CFMEU’s John Setka takes on top silk to fight blackmail charges

CFMEU boss John Setka has engaged a high-priced barrister to defend him against blackmail charges.

Militant construction union boss John Setka has engaged one of Australia’s highest-priced criminal barristers to defend him against blackmail charges as the CFMEU leadership comes under pressure to justify the amount of members’ money being spent on legal costs.

Robert Richter QC, a barrister renowned for successfully defending prominent clients in politically charged cases and who charges $10,000 a day, will appear for Mr Setka today in the Melbourne Magistrates Court when the CFMEU Victorian secretary and deputy Shaun Reardon answer charges arising from the trade union royal commission.

A large CFMEU protest in support of the two officials is expected on the steps of the court. Mr Setka and Mr Reardon face up to 15 years’ jail.

Federal Labor leader Bill Shorten was grilled about Mr Setka and Mr Reardon yesterday as he unveiled details of the opposition’s policy to improve union governance with workplace relations spokesman Brendan O’Connor.

Mr Shorten revealed Mr Setka and Mr Reardon could lose their powerful positions in the union if they are found guilty of blackmail and receive long prison sentences.

But he refused to say if he considered the charges “serious”. “In all fairness, I’m not going to start evaluating the police investigation, that is not my role, I am not a judge,’’ Mr Shorten said.

Mr O’Connor, whose brother is CFMEU national secretary Michael O’Connor, added: “We have no tolerance for illegality, we’ve made that very clear, and today our announcement will ensure we will have stronger govern­ance for unions and employer bodies if the government supports our reforms.”

Labor has proposed higher financial penalties for officials who make “egregious” breaches of criminal and civil laws and for the financial regulator to have investigative powers over unions.

Victorian Premier Daniel Andrews refused to comment on the arrest and charging of Mr Setka, whose branch makes up part of the Premier’s factional base within the Labor Party, other than to say: “There is no doubt these are very serious matters. I have said many times ... anyone who does the wrong thing should feel the full force of the law.’’

Mr Richter’s fee will be paid out of union funds, which have already been depleted by the Victorian division’s ill-fated blockade of Grocon sites, which cost the union nearly $5 million in fines and payouts to the construction company.

Mr Setka has spent three years of union time and resources on a defamation suit against former prime minister Tony Abbott, which remains at a preliminary stage in the Victorian Supreme Court. The case has not progressed since early this year when Mr Setka was refused special leave to appeal a ruling that upheld the legal basis of Mr Abbott’s defence. Sources estimate the action has cost Mr Setka’s side $250,000 to $400,000.