I didn’t have enough evidence, enough material to proceed. Or help. Or even not help.”

Under cross examination from defence barrister Kelly Goodwin, Mr Callaghan agreed the Ankamuthi claim was eventually determined in 2016.

Mr Callaghan agreed that prior to the determination, under the Native Title Act, the five Ankamuthi native title applicants had the authority to negotiate with mining companies at that time, on behalf of the Ankamuthi traditional owners.

“So you agree they did have that authority?” Mr Goodwin asked.

“They had to consult”, Mr Callaghan replied.

The court also heard from Beverley Tamwoy, the only other surviving 1998 Ankamuthi native title applicant.

Ms Tamwoy told the court it was not her signature next to her name on a document called “Gulf Alumina and Ankamuthi People Agreed Outcomes” dated May 21 and 22, 2013.

But she said she did recognise her signature on the royalty agreement between the Ankamuthi people and Gulf Alumina dated December 3, 2013, though she could not remember signing it.

Under cross examination from Mr Goodwin, Ms Tamwoy said she wouldn’t sign an agreement between a mining company or the Ankamuthi people that she believed to be wrong or a fraud.

Mr Goodwin asked her if she remembered travelling to Cairns with other family members and other Ankamuthi people to sit down and have a big presentation regarding the agreement between Gulf Alumina and the Ankamuthi people.

“Yes,” she said.

“Do you remember that meeting went for about four days where there was a powerpoint presentation and you were all given a copy of the agreement?” Mr Goodwin asked.

“Yes,” Ms Tamwoy said.

Under further cross examination, Ms Tamwoy said she couldn’t remember if there were many Ankamuthi people at the meeting but that after the meeting, she signed the agreement.

Originally published as ‘In a lot of trouble’: CEO recounts conversation with traditional owner Larry Joe Woosup