Cash staffer reveals raid source in AWU leaks affair; AFP says evidence destroyed

Michaelia Cash’s former chief of staff says his source in the AWU raids leaks affair was negotiating to start work for the senator.

Senator Michaelia Cash is being pursued by Labor over the raids affair. Picture: Mick Tsikas/AAP

Michaelia Cash’s former chief of staff Ben Davies says a staffer with the Registered Organisations Commission, Mark Lee, told him in advance about raids on the Australian Workers Union.

Mr Davies told the Federal Court this morning he passed the information to Senator Cash’s then senior media adviser David De Garis and they agreed he would tip off journalists.

He said Mr Lee, then a media adviser with the commission, gave him the tip off when they were discussing arrangements for Mr Lee to start work for Senator Cash.

Mr Davies said Mr Lee told him the commission was acting on a tip from a ‘whistleblower’ about the potential destruction of documents by the AWU.

He said he understood the political implications was there was a commission investigation into donations made by the union when Bill Shorten was AWU leader, that the AWU might have been trying to destroy evidence unfavourable to Mr Shorten and there was an inference there was ‘some kind of cover up’.

While Mr Davies said he considered there were obvious political implications, he said he did not regard it of sufficient relevance to tell Senator Cash.

He said 40 minutes after being tipped off by Mr Lee, he met with Mr De Garis.

He said they agreed Mr De Garis would contact the media and ask reporters if they knew about the imminent search warrants and, if not, tell reporters the information on a ‘confidential background basis’.

He said Mr Lee pulled out of the job with Senator Cash after being named in Senate estimates for allegedly being involved in the leak.

Leaks evidence ‘destroyed’: AFP

Meanwhile, The Australian Federal Police said they believed there was enough evidence for individuals to be charged in the Australian Workers Union raid leak affair.

“We felt there was sufficient evidence in the brief of evidence however it was lacking some witness statements and so on that basis the commonwealth DPP advised that there were no reasonable prospects for a conviction in this matter,” an AFP officer told estimates.

The AFP also said they believed evidence was destroyed in relation to the investigation.

Senator Michaelia Cash, now Small Business Minister, is being pursued by Labor over her decision to refer to the Registered Organisations Commission donations to GetUp by the Australian Workers Union — which Bill Shorten used to lead.

News of the subsequent raids were then leaked to the media, which led to an AFP investigation.