Former Bankstown councillor Jim Daniel claims case of mistaken identity over illegal campaign pamphlet allegations

FORMER Bankstown councillor Jamil “Jim” Daniel has claimed a case of ­mistaken identity over accusations he dropped illegal campaign material smearing a Labor candidate at last year’s election.

Jim Daniel outside court after his first trial hearing.

FORMER Bankstown councillor Jamil “Jim” Daniel has claimed a case of ­mistaken identity over accusations he dropped into East Hills letterboxes illegal campaign material smearing a Labor candidate at last year’s state election.

Three witnesses told investigators they saw Mr Daniel, then campaign manager for East Hills Liberal MP Glenn Brookes, distributing an A4 colour “pamphlet” on March 14, 2015, the Downing Centre Local Court heard yesterday.

On day one of the trial against Mr Daniel before Magistrate Peter Barnett SC, the court heard the men were returning home from soccer training when they saw the accused dropping material into letterboxes at around 10pm.

Mr Daniel (at the rear of the photo) was the campaign manager of East Hills MP Glenn Brookes at the time.

The material suggested that Cameron Murphy, then ALP candidate for East Hills, was a supporter of the “rights of paedophiles”.

In a brief opening statement, Peter Aitken, counsel for the NSW Electoral Commission, said witnesses to the letterbox drop told investigators that Mr Daniel’s face could be seen clearly in the street lights.

One of the witnesses, Nathan Bennett, later identified Mr Daniel from Mr Brookes’ Facebook page. Mr Bennett also alerted the ALP.

The double-sided pamphlet contained photos of Mr Murphy, statements and extracts from newspaper articles that “created an impression that was adverse to Mr Murphy,” Mr Aitken said.

He said Mr Daniel had sent an email to Liberal Party NSW headquarters on March 4 which outlined similar allegations against Mr Murphy and stating that “if ever there is a reason to get involved in this campaign ... this is it”.

Mr Aitken said the email was evidence of Mr Daniel’s “motive”.

However Manny Conditsis, counsel for Mr Daniel, said his client was in another suburb that night in March.

The material suggested that Cameron Murphy, then ALP candidate for East Hills, was a supporter of the “rights of paedophiles”.

He said Mr Daniel, who “had a very high profile in that area” was “picked out” after “a spurious identification process” adding that there had been no fingerprint or DNA material.

“Objectivity … in respect of this investigation has gone out the door,” Mr Conditsis said.

Lawyers for the ALP NSW branch also appeared at court yesterday objecting to a subpoena from Mr Daniel that sought access to branch records.

Mr Conditsis said the subpoena could uncover if Mr Bennett and his father were “Labor voters”.

The trial is the first criminal case prosecuted by the NSW Electoral Commission since it received new powers in December 2014.

Mr Daniel, who was sitting in the public gallery yesterday, was suspended from the Liberal party after he was accused in Parliament of distributing the pamphlets.

Mr Murphy strongly denies all of the allegations in the pamphlet.

The trial continues

Originally published as Former Bankstown councillor Jim Daniel claims case of mistaken identity over illegal campaign pamphlet allegations