Clive Palmer cries foul over China conspiracies
Clive Palmer’s lawyers say he can never receive a fair trial relating to criminal charges against him because of Hong Kong’s security law.
Clive Palmer’s lawyers say the billionaire can never receive a fair trial relating to criminal charges brought by the corporate watchdog because of Hong Kong’s security law and a conspiracy against him by Chinese business partners.
They also claim that Chinese state-owned miner CITIC, which has a mining operation on land tenured by Mr Palmer in Western Australia, has made false claims against him in order to have Mr Palmer charged.
The resultant criminal proceedings would ostensibly give them a forensic advantage in civil proceedings against Mr Palmer, he aid.
The claims were made in documents filed in the Supreme Court of Queensland in Mr Palmer’s attempt to have charges brought against him by the Australian Securities & Investments Commission withdrawn.
Mr Palmer was charged by ASIC in 2020 for allegedly using $12.16m held in a joint account with CITIC entities to fraudulently fund his 2013 election campaign for the Palmer United Party, as it was then known.
He is also facing charges from 2018 relating to his failed takeover bid at his Sunshine Coast resort.
The charges have stalled in the Brisbane Magistrates Court while Mr Palmer has made multiple attempts to have them thrown out.
He has applied to the Queensland Supreme Court to have the matter dismissed, even taking the unusual step of listing the Magistrates Court and individual magistrates as parties in the proceeding.
Mr Palmer’s legal team has amended his statement of claim multiple times over the past two years, challenging the ASIC case on several grounds.
According to ASIC, in August and September 2013 Mr Palmer withdrew $12.16m from an account held by his company Mineralogy and deposited it into accounts held by PUP, Media Circus, which ran his election marketing and advertising campaign, and other businesses in his control.
ASIC says the money was not Mineralogy’s to dispense and was jointly held on behalf of CITIC entities Sino Iron and Korean Steel to be used only to pay for expenses associated with authorised facilities related to their mining ventures.
Mr Palmer claims he was entitled to use the money as he did.
If found guilty, he could face up to five years’ imprisonment.
Mr Palmer’s lawyers wrote to the Commonwealth Director of Public Prosecutions in October to outline reasons why their client faced “serious prejudice” in preparing his defence. They criticised the seven-year delay from ASIC in bringing charges, stating that the security law in Hong Kong, introduced in 2020, made it impossible for him to call witnesses from Hong Kong and China.
“Mr Palmer must have the right to interview, subpoena or call witnesses in his defence, being persons resident in Hong Kong including directors of CITIC,” lawyer Tracey Robinson wrote.
“Under the security law, any person criticising China or not acting in China’s interest can be imprisoned or extradited to China, subject to prison, execution or life imprisonment.
“The security law effectively destroys the independence of any witness, especially those residents in Hong Kong or China, or of Chinese citizenship, in cases involving the Chinese government or state-owned companies.”
Ms Robinson said Mr Palmer has instructed two different solicitors from two different firms to visit Hong Kong in relation to the case but “both practitioners have declined, quoting the security law and concerns for their safety”.
“Mr Palmer’s right to prepare for a fair trial or committal is severely prejudiced,” she said.
The Supreme Court matter will be mentioned for review on January 31.