Evidence of ‘crime’ in AWU raid leak, DPP says

The Commonwealth DPP believed there was evidence a crime was committed in leaking information to the media about raids on the AWU.

Commonwealth Director of Public Prosecutions Sarah McNaughton at Senate Estimates hearings at Parliament House in Canberra, Tuesday, February 19, 2019. (AAP Image/Mick Tsikas) NO ARCHIVING

The Commonwealth Director of Public Prosecutions believed there was prima facie evidence a crime had been committed in ­relation to the leaking to the media of raids on the Australian Workers Union.

In deciding not to prosecute, the Commonwealth Solicitor, Andrea Pavleka, said yesterday a lack of a large number of statements was an “important factor”.

The Australian Federal Police said on Monday that Small and Family Business Minister Michaelia Cash and then justice minister Michael Keenan declined to provide witness statements to its investigation into the media being tipped off about raids on the AWU in 2017.

Senate estimates heard last night that taxpayers had paid $288,812 for Senator Cash’s legal representation in relation to the AWU legal proceedings.

The AFP said on at least two occasions it sought statements from Senator Cash and Mr Keenan but they provided letters that the AFP said it did not classify as witness statements.

Ms Pavleka told an estimates hearing yesterday the DPP was told by the AFP it had sought statements from Mr Keenan and Senator Cash and had not been able to obtain them.

She said she believed the mat­erial provided by the AFP did provide prima facie evidence of the commission of a crime by the one unnamed person, but she said there was a combination of factors for deciding there was a reasonable prospect of conviction, and the lack of witness statements was an “important factor”.

During the estimates hearing, Liberal senator Linda Reynolds defended Senator Cash and Mr Keenan and insisted they co-­operated with the AFP, providing information as requested.

Commonwealth DPP Sarah McNaughton said she played no part in the deliberations over whether to prosecute, after declaring the appearance or perception of a conflict given she had been a counsel assisting the trade union royal commission.

Senator Cash told the Federal Court last week that when she sent the letter to the AFP attaching a copy of her previous evidence to Senate estimates, she knew her former media adviser David De Garis had leaked news of the raids to the media.

Labor yesterday wrote to the secretary of the Department of Prime Minister and Cabinet, Martin Parkinson, seeking an inquiry into a “potential breach” of the prime minister’s statement of ministerial standards by Senator Cash and Mr Keenan.