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‘Forgetful’ Clive Palmer claims privilege against self-­incrimination

Clive Palmer has repeatedly claimed privilege against self-­incrimination in the Federal Court.

Clive Palmer outside the Federal Court in Brisbane yesterday.
Clive Palmer outside the Federal Court in Brisbane yesterday.

Clive Palmer has repeatedly claimed privilege against self-­incrimination in the Federal Court as he defended his recent grab for $135 million in assets from his collapsed company Queensland Nickel.

The former federal MP made another dramatic appearance in the witness box yesterday, grasping a vomit bag, blaming his morphine painkillers for his intermittent memory problems, and likening the court process to “Nazi Germany”.

Mr Palmer revealed to Queensland Nickel’s liquidators that he had appointed his friend and business ally Domenic Mar­tino as controller of his China First company two weeks ago, just days before the “attack” of pancreatitis he blamed for his unreliability in the witness box.

He said Mr Martino — whom he described as a former head of Deloitte in Australia and to whom he sold one of his Gold Coast mansions for a bargain price of $1.75m in September for no profit — was hired in the “best interests” of China First.

The resources magnate confirmed Mr Martino was appointed to chase the $135m that China First claims it is owed by Queensland Nickel, but Mr Palmer said he could not remember whether he told Mr Martino the debt was being challenged in court by liquidators. On the orders of Mr Palmer, Mr Martino also tried to “compromise” a $105m lawsuit launched by liquidators against Mr Palmer’s flagship company, Mineralogy.

Queensland Nickel — the largest private employer in north Queensland — fell into administration in January last year, eventually costing nearly 800 workers their jobs and leaving creditors $300m out of pocket. For months, the company’s liquidators have hauled Mr Palmer into court to give evidence under oath about his corporate empire, to inform litigation aimed at recouping cash for creditors.

Mr Palmer has tried to avoid returning to the witness box recently by pleading illness caused by complications from a March operation to remove his gallstones.

Last week, he turned up at court flanked by minders who carried a pillow, breathing apparatus and vomit bag for their pale boss. Yesterday, he eschewed the breathing device — which had drawn widespread comparisons to Christopher Skase — but kept the sick bag close.

At one stage, his solicitor delivered it to Mr Palmer in the witness box after he left it outside during a break.

Mr Palmer had to be frequently reminded by his lawyers to claim privilege when answering questions about Mr Martino and China First. In the space of one hour, Mr Palmer claimed privilege against self-incrimination 21 times.

“I can’t recall because of my mental — because of my health state,” he said at one point when pressed for details about Mr Martino’s hiring, with his head in his hands.

Mr Palmer also struggled to remember which companies in his corporate empire employed certain staffers, including his brother-in-law.

“I don’t know who people are employed by,” he admitted.

Mr Palmer was able to confirm that he sacked his globetrotting nephew Clive Mensink as director from a slew of his companies on February 8, as revealed by The Australian.

“All my companies, I removed Mr Mensink as a director because he wasn’t in Australia,” he said.

As he left court, Mr Palmer told reporters he’d had a double dose of his morphine-based painkiller Targin yesterday.

“I don’t think it’s a good policy for people on narcotics to give evidence … you can’t rely on (it).”

Sarah Elks
Sarah ElksSenior Reporter

Sarah Elks is a senior reporter for The Australian in its Brisbane bureau, focusing on investigations into politics, business and industry. Sarah has worked for the paper for 15 years, primarily in Brisbane, but also in Sydney, and in Cairns as north Queensland correspondent. She has covered election campaigns, high-profile murder trials, and natural disasters, and was named Queensland Journalist of the Year in 2016 for a series of exclusive stories exposing the failure of Clive Palmer’s Queensland Nickel business. Sarah has been nominated for four Walkley awards. Got a tip? elkss@theaustralian.com.au; GPO Box 2145 Brisbane QLD 4001

Original URL: https://www.theaustralian.com.au/news/investigations/clive-palmer/forgetful-clive-palmer-claims-privilege-against-selfincrimination/news-story/aaf342c3b01b998e408b64ec014a08f7