Michaelia Cash asked to explain contradictory union raids evidence

Michaelia Cash under fresh scrutiny after former media adviser gives evidence about his advance knowledge of raids on the AWU.

David de Garis, federal minister Michaelia Cash's former media adviser, leaves the Federal Court in Melbourne. Picture: David Geraghty

Small and Family Business Minister Michaelia Cash is under fresh scrutiny after her former media adviser yesterday gave evidence about his advance knowledge of raids on the Australian Workers Union that appeared to contradict her previous statement to a Senates estimates hearing.

David De Garis told the Federal Court that Senator Cash’s then chief of staff, Ben Davies, told him about the raids hours before they occurred in Melbourne and Sydney in October 2017.

Mr De Garis, who had been ordered by the court to say who told him about the raids, said he then tipped off the media, an action that led to his resignation.

Labor questioned Senator Cash in parliament yesterday about Mr De Garis’s court evidence given her previous evidence to Senate estimates.

She had told estimates that individual staff members told her they did not have prior knowledge of the raids and had not spoken to journalists before the execution of the search warrants.

Michaelia Cash. Picture: Gary Ramage

Labor senator Penny Wong asked Senator Cash whether she stood by her statement to estimates and whether she had received an assurance from Mr Davies that he did not have prior knowledge of the raids and did not speak to journalists.

Senator Cash said the answer to both questions was “yes and yes”.

The AWU is taking legal action in the Federal Court over the raids, claiming the Registered Organisation Commission’s investigation was politically driven. Senator Cash is due to give evidence in the case on Friday.

Mr De Garis yesterday refused to name his source but judge Mordy Bromberg ordered him to give evidence.

The judge granted him a certificate that would prevent his evidence being used against him.

Mr De Garis said Mr Davies called him into his office and told him warrants would be carried out about 4pm on the day of the raids, October 24, 2017.

Herman Borenstein QC, acting for the AWU, questioned Mr De Garis about the extent of the conversation.

Mr De Garis said it wasn’t a long conversation and lasted a number of minutes.

“What you just told us barely took half a minute,” Mr Borenstein said.

Mr Borenstein asked Justice Bromberg whether he could put leading questions to the witness, in the hope of gaining more detailed responses, adding he was “loath to do it”.

“You have not been loath to do this,” Mr De Garis interjected.

Mr Borenstein suggested to the court it was “highly unusual” that the two men would be in the room and Mr Davies would say only one sentence.

Mr De Garis said there was no discussion about what to do with the information and Mr Davies did not tell him the source of the information. He said he called several media outlets shortly after the conversation with Mr Davies.

“It was again one of the first investigations of the ROC,” he said.

“I didn’t understand the consequences of what I was doing undoubtedly, but my intention was to get media coverage.”

Mr De Garis told the court he could not remember whether he spoke with anyone else about the search warrants.

He said he did not try to confirm the veracity of what Mr Davies had told him.

Mr Borenstein told the court it was “remarkable” Mr De Garis hadn’t checked the information before disseminating it.

Mr Borenstein said Senator Cash’s two referrals to the ROC were a “curious transaction” because the minister lacked power under the statute to direct ROC.

He said one would think an independent regulator would send the referrals back and say: “We don’t receive directions from you, that’s not your function under the statute.”

The hearing continues.