Former Cash staffer refuses to answer question about AWU raid

A judge will today decide whether to compel a former Michaelia Cash staffer to say who told him about raids on AWU offices.

Former Michaelia Cash staffer David de Garis outside court yesterday. Picture: David Geraghty

A federal judge will today decide whether to compel former Michaelia Cash staffer David De Garis to say who tipped him off about a police raid on Australian Workers Union offices after the media adviser refused to give evidence on the grounds it may incriminate him.

The Federal Court civil trial into the legality of 2017 Australian Federal Police raids on the AWU’s Melbourne and Sydney offices began yesterday with Mr De Garis the first witness.

Mr De Garis has previously admitted he leaked details of the raids to the media, but yesterday declined to tell the court who told him about the raids.

“Your honour, I respectfully decline to answer on the grounds it may incriminate me,” he said.

Following legal argument, judge Mordy Bromberg offered Mr De Garis a certificate which would prevent his evidence being used against him. Mr De Garis told the court he understood his options but respectfully declined to answer the question. Justice Bromberg will today give his ruling on whether to compel Mr De Garis to answer the question.

The AFP raided the AWU ­offices as part of an investigation into donations to left-leaning ­activist group GetUp a decade earlier. The investigation was launched by the Registered ­Organisations Commission, which was tasked with regulating union and employee associations.

Herman Borenstein QC, representing the AWU, questioned Mr De Garis about his knowledge of the ROC investigation.

He told the court Senator Cash sent two letters of referral to the ROC regarding the union in the months leading up to the ­investigation.

“We say, your honour, the ROC being aware of the particular interest of the minister in these matters, going back to when the minister wrote letters in August, influenced the decision of the ROC to commence the investigation,” Mr Borenstein said.

“The underlying theme is there was a keen political interest on the part of the senator in the subject matter of the invest­igation.”

Frank Parry QC for the commission said Mr Borenstein’s questions to Mr De Garis about the raid were speculation about political “conspiracies” and were not relevant as to the ROC’s reasons for action. “What goes on in the minister’s office is a matter for the minister,” he said. “Whatever views the minister might have had about political advantage … take the matter nowhere as far as the Registered Organisation Commission is concerned.”

Senator Cash is expected to give evidence on Friday. Federal parliament is sitting from today to Thursday.

“Michaelia Cash, after months of ducking and weaving, will give evidence,” AWU lawyer Josh Bornstein said outside court.

“There will be nowhere to hide for Michaelia Cash. There will be no whiteboards in the Federal Court.”

The raids were part of an investigation into a $100,000 ­donation from the union to GetUp in 2006.