AWU raid leak ‘designed to damage Shorten’

Michaelia Cash’s former adviser jointly leaked news of police raids on the AWU with a staffer working for Michael Keenan.

Michaelia Cash’s former adviser David De Garis. Picture: AAP

Michaelia Cash’s former adviser David De Garis jointly leaked news of police raids on the Australian Workers Union with a staffer working for then justice minister Michael Keenan, acknowledging he took into account the impact the leak would have on Bill Shorten’s reputation.

Mr De Garis, who resigned after his leaking to the media was revealed, said he contacted Mr Keenan’s then media adviser, ­Michael Tetlow, after being told by Senator Cash’s chief of staff, Ben Davies, about the imminent raids in October 2017.

After they discussed how to disseminate the information to the media, Mr De Garis said he telephoned newspaper reporters and Mr Tetlow contacted television journalists to tell them about the raids later that day.

Under questioning by AWU lawyer Herman Borenstein in the Federal Court yesterday, Mr De Garis said he telephoned journalists from The Australian, The Daily Telegraph and Fairfax.

Mr De Garis said he took into account the impact on the Opposition Leader’s reputation when he decided to leak news of raids.

“It would have been at least part of my thinking, I am sure,” he told the court.

Mr De Garis was asked whether he told Senator Cash that he was leaking information about the raids. “No, not that I recall,’’ he said. “I would probably remember but I would imagine it’s no.”

The AWU is taking legal action in the Federal Court over the raids, claiming the Registered Organisation Commission’s investigation was politically driven.

Mr De Garis, who told the court on Tuesday he was given advance notice of the raids by Mr Davies, was asked whether Mr Davies ­expected him to leak the information to the media.

Mr De Garis said Mr Davies “might have assumed I would”.

Mr Borenstein also questioned Mr De Garis over emails, phone logs and text messages that Australian Federal Police retrieved from Mr De Garis’s work mobile phone, iPad and laptop.

Mr De Garis admitted he deleted text messages he exchanged with Mr Tetlow about the leaks, describing his conduct as “probably not the smartest thing to do”.

Federal Court judge Mordy Bromberg granted Mr De Garis a certificate that prevents his evidence being used against him.

In question time yesterday, Labor workplace relations spokesman Brendan O’Connor asked Mr Keenan whether he stood by his previous answers that neither he nor anyone in his office told the media about the raids prior to the execution of search warrants.

Mr Keenan said he stood by his previous answers. He said the AWU offices were “raided in search of documents about wrongdoing” by Mr Shorten when he ran the AWU.

Mr O’Connor said: “There is somebody lying — either the former adviser of Minister Cash, under oath, is lying to the court or Minister Keenan is lying to the parliament.”

Mr Davies is due to give evidence in the Federal Court today and Senator Cash is scheduled to appear tomorrow.

The commission’s acting media adviser, Mark Lee, and its executive director, Chris Enright, will also give evidence.