Di Sahn Duong trial: China influence case compared to Sam Dastyari scandal

The trial of a Chinese-Australian community leader accused of planning foreign interference has been likened to a scandal which embroiled Labor Senator Sam Dastyari.

A Chinese-Australian businessman’s alleged attempt to “cultivate” former MP Alan Tudge has similarities with the saga that ended Labor senator Sam Dastyari’s political career, a court has been told.

Di Sanh Duong, also known as Sunny, returned to the Victorian County Court on Wednesday as his three-week trial entered its final stages.

The 68-year-old prominent community leader has pleaded not guilty to a single charge of planning or preparing to exert foreign interference over former Immigration Minister Alan Tudge in 2020.

Mr Duong has denied a donation made to the Royal Melbourne Hospital was an effort to build a relationship with former federal minister Alan Tudge on behalf of the Chinese Communist Party. Picture: NCA NewsWire / Andrew Henshaw

Crown prosecutor Patrick Doyle SC told the jury the case relates to a $37,400 donation made by the Oceania Federation of Chinese Organisations from Vietnam, Cambodia and Laos to the Royal Melbourne Hospital in 2020.

At the time, the donation was said to be a token of Chinese-Australian community members solidarity with the broader community during the Covid-19 pandemic and Melbourne lockdowns.

But prosecutors allege Mr Duong’s decision to involve Mr Tudge in the donation was “made with a view to approaching him in the future about matters of interest to the Chinese Government”.

“It’s not about the donation itself... There’s nothing illegal about that,” Mr Doyle said.

“The crown acknowledges, and always has, the Oceania Federation has an impressive record of charitable donations.”

The court was told an intercepted phone call captured Mr Duong tell an associate the “rather gentle” Mr Tudge was a possible future Prime Minister, whereas current opposition leader Peter Dutton was “too extreme”.

Mr Tudge is not accused of any wrongdoing.

Mr Duong (centre) with his barrister Peter Chadwick KC (right). Picture: NCA NewsWire / David Crosling

Mr Doyle alleged Mr Duong was a member of five community organisations under the direct supervision of a Chinese Communist Party (CCP) government body — The United Front Work Department.

The United Front, he said, runs a global program of influence directed mostly towards the 40 million ethnic Chinese people living overseas, seeking to co-opt them to advance the agenda of the CCP.

Mr Doyle pointed to evidence given at the trial by an intelligence operative, known as witness 14, about how the United Front carries out its program of influence.

Witness 14, he said, pointed to the “highly illustrative” example of former Labor senator Sam Dastyari who was “cultivated” by wealthy Chinese businessman Huang Xiangmo.

The court was told Mr Xiangmo (left) cultivated former Labour Senator Sam Dastyari (right).Picture: Supplied.

Mr Doyle said after developing a close relationship with Mr Dastyari and offering a $400,000 donation, Mr Xiangmo suggested he make a statement favourable to China’s position on the South China Sea — which he did.

Mr Dastyari ultimately resigned from Parliament

He said while the benefit provided to Mr Tudge was “not in the same category” as the case involving Mr Dastyari, “it was still there”.

He suggested Mr Tudge was interested in the donation because of the positive media attention it attracted.

“This is not a spy case,” he said.

“It’s a lot more subtle than that, it’s a lot more nuanced than that... This is a case about influence.

“He (Mr Duong) was an excellent candidate to be co-opted into the United Front system.”

The trial, before Judge Richard Maidment KC, continues.