‘Power to kill’: Clive Palmer tells defamation trial he feared for his life

Billionaire Clive Palmer has told a defamation trial he believed a law passed in Western Australia gave Premier Mark McGowan power to murder him.

Billionaire Clive Palmer has told a defamation trial that he believed a law passed in Western Australia gave Premier Mark McGowan power to murder him with impunity.

The mining magnate is suing Mr McGowan for defamation, while the Premier is countersuing Mr Palmer in the Federal Court in Sydney.

Mr Palmer on Wednesday gave evidence about his legal fight over the WA hard border, his stalled iron ore project, arbitration between the parties and the extraordinary legislation that was passed to block his ability to claim almost $30bn in damages.

He said his understanding of the Bill was that it gave Mr McGowan power to kill him with impunity.

“That was my analysis – that the scope was wide open and I acknowledge that murder was an extreme,” he told the court.

Clive Palmer said he feared for his safety. Picture: NCA NewsWire/Damian Shaw

Barrister Bret Walker grilled Mr Palmer during cross-examination, suggesting there was nothing in the legislation about authorising murder.

“It was quite a shock when the Bill came through and all these things happened, and there was a great level of fear in what might be happening and what might be going on that we don’t know about,” Mr Palmer responded.

“I reached a view that that’s what I thought it enabled them to do if they wanted to at an extreme level … that was a level of concern.”

It was put to Mr Palmer that he was prepared to publicly categorise the Bill as authorising murder without being sure that its terms did so.

“I was quite clear in my mind,” Mr Palmer replied as he quoted back a paragraph.

“To my mind, that meant that they could make offences under the criminal code and not be held liable for them.”

The United Australia Party leader admitted he had no legal training.

Mr Palmer left his yacht to give evidence in court. Picture: NCA NewsWire/Dylan Coker

Mr Palmer said he had thought mediation over the mining project would lead to a resolution but instead he felt “stupid” and “helpless” when the so-called Palmer Act was passed.

“I got really mad that they lied to everybody,” he said.

“I then thought it might have been a criminal act they were doing – I remember looking up the WA Criminal Code, looking at fraud.

“He seemed to be proud of the fact he had acted dishonestly, and I couldn’t understand that.”

Mr Palmer said it all became too much for him and he “ended up vomiting”.

He even likened the situation to a James Bond film and Nazi Germany.

“I was a bit frightened what they might to do me or my family … they could really do anything to me,” he said.

“I then thought about James Bond movies … how would you licence someone to kill? I didn’t know what the limits might be.

“I didn’t expect governments ever to produce legislation like that in Australia, so it really told me that you better take these people serious – they could do anything.

“I did think about … what happened in Nazi Germany and how that legislation was framed … I guess I was racing all over the place because I didn’t know a rational explanation for this.”

Mr Palmer has been entertaining guests on his super yacht. Picture: NCA NewsWire/Dylan Coker

Justice Michael Lee asked whether Mr Palmer “had a genuine fear” for his safety, to which he replied: “Yeah, but not just my safety – the safety of others – my employees in WA, who subsequently were attacked, and for my family.”

Mr Palmer said he thought he was “really stuffed”.

“I couldn’t sleep at night. My wife and children were worried what would come next,” he said.

Mr Palmer said he wondered when he was labelled the “enemy of the state” that it was not just about his hard border challenge but also over their arbitration dispute.

“They wanted to get me,” he said.

“I just didn’t know what to do. I was just very, very upset.”

Mr Palmer has testified about the upset he endured. Picture: NCA NewsWire/Dylan Coker

Mr Palmer said he did not want to go outside or give media interviews.

“I felt an anger inside. I wanted to retaliate against Mr McGowan,” he said.

“I tried to moderate that and I put out a number of letters in response.

“I thought the only way we can solve this is by reasonable discussion or goodwill. I didn’t want to be critical, I didn’t want to do him any harm.

“Despite my anger, I realised I had a responsibility to my family and the people who work for me.”

Mr Palmer said he had even seen a video from a nightclub of people singing they wanted to kill him.

“I was concerned … it is very hard to stay controlled when there’s been this level of violence against you,” he said.

Asked about comments made by Mr McGowan that WA was at “war” with Mr Palmer, the Queenslander said he did not think the Premier could declare war on anyone.

He further added that he had no ill will or malice towards Mr McGowan.

“I had no idea what he might do against me,” he said.

“I had a bit of fear, I guess, and embarrassment.”

During the lengthy cross-examination, Mr Palmer was repeatedly accused of lying.

“That’s just untruthful,” he responded.

Premier Mark McGowan will testify later in the trial. Picture: AAP Image/Richard Wainwright

Mr Palmer was grilled about his comment that the Premier had lied regarding health advice he had received to justify the hard border.

Although he said he had determined Mr McGowan was a liar, Mr Palmer was unable to produce any material to prove it.

Mr Palmer was then questioned over comments he made about the Premier’s relationship with China.

In a statement in May 2019, which does not form part of the defamation case, Mr Palmer said questions needed to be asked as to whether Mr McGowan had a bank account in Beijing.

Mr Walker argued that Mr Palmer intended to suggest an improper relationship between Mr McGowan and the Chinese government.

He added that it intended to be a “very harsh criticism” of the Premier, but Mr Palmer said he did not think it was “harsh at all”.

“I think I was responding to Mr McGowan’s behaviour,” Mr Palmer said.

Mr Walker further suggested Mr Palmer was involved in “sinister innuendo” about the Premier, but the businessman brushed it off.

The legal team at the trial. Picture: NCA NewsWire/Damian Shaw

In another comment, Mr Palmer described the Premier as “unpatriotic” and said he should not be doing “China’s bidding”.

“They’re not intended to be personally offensive to him,” Mr Palmer said.

Mr Walker suggested Mr Palmer had made “absurd, overblown and disgraceful” comments about the Premier.

“I would say that’s a fair political comment,” Mr Palmer replied.

“He’s said worse things about me and the Prime Minister.”

Mr Walker also put to Mr Palmer that he was determined to use “extreme language” when he disagreed with the Premier.

But Mr Palmer said he had a political position about the hard border and believed it should come down.

“I think I’m entitled to say that,” he said.

“Many people agreed with me … it’s a political debate.”

Mr Palmer said his experience with Mr McGowan showed the Premier had been dishonest.

Mr Palmer’s wife Anna has provided an affidavit for the trial. Picture: NCA NewsWire/Dan Peled

When asked if he hated what the Premier stood for, he said he did not hate Mr McGowan but he did disagree with him.

“I’ve never done the real damage to McGowan that he’s done to me and my companies, and it’s only reasonable to expect that I’d take issue with him about it,” Mr Palmer said.

CLIVE PALMER’S WIFE SPEAKS OUT

The court released a seven-page affidavit from Mr Palmer’s wife Anna, who said her husband was a person of “substantial public profile and standing, both in Australia and overseas”.

“I have known my husband for over 25 years and in that time he has always shown to be deeply caring for the health and wellbeing of all his fellow Australians, including West Australians,” she said.

“When I became aware of each of the matters complained of, I was first in disbelief as the statements and their imputations are simply false.

“My feelings were deeply hurt from each statement, and further exacerbated each time the respondent continued and made new false and misleading statements and allegations targeting my husband.

“The continued and cumulative negative and inciteful statements could and are likely to derogate my husband’s good character and reputation in so many fields of both public and business sectors, both in Australia and overseas.”

Anna Palmer says her feelings were deeply hurt by the Premier’s comments about her husband. Picture: Lyndon Mechielsen

The mother of two, who is also a lawyer, said her husband had expressed “distress and hurt” from the statements and their imputations.

“All the matters complained of and their imputations are false and deeply hurtful to both of us and our family,” she said.

Mr Palmer finished giving his evidence on Wednesday afternoon.

The Premier and WA Attorney-General John Quigley will be required to travel to Sydney to give their evidence in-person on February 26.

In his counterclaim, Mr McGowan alleges his reputation was damaged when Mr Palmer said he repeatedly lied and abused the parliamentary system.