CFMEU heavyweights John Setka and Shaun Reardon face committal hearing on blackmail charges

A ‘PROPAGANDA’ video that portrayed Grocon as an organisation employing bikies to act as safety officers on building sites has aired in the preliminary hearing over blackmail charges against two union heavyweights.

A VIDEO labelled by prosecutors as “union propaganda” has been aired in the preliminary hearing over blackmail charges against construction union heavyweights John Setka and Shaun Reardon.

The dramatic 15-minute video portrayed Grocon as a heartless organisation that employed Hell’s Angels bikies to act as OH&S officers at its building sites.

Prosecutor Ray Gibson opposed the video being shown, but was overruled by Magistrate Charlie Rozencwajg.

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CFMEU officials John Setka (left) and Shaun Reardon (2nd left) enter court with their lawyers. AAP

The CFMEU bosses are accused of blackmailing Boral executives Paul Dalton and Peter Head in April 2013 as the union fought to see its own officials appointed as OH&S reps on Grocon sites.

Both allegedly threatened to blockade Boral plants and stop its trucks if the company refused to meet the union’s demands.

The Melbourne Magistrates’ Court heard the alleged blackmail threats occurred at a North Melbourne cafe during a meeting the CFMEU officials believed to be “off the record”.

The meeting was called in the hope Boral could convince the union to lift a blackban on its cement deliveries.

At the time, Boral had obtained its third Supreme Court injunction against the union’s blockades and was in the process of launching contempt proceedings over alleged breaches of the injunctions.

Mr Dalton said he went into the meeting with the intention of it being off the record with a view of reassessing that opinion depending on what happened.

In a day of drama, barristers acting for the union attempted to have the investigating officer booted from the court while Boral executives gave evidence.

CFMEU official Shaun Reardon (middle) walks into court. AAP

Neil Clelland QC, for Mr Reardon, asked Mr Rozencwajg the detective responsible for running the case to be removed from the courtroom due to “issues with the investigation and his conduct”.

The application was only withdrawn when it was revealed the detective was entitled to sit in on the two-week hearing by law.

The preliminary hearing has been a long-time coming after efforts by the union to have the criminal charges scrapped were denied by the Supreme Court.

The union had unsuccessfully argued the men should never have been brought before a criminal court as the matters were civil in nature.

The Melbourne Magistrates’ Court heard evidence from Mr Dalton, who in April 2015 told police Mr Setka had “threatened” him during a phone call in late 2012.

He told police Mr Setka had given him a “heads-up” that Boral trucks were going to run into trouble at the Grocon site.

“It’s nothing personal,” Mr Setka allegedly told him.

Mr Setka outside court. AAP

Mr Dalton maintained he believed Mr Setka had threatened him despite notes of the conversation found almost a year later suggesting otherwise.

The court heard Mr Dalton noted Mr Setka had advised him not to send Boral cement in Grocon-badged trucks to a site because the CFMEU would turn them back.

“It was far from a threat,” Mr Clelland said.

“It was a helpful communication to you that if you send Boral-badged trucks they wouldn’t be turned around.”

Mr Dalton maintained he did not believe Mr Setka aimed to be helpful.

“It shouldn’t matter what truck the concrete comes in,” he said.

The court heard the conversation had not been referred to as threatening during a submission to the Royal Commission into trade unions a year earlier.

Mr Dalton claimed he raised the contents of the notes with police in 2016, but was not asked to amend his police statement.

He told the court he had never complained to police that he was blackmailed, but maintained under oath that he believed he had been threatened by Mr Setka.

The hearing continues.

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