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10/11/15 1 Copyright in this document is reserved to the Crown in right of the State of Western Australia. Reproduction of this document (or part thereof, in any format) except with the prior written consent of the Commissioner of the Corruption and Crime Commission Act is prohibited. CORRUPTION AND CRIME COMMISSION OF WESTERN AUSTRALIA COMMISSIONER JOHN McKECHNIE QC TRANSCRIPT OF PROCEEDINGS AT PERTH ON TUESDAY, 10 NOVEMBER 2015, AT 10 AM COUNSEL: MR A. TROY MS K. NELSON

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Page 1: CORRUPTION AND CRIME COMMISSION COMMISSIONER JOHN ... · repairs - - - THE COMMISSIONER: Just take your time and read what you answered on oath previously?---I’d have to think about

10/11/15 1

Copyright in this document is reserved to the Crown in right of the State of Western Australia. Reproduction of this

document (or part thereof, in any format) except with the prior written consent of the Commissioner of the Corruption and

Crime Commission Act is prohibited.

CORRUPTION AND CRIME COMMISSION OF WESTERN AUSTRALIA COMMISSIONER JOHN McKECHNIE QC TRANSCRIPT OF PROCEEDINGS AT PERTH ON TUESDAY, 10 NOVEMBER 2015, AT 10 AM COUNSEL: MR A. TROY MS K. NELSON

Page 2: CORRUPTION AND CRIME COMMISSION COMMISSIONER JOHN ... · repairs - - - THE COMMISSIONER: Just take your time and read what you answered on oath previously?---I’d have to think about

10/11/15 MARTIN, L.A. XN 2 (Public Examination)

MARTIN, LEIGH ANDREW called: THE COMMISSIONER: Please be seated. Mr Martin, you’ve been here before and this is now a public examination and I would invite you to take the oath or affirmation. MARTIN, LEIGH ANDREW affirmed: THE COMMISSIONER: Mr Martin, again I will ask you as you’ve signed one, again the notice to witnesses did you read it?---The paperwork? Yes?---Yes. And you understand it?---Yes. I appoint Mr Troy and Ms Nelson as counsel assisting and Mr Troy will ask questions on my behalf. TROY, MR: Mr Martin, you’re the owner, I think, of a mechanical workshop. Is that right?---Yes, that’s right. Is that Lethal Performances?---Yes. Is that located in Bassendean?---Yes. You’ve been involved in that type of work for some time? ---Yeah, I’ve owned the business since 2008. You would be familiar presumably with the fact that circumstances sometimes arise where a vehicle needs to be formally examined on behalf of the Department of Transport?---Yes. An obvious example perhaps would be if it receives a yellow sticker or defect notice by the police and it needs to be examined before it can be driven or ridden again?---Yeah. You’re not an authorised vehicle examiner yourself. Is that right?---Yes. So you’re not authorised by the Department to formally carry out inspections on their behalf?---no. But there are circumstances no doubt where you receive vehicles that need to be examined?---What, repairs? Yes?---Yeah. And sometimes vehicles that need to be examined formally before they can be allowed back on the road on occasions? ---Yeah; basically, yeah.

If those circumstances arise, that is, if a vehicle needs to be formally inspected, you would ordinarily go to a workshop called Crypton Autos. Is that correct?---Yes. That’s in Walliston?---Yes.

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10/11/15 MARTIN, L.A. XN 3 (Public Examination)

That’s about a 20-minute drive from where you’re based? ---Yes. In fact you would only go to that particular premises to get vehicles examined?---Yeah. The person who runs that particular place is Troy Pintabona. Is that right?---Yes, that’s right. How long had you known him for?---Just over a year. So you got to know him sometime last year. Is that right? ---Yeah, probably not quite two years: a year and a half. How regularly would you bring vehicles to him either to be repaired or to be examined?---Maybe once a week. It wouldn’t always be the case would it that those vehicles needed to be examined, sometimes they just needed to be repaired?---Yeah. But sometimes you would bring vehicles to him to be examined?---Well, I check them myself because I’ve got a mechanical knowledge. Yes, sure?---And run through on the hoist of what needs doing, and then I would do as much as I can so I can try and get it passed without getting extension to go back. Do you know what I mean? So you would do a certain amount of work?---Well, I will look. If a rubber’s hanging out or something like that or bald tyres, I will – I did the yellow sticker work, repair work, to try and make myself some money in mechanical field by doing the repairs, like bald tyres, oil leaks, before they could actually go and get examined. So you would do the work but you wouldn’t be in a position obviously to formally inspect it?---No; I mean, no. Having done the work on a particular vehicle, once you had done that work you would then send it to Mr Pintabona? ---Yes, either me or the owner of the vehicle. So either you would take it or you would tell the owner of the vehicle where to go to?---Yep. Would Mr Pintabona sometimes come to your premises in Bassendean?---He’s come and looked and some of the – visual looked at some of my stuff, yes. Would he sometimes come and tell you that there was

still - - - THE COMMISSIONER: Perhaps we can get it from the witness. TROY, MR: Certainly.

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10/11/15 MARTIN, L.A. XN 4 (Public Examination)

Can you tell us what would happen when Mr Pintabona would come to your premises?---He would look at the vehicle and tell me it needs this, this, this and that before I even go to examine it or come and – bring it up to him. What would happen when he said that?---What do you mean? What would you do?---Ring the customer and tell them how much extra it’s going to be. Assuming that the customer agrees with the extra work, would you do that work?---Yeah. If I’m getting paid for it, yeah, definitely. Having then done the work, what would then happen?---I’d book it in to Troy’s or let the owner take it up there, whichever’s easier for them. Would there be occasions when for the same vehicle Mr Pintabona would come to your premises twice to look at the vehicle?---I don’t understand. You’ve told us about a situation where Mr Pintabona would come to your premises - - -?---Yeah. - - - and look at the vehicle?---Yeah. Tell you that there were things that needed to be done to it. Were there occasions when he came - - -?---Well, there’s one that I’ve taken the vehicle up there and he hasn’t passed the vehicle because there’s something wrong with it. So I will go back, fix it, either that day or the next day, and he will go past, visually inspect it to see if it’s done before he does anything with it, so I haven’t taken the car back up there. So that would be a circumstance where you have taken the vehicle to him?---Yes. He has then told you that certain things need to be done to the vehicle?---Yes. You have brought it back to your workshop and done that work?---Yes. And then you understood that Mr Pintabona would examine it visually at some stage?---Yeah. Yeah, I wouldn’t do that to my customer. In instances where, for example, he came to your premises and told you what additional work needed to be done to the vehicle, would he charge you for that?---No. No, you mean the time he came back past to have a look at it?

He has come to your premises, just to use an example, and has looked at a vehicle and has pointed out to you that there are a number of problems with the vehicle?---Okay, yes.

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10/11/15 MARTIN, L.A. XN 5 (Public Examination)

Has he charged you for coming to your premises and giving you that verbal advice?---No. If a vehicle is to be examined, is there paperwork that has to be completed?---Yes. Who has to complete that paperwork?---I usually complete the top section, put my business name in, something like driver’s licence and sign my signature, and then basically that’s it. He does the rest. We will see some examples of this in a little while, but you would fill out the top section of the paperwork? ---Yeah. And having done that, would you give Mr Pintabona the paperwork?---Yes. Yeah. When you would give him the paperwork, would that be before or after a vehicle had been examined?---Just before, when I drop the car, like when I drive the car there I will it all out, sit there, and then they do the rest. Is that what you mean? Yes. Would you then at some stage get the paperwork back? ---Yes. Would it be the same day that you understood that the vehicle had been examined or some later period?---Sometimes I have taken cars up there way too late, like at 4.00, 4.30, so I don’t get my paperwork till the next day. Were there ever occasions that you can remember when Mr Pintabona gave you the paperwork that informed you that the vehicle had passed an examination before the vehicle had actually been examined?---So he has given me paperwork? Yes, before he has looked at the vehicle?---No. I will just ask you, Mr Martin, just about something that you said when you were examined on 28 August for this commission, so a few weeks ago. I wonder if that could be placed on the screen if possible. Thank you. Mr Martin, it might be necessary just to look at some aspects of what you said when you were asked questions on this particular occasion, which was 28 August at 10 am before this commission. Can I ask that we go to page 8 please. Thank you. Just towards the bottom of the page, if we can. Mr Martin, I just want to ask you about this, you have been asked questions, right at the very bottom where it was put to you in circumstances that you have just described before when you had taken a car to Troy, he said that there’s a

couple more things to be done on it. Can you see that question?---At the bottom there, yeah. The question is in a number of parts but it has been introduced by taking you to circumstances that you have

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10/11/15 MARTIN, L.A. XN 6 (Public Examination)

described where you have taken a car to Troy, which is obviously Mr Pintabona, and he has said that there are a couple more things to be done on it. Okay?---Yep. Then the question continues:

You take it back to your workshop and do those – make those additional changes or repairs. Has he then given you the paperwork before he has left his workshop or does he give it to you after he has come and checked it at your workshop to say that it has passed?

Can you see that question?---Yeah. Your response I think which is at the bottom of the page and just going over to the following page was:

He has given it to me a few times before he has looked at it, yes.

Can you see that?---Yeah. So when you gave that answer were you saying that there were occasions, a few times, when Mr Pintabona has given you paperwork before he has looked at the particular vehicle?---I’m mixed up. I don’t know. I haven’t read it properly but no, he’s - I’ve left the workshop, done the repairs - - - THE COMMISSIONER: Just take your time and read what you answered on oath previously?---I’d have to think about when it was; it was ages ago but off the top of my head, no, I don’t think I have. Most of the cars he’s checked and given the paperwork afterwards. TROY, MR: That may well be right but I’m just asking you whether there were at least some instances where, as appears to be the case from your answer a few weeks ago, there were occasions when he had given to you the paperwork a few times before he has looked at the vehicle. Has that ever happened?---Do you mean he’s given me the paperwork before I’ve actually done the repairs on the vehicle? Well, that would appear to be what you were saying in that answer and that’s why I’m exploring it with you?---Not off the top of my knowledge, no. Do you know why you gave that answer on 28 August?---I probably - I don’t know. It’s, I don’t know, a bit confronting. I’ve never been in anything like this. Did you understand the question that you were being asked

at this particular point in the examination?---Yeah. So you understood that the lawyer who was asking you questions was asking you about what happens when you take a vehicle to Mr Pintabona and he says to you that there’s

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10/11/15 MARTIN, L.A. XN 7 (Public Examination)

additional work that needs to be done to it. Yes?---Yeah. That there I think is a car I did for a customer and it was like a headlight globe or something and he’s given me the paperwork but not like a massive job, like an engine mount has collapsed on the vehicle or like bald tyres and stuff like that but yeah, I’m sure he’s given me paperwork a couple of times where little things like, “A headlight globe was dull. Go and fix that,” but nothing major major, like the car shouldn’t be on the road. But the instances that you refer to where he has given you paperwork you say where there are small things that need to be sorted out?---Yeah. He has given you in those circumstances the paperwork before he has examined the car?---No. He’s examined it first and then he said, “That headlight is stuffed,” or something like that, “Fix that,” and he’s given me the paperwork, “Make sure you do it.” But allowing for that, can you tell us please why it was that you said on 28 August that Mr Pintabona has given paperwork to you a few times before he has looked at it? Do you know why you gave that answer?---No. I mean looked at it the second time. He’s never given me paperwork for the car itself before even looking at it. So do you mean before he has looked at it a second time? ---Yeah. I won’t spend too much more time on this, Mr Martin, but just to be clear there might be instances where he has looked at it the first time and he has pointed out some difficulties - - -?---Yes. - - - and he is going to look at it again a second time. Before he looks at it a second time, he has given you paperwork?---Yes; yes. That way, yeah. The paperwork that he has given you says, does it, that the vehicle has passed the inspection?---Yes. Can I ask you some questions about how you would go, and no doubt it would vary from car to car but how you would go about charging people when Mr Pintabona carried out the inspection?---Yeah. If someone was to approach you to say that they needed to get their vehicle inspected because he’d got a yellow sticker or had run out of registration, something like that and you agreed to take the job on and you’re going to get Mr Pintabona to ultimately examine the vehicle, would you quote a price to your customer in the first place?---I

can’t, no. I’m sorry?---No, I couldn’t quote; without even looking at the vehicle I can’t, no.

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10/11/15 MARTIN, L.A. XN 8 (Public Examination)

Would you ever be able to give a general indication about how much it would cost to get it licensed?---Well, 92.50 plus a permit if the car’s unlicensed. Yes, that’s the official fee?---Yes. But in terms of what you might say to a customer would be the cost to them in total, would you quote them on occasions a figure that would be greater than $92.50? ---Yeah: my time. The figure that you would quote them would include presumably the $92.50 which is the official fee?---Yes. Plus an amount for your time?---Yes. Would there be any part of the fee that you would charge them that would also reflect Mr Pintabona’s time?---No. So a customer if they spoke to you, you would give them a price which included your time and the $92.50?---Yes. Then you would contact Mr Pintabona?---Yes. In the times that you’ve dealt with him, Mr Pintabona was content to come to your premises to look at a vehicle, maybe look at it a second time and to your knowledge the only amount that he would receive would be the $92.50 official fee?---Yes. From me? Yeah, definitely. I wonder whether a particular call could be played please, it’s T3755. Just bear with me a second, sir. Could that just be paused for a moment please and I’ll try a different number because that’s not the particular call I wanted to play. I’m looking if I can for session number 168 on warrant M1408. Thank you, if this call could be played please. Start of TI transcript, call number 168: VERONESI: Hello. MARTIN: Yo. VERONESI: What’s goin’ on, big ‘orse? MARTIN: Fuck all. You? VERONESI: Fuck all. Thrash me nuts, mate. MARTIN: (laughs) That’s good. More than VERONESI: Hey uhm. MARTIN: More than your fucken brother would ever do

then. VERONESI: (laughs) That’s it eh. Uhm, thought I’d

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10/11/15 MARTIN, L.A. XN 9 (Public Examination)

give you a call. My, my, my dad’s mate has uhm, HQ Monaro.

MARTIN: Yeah. VERONESI: It’s been fully restored and shit and it’s

never been licensed. He wants to get it licensed. Everything has been replaced on it and all that shit.

MARTIN: Oh, just tell him to give us a buzz. VERONESI: Just give you a call? MARTIN: Yeah. I’ll just get him to drive it up to

my mate’s work, man. VERONESI: Where is it? MARTIN: Walliston. VERONESI: Oh, doesn’t your, doesn’t your mate come to

yours? MARTIN: Oh, he can come to my shop, yeah. VERONESI: Yeah, that’s what, that’s what he asked, he,

that’s what, ‘cos I said I think this bloke’s based in Walliston. He said I don’t really want to drive it all the way to Walliston.

MARTIN: Yeah, no. Sweet man, yeah, uhm, just tell

him to give us a call tomorrow. I think he VERONESI: Do you want MARTIN: I think uhm, I’ve got like a bike and a car

to do Thursday night. VERONESI: What, is it Scaff’s soft tail? MARTIN: No. Why, did he VERONESI: Oh. MARTIN: get another yellow? VERONESI: He got a yellow sticker on his softie

(laughs). Again. MARTIN: I like how he got pulled over in uhm,

Mundaring. That was killer how the cops parked up.

VERONESI: Oh, yeah. That’s, that’s where he got

stickered.

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10/11/15 MARTIN, L.A. XN 10 (Public Examination)

MARTIN: Oh, really? Still got the sticker? VERONESI: Yeah, he’s still got the sticker. MARTIN: Fucken hell. VERONESI: Yeah, uhm, what’s the guy charge just to MARTIN: Oh, full licence is like two, two-fifty,

somethin’ like that. VERONESI: And then, ‘cos I want, I want to make some

money off this cunt. MARTIN: Oh well, tell him VERONESI: ‘Cos I MARTIN: like fucken VERONESI: I don’t, I don’t really agree with him, my,

my dad’s mate, hundred per cent, so. MARTIN: Uhm, depends if it does immediately.

Depends like, if it’s all killer. Like is it all

VERONESI: Well, apparently he said it’s been MARTIN: …… and spec? VERONESI: He said it’s been all restored and shit and MARTIN: Yeah. I’ll VERONESI: it’s all restored. MARTIN: I won’t tell him a price but just tell him

to give me a buzz tomorrow but I won’t tell him a price and then I’ll, I’ll give you a price and then you can make like 200 bucks or something off the cunt.

VERONESI: Alright. But you reckon rough estimate

price he’ll be paying for the car to get licensed 250 or some shit?

MARTIN: Yeah, something like that but just oh, don’t

tell him a price yet. Wait VERONESI: Yeah, no, no, no. MARTIN: ‘til he rings me. I, I want to see what the

car’s like first. VERONESI: Yeah, and what does that include, six months

or three months’ rego?

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10/11/15 MARTIN, L.A. XN 11 (Public Examination)

MARTIN: Nah, that’s just all the uh like licensing, taking it over the pits, then he’s just got to get it licensed. Then he’s gotta go to the licensing centre and uhm, uh, pay for the rego.

VERONESI: Oh, and that’s when he gets the plates? MARTIN: Yeah, yeah, then that’s when he picks up the

plates. VERONESI: Alright. Well, I’ll let my stepdad know

now. MARTIN: Yeah. VERONESI: I’ll, I’ll, I’ll tell my stepdad the rough

estimate price but I’ll, I won’t tell him it’s for him and I’ll tell him that.

MARTIN: Yeah. VERONESI: To give him a call. MARTIN: Just tell him to give us a buzz. VERONESI: Alright, man. I’ll, his, his name’s Trevor

by the way. MARTIN: Alright, sweet, no worries. VERONESI: Alright, bro. Cheers, I’ll get him to give

you a call MARTIN: Alright. VERONESI: tomorrow. MARTIN: See ya, man. VERONESI: See ya, bro. End of TI transcript. TROY, MR: Mr Martin, that’s a call between yourself and another person. Is that right?---And Alex. Alex Veronesi?---Yeah. Alex Veronesi is someone that as of this call which was 20 April this year you had known for some time?---Not some time, but I knew his brother before him.

But you knew Alex Veronesi as at the date of this call? ---Yeah. Did you say that you knew his brother before him?---Yeah.

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10/11/15 MARTIN, L.A. XN 12 (Public Examination)

His brother being Brandon?---Yeah. Do you remember this particular call by any chance?---Yeah. I didn’t touch it. You didn’t touch this vehicle that you discussed?---No. I didn’t want to get involved with it. I just want to go through a couple of aspects of the call with you. He is ringing you about a Monaro it seems?---Mm. At the top of page 2 where you say, “I’ll just get him to drive it up to my mate’s work,” which mate were you referring to?---Troy. You go on in fact to say, “It’s at Walliston”?---Yeah. You’re asked by Mr Veronesi, “Doesn’t your mate,” who is Mr Troy, “Doesn’t your mate come to yours?” and you say, “He can come to my shop, yeah”?---Now and then, yeah. And that’s really a continuation of what you have been saying, that there were occasions obviously when Mr Pintabona would come to your place in Bassendean to look at a vehicle?---Yeah. Just on that, when Mr Pintabona would come to your place to look at a vehicle would you always be there?---Yeah. Or would there be some occasions where you would tell him that there was a vehicle there waiting for him to look at, in the evening for example?---Pardon? Would there be occasions when you would simply say to Mr Pintabona that there is a vehicle waiting for him at your premises for him to have a look at, even though you might not be there? Did that ever happen?---I’ve always been there. You’ve always been there - - -?---Yeah. - - - when he’s looked at vehicles at your premises? ---Yeah, I’m pretty sure. Yeah, definitely. THE COMMISSIONER: You say “pretty sure”? What is the answer?---Well, I’m the only one there so I couldn’t leave the workshop open by itself. TROY, MR: But has there ever been an occasion where you have left a vehicle at the premises, secured, but nonetheless there at the workshop for Mr Pintabona to look at after hours?---How’s he going to get into my shop? I don’t understand the question. Can you please repeat?

So there has never been a circumstance, has there, when you have left the vehicle either perhaps outside your shop for Mr Pintabona examine after hours, after you’re not there? ---He’s looked at a bike there.

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10/11/15 MARTIN, L.A. XN 13 (Public Examination)

Right?---That was really got to do with Alex, not with me. Sorry, I don’t want to jump around too much, but I was just asking a general question - - -?---No. - - -as opposed to this particular conversation that we’re looking at here; so you’re just dealing with it generally, you’re referring to the fact that Mr Pintabona has been to look at a bike at your place?---Yeah. And he has looked at the bike when you weren’t there? Is that right?---Well, it was at my premises, out in the carpark, but I was there, but I was gone, then came back and he was still there looking at it. Right, so you had left our premises and when you came back Mr Pintabona was there?---Yeah. Looking at the bike?---Yeah. Can you just look at the top of page 3 please. In your conversation with Alex Veronesi, you say, “Full licence is like two, 250, something like that”. Do you see that? ---Yeah. And when you say “two, 250” are you referring to an amount of money, and that would be 200, 250?---250 bucks. That’s not really a full licence; if it’s unrego – if I had to drive it up there, it would be two, 250. If you - - -?---If I drove the vehicle up there, I would charge him, two, 250. Right?---But if it’s unlicensed, that wouldn’t be full licence, because you’ve got to pay for the rego and everything. I think you explained that in a bit more detail at the top of page 4 where you say, “No, that’s just all the like licensing, taking it over the pit, then he’s just got to go, get it licensed”, then he’s got to go to the licensing centre and pay for the rego?---Yeah. And then if we just go back to page 3, just to make it abundantly clear, perhaps. Do you say in the conversation with Mr Veronesi that you say, “I won’t tell him a price, but just tell him to give me a buzz tomorrow”. Do you see that, about the middle of the page. “I won’t tell him a price, but just tell him to give me a buzz tomorrow”? Do you see that?---Yeah. And you say, “I won’t tell him a price. I’ll give you a price and then you can make, like, 200 bucks or something.

Do you see that?---Yeah. That was to Alex. Alex was trying to make money off whoever ran the HQ. Yes, and then you go on a little bit further to say, “I want to see what the car’s like first”?---Yeah.

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10/11/15 MARTIN, L.A. XN 14 (Public Examination)

So you wanted to have a conversation with the person to find out precisely what needed to be done to the car?---If it needed engineering, if it came out with a V8 or six cylinder. And that would tell you how much time you would have to spend?---Yeah. I don’t do engineering. I would have sent it to a place in Malaga to get engineered. But the figure that you quoted of a full licence is two, 250?---Yeah. Is that a figure that only covers the examination of the vehicle to get it passed?---Yeah. Of that figure, the 200, 250 dollars, were you going to have some of that, or was that all going to Pintabona? ---I’d have 150; I wouldn’t do it - I’d have 150 of it. Right, and as you have said before, the fee, the official fee, is $92.50?---Yeah. So is the position that of that 200, 250 dollars, only $92.50 would be going to Mr Pintabona?---It would just be 100 bucks. 100 bucks?---Yeah. All right, and then you would retain 150 plus whatever other cost there’d be - - -?---Yeah. - - - in terms of repairing the vehicle of driving it? ---Yes. Thank you, that can be removed. I want to ask you about a particular motorcycle that you had some dealings with in May that was owned by a person called Nicholas?---Yeah. Have you got a memory – and it’s a Harley - - -?---I’ve never met the bloke in my life. Are you aware of looking at a motorcycle, a Harley-Davidson, that apparently is owned by a person called Nicholas?---Yes, I did look at it. I will just go through with you if I can just some of your involvement, put it that way, with the vehicle?---Yeah. Can I ask that document 0175 is placed on the screen.

What you are being shown there, Mr Martin, is a defect notice for a Harley-Davidson dated 7 May 2015?---Yeah. The driver’s name is Nicholas Duggan?---Yeah.

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10/11/15 MARTIN, L.A. XN 15 (Public Examination)

Thank you, that can be taken off the screen. Can I ask that document 0256 is displayed. Mr Martin, what is now before you on the screen is a printout of some text messages, some of which involve you, but not all of them. All right? In terms of the one I want to ask you about, can you see the date, Sunday, 24 May, appears?---Yeah. What’s set out in this document at that part of the screen are some text messages from Alex Veronesi to you, starting with a text message on 24 May at 2.01 pm. Do you see that?---Yeah. It says, “Hey bro, did you speak to your mate?” and you respond by saying, “Yeah, bro, sorry. Tuesday night fine”. Can you see that?---Yeah. When you were exchanging those text messages, with Alex Veronesi at that particular time, had you already had some contact with him about getting someone to look at this particular bike?---Have I had contact with Alex? Yes, part of these text messages that you can remember? ---I’m trying to think about it, the bike. I must have spoken to Troy. Did you understand when Mr Veronesi said at 201, “Hey bro, speak to your mate” that you understood him to be referring to Troy?---Yeah. Troy, I reckon Troy actually knew this bike was coming to my premises. And then you’re asked in this text message at 2.04 pm, “How much?” Do you see that?---Yeah. And then you respond by saying, “Around 150. It depends if it needs anything”?---Yeah. If we then scroll down, “Has it been fixed?” Then, “If so, anything around 100 to 150”?---Yeah. Did you get a text message from Mr Veronesi that said, “I think the pipes are still on”?---Yes. And you then said, “Should be right”, and that’s at 2.20 pm?---Yes. Just go over the page, at 2.20 pm Mr Veronesi says “150” and you respond effectively by saying, “Yer” – y-e-r – do you see that?---Yeah. The 150 that was being discussed in those text messages for

this bike, what did that cover?---That’s what Troy told me to tell him. So at some stage before you exchanged these text messages you had had a conversation with Troy Pintabona about this

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bike?---Yeah. I’m sure he knew about this bike was coming to my work. And he told you that his cost would be $150? Is that right?---Yeah, but it wasn’t. Sorry?---It wasn’t 150. But he had told you, had he, this is Mr Pintabona, that his cost would be 150?---Yeah. And that’s what’s you said in the text message to Alex Veronesi?---Yeah. So the 150 that you’re referring to in that text message, none of that is your money?---No; no. I didn’t even know my name was going on the paperwork until I saw the paperwork here last time. THE COMMISSIONER: You didn’t see the text messages last time?---What’s that? You didn’t see the text messages last time?---These? There’s no indication in those that you spoke to Troy Pintabona, is there?---No. TROY, MR: If we just look down a little bit further, we move on to 25 May. This is now a Monday. At 5.42 pm you send a text to Alex Veronesi that says, “Does he want it done.” Can you see that?---Yep. He responds by saying, ”He dropping bike mine tonight.” Can you see that?---Yeah. Then you simply say at 5.47 pm, “No worries, bro. Next time message us, bud.” Can you see that?---Yeah. So this is on the Monday, the Monday evening, and you understand that, so far as this bike is concerned, it’s going to be dropped at Alex Veronesi’s that night. That’s what you have been told in these text messages. Is that right?---Yes. Can I ask that call T3738 is played. Start of TI transcript, T3738: VERONESI: Hey Leigh. MARTIN: Yo. VERONESI: What’s goin’ on mate? MARTIN: Watching TV man. VERONESI: Oh true that uhm, bike’s just got dropped off.

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MARTIN: Yeah. VERONESI: Uhm it’s got the uhm, the Vance and Hines pipes on it. MARTIN: Yeah. VERONESI: And everything else is pretty much stock. MARTIN: Yeah that’s all right. Too easy. VERONESI: ’Cos he, he took the pipes off and he was about to put the stock ones back on. I said look it’s up to you if you want to leave them on or put the stock ones and he goes oh, I’ll put the, I’ll put the Vance and Hines ones back on. I was like yeah killer. And then when he put the old pipes back on the engine light’s on now, so will that affect it or? MARTIN: Oh I dunno, nah. Probably got tuned eh with the other pipes. Is that why? VERONESI: Yeah and then he took the, took, took the pipes MARTIN: Yeah. VERONESI: off and put ’em MARTIN: Yeah. VERONESI: back on so that’s why he’ll probably need a new tune eh? MARTIN: Yeah. So he put the original pipes on then the light came on? VERONESI: No. He put the original pipes on then took it for a ride then it was all sweet. MARTIN: Yeah. VERONESI: And then he put the Vance and Hines back on. MARTIN: Oh okay. VERONESI: What’s on it now and now the engine light’s on. MARTIN: Oh okay. Nah just yeah, take the

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battery off or somethin’, let it reset and see what happens. VERONESI: Yeah? MARTIN: Yeah. But nah, all be sweet man. VERONESI: Would it be any drama? MARTIN: Nah, nah, should be sweet. VERONESI: Killer uhm, what, and what’d he say, one-fifty eh? MARTIN: Yeah. VERONESI: Killer uhm. MARTIN: But the thing is if he does it tomorrow it won’t go through ’til, uhm, if he does it tomorrow night ’til Wednesday so really, he can’t really ride it ’til Wednesday. VERONESI: Yeah he, he, he’s not gunna pick it up. I’m, I’m gunna leave it at, if, if it’s alright I’ll leave it at your workshop ’til Wednesday and he can come and pick it up. MARTIN: Yeah yeah, that’s alright, Yeah sweet. VERONESI: Alright killer. Alright man. MARTIN: Alright. VERONESI: Well I, I’ll see ya tomorrow. MARTIN: No worries, see ya man. VERONESI: I’ll see ya. End of TI transcript. TROY, MR: Mr Martin, again that’s a conversation between you and Alex Veronesi?---Yes. This is the same date that we were looking at in terms of the text messages. It’s still Monday, 25 May and it is now 7.32 in the evening. If we look at page 1 it seems that Mr Veronesi is telling you that the bike just got dropped off?---Yep.

Can you see that?---Yep. You understood that was going to be the position from the text messages that you received earlier, the bike was going

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to be - - -?---My cousin might’ve been working back late nights or something at my workshop. I don’t remember that far back. But Mr Veronesi told you by text message that “he”, the owner of the bike, “was dropping the bike at his that night”?---To Alex’s? Yes, and there’s a discussion in the conversation beginning at page 1 with Mr Veronesi referring to the Vance and Hines pipes on it. Can you see that?---Yes. And telling you that everything else is pretty much stock? ---Yeah. You understood what he was talking about in relation to this bike?---Yes. Then there’s a further conversation about the pipes at page 2 where you ask a question, “So he put the originally pipes on, then the light came on?” Can you see where you say that?---Yeah. Mr Veronesi tells you that he put the originally pipes on, then took it for a ride, then it was all sweet and then you’re told by Mr Veronesi he put the Vance and Hines back on?---Yeah. So the Vance and Hines pipes that you and Mr Veronesi had discussed, are they some sort of modification to the bike so far as you understood it?---Yeah; yeah. Did you understand from the conversation that - - - THE COMMISSIONER: Perhaps ask what he - - - TROY, MR: Certainly. When Mr Veronesi was referring to the original pipes being put and then taken for a ride, what did you understand him to mean by that?---He put the factory pipes back on, then put the aftermarket ones back on. Then if we just look at the last page, you say at the top of the page in this conversation, “He can’t really ride it till Wednesday.” Can you see that?---Yes. Does Mr Veronesi then ask you if it’s all right if he leaves it at your workshop till Wednesday?---Yes. And you agree?---Yes. This is a conversation as we see that you’re having with Mr Veronesi on the Monday evening. Is that right?---Yes.

Thank you. That can be taken off the screen. Can I ask that call T3730 is played. It’s warrant number M1412 and its session number 978. Thank you. If this could be played.

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Start of TI transcript, T3730: PINTABONA: Leigh, how are you going? MARTIN: Hey, bud. Hey uhm, if you can’t do it today man, that’s fine. We can always do it tomorrow morning first thing. PINTABONA: No, no, no, no. I’m coming down that way lunch time. That’s why I MARTIN: I don’t think I’ll have the bike here by lunch but. PINTABONA: Oh, that’s okay. Well I’ll come back MARTIN: Yeah. PINTABONA: later tonight anyway. I was just, I’ve gotta go down there, drop some parts off and I’m getting something painted, a bumper painted, but that’s all right. I’ll come back down MARTIN: Okay. PINTABONA: later. I’ll come. MARTIN: I’m just uh, fucking going to Myaree to drop a torque converter off at the moment. PINTABONA: Oh okay. Gonzo? MARTIN: Took a, took a box out of a uhm 300C. PINTABONA: Oh okay. MARTIN: And they reckon it’s a torque converter problem so I’ve gotta take it to this guy in Myaree who loves doin’ that shit. I, I was gunna take it to Gonzo all parts but he’s more performance shit, you know what I mean? PINTABONA: Oh okay, yep. MARTIN: Where this guy in Myaree it’s all he does, is standard staff. PINTABONA: Yeah, right, okay.

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MARTIN: So what a fucken bike. PINTABONA: So what time is that bike gunna be there? MARTIN: Uhm, I’m hopin’ around 2 o’clock. PINTABONA: Oh okay. Well, I’ll just pop MARTIN: Yeah. PINTABONA: down later then. MARTIN: Yeah, that’s cool. Great. PINTABONA: Okay. No worries. Thanks mate. MARTIN: Cheers. See ya bud. PINTABONA: Cheers. Bye bye. End of TI transcript. TROY, MR: Mr Martin, is that a telephone conversation between yourself and Mr Pintabona?---Yes. Are you discussing the Harley-Davidson that we have looked at in the last few minutes?---Yes. Thank you, that can be taken off the screen. If we can then go back to the text messages, document 0256, and if we go to the second page and a little bit beyond that, onto the third page I think. So we’re looking at 26 May and can you see there is a text message from you on 26 May, which is a Tuesday, at 2.47 pm where you ask what time, “What time bike getting here?” and it seems that Mr Alex Veronesi responds by telling you, “4.00 to 4.30? Maybe earlier.” You see that?---Yep. So obviously at this particular time, that is, 2.47, the bike was not with you at that stage but you’re being given some information about when it might be with you. Is that right?---Yes. Can I ask that call session number 1016 which is on warrant M1412 is played. Start of TI transcript, call number 1016: PINTABONA: Hey mate, how are ya? MARTIN: Good bro. You? PINTABONA: Yeah good. I’m just locking up and I’ll be

leaving in about five, ten minutes, okay? MARTIN: Alright.

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PINTABOA: And I’ll come straight down. MARTIN: Beautiful. Cheers buddy. PINTABONA: Okay. See ya soon. MARTIN: See ya. PINTABONA: Thanks mate. Bye bye. End of TI transcript. TROY, MR: That again, Mr Martin, is a conversation between yourself and Mr Pintabona?---Yep. This is still on 26 May, still the Tuesday, 26 May, it’s just almost exactly 5 o’clock in the late afternoon. Were you, to your memory, at your workshop in Bassendean at the time of this phone call?---Yes. You were told in the phone call that Mr Pintabona would be leaving in about five or 10 minutes and did you wait at your workshop for Mr Pintabona to arrive?---Yes. Were you there when Mr Pintabona did arrive? Sorry, you have to say yes?---Yes, yes. Sorry, yes. When Mr Pintabona arrived was the Harley-Davidson bike there?---Yes. Had it been brought there a little earlier than the conversation that we just played?---Yeah; must've, yeah. Had it been brought to your workshop by Alex Veronesi? ---Yes. When Mr Pintabona arrived at your workshop at some stage that evening, after 5 o’clock, can you tell us what happened?---He rocked up with an exhaust muffle thing for the exhaust system, and a helmet and a notepad and paper. Did you see what he did?---Recorded the decibels of the exhaust system, took it for a ride and checked over and wrote all the details down. Wrote all the details as far as you could see on the notepad that he had?---Like VIN number and stuff like that. That was all happening while you were there?---Yeah. How long did this process take?---Half an hour, 45.

When it finished you were still there?---Yeah. What did Mr Pintabona tell you after this examination? ---“Tell Alex he owes me $200.”

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Did he give you any particular paperwork at that stage or not?---No. If we could just put the text messages, 0256, back on please and go to the same page that we were looking at which is 26 May, we can see a text message from you to Mr Veronesi at 9 pm which simply said, “Done mate.” Can you see that?---Yep. That’s at 9 pm. When you said in that text message “done”, what were you referring to?---Troy’s licensed your bike. Then at 9.02, after Mr Veronesi has responded, do you say, “Sweet as. Get the paperwork tomorrow arvo”?---Yeah. You go on to say “On Monday morning” and then you correct that, I think, to Thursday morning. Is that right?---Yes. At the time that you are sending these text messages at around about 9 pm, is the bike still at your workshop? ---Yes. Can I ask that session number 1065 and warrant M1412 is played. Start of TI transcript, call number 1065: MARTIN: Did the Harley get done? PINTABONA: Yes, it did, yeah. That’s what I wanted to,

thought I’d better let you know I’ve been flat out all day. It’s all done, got passed.

MARTIN: Have you got the paperwork? PINTABONA: Uhm, do you want the papers now or do you

want me to drop it off tomorrow? MARTIN: Tomorrow mornin’? PINTABONA: Yeah. MARTIN: I’ll be at work at seven on. PINTABONA: Sincere, all right, well I’ll drop it off in

the morning then. MARTIN: Oh killer man. I’ll see ya then. PINTABONA: Beautiful. And alright so you can drive it

now ‘cos it’s still licensed anyway so. MARTIN: Yeah, yeah, yeah. I just, I, I took it to

…… PINTABONA: Yeah.

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MARTIN: and back today just to fucken and then I got

back and went oh fuck. I didn’t think PINTABONA: Yeah. MARTIN: it was licensed yet, shit myself. PINTABONA: No. I licensed it today, oh, about lunch

time I think I’d licensed it. Sorry I should’ve rang you but things

MARTIN: No it’s all good. It’s all sweet. PINTABONA: Yep, so it’s done. MARTIN: Sweet. End of TI transcript. TROY, MR: Is that again a conversation between yourself and Mr Pintabona? Is that right?---Yeah. Again are you discussing the same Harley motorcycle?---Yes. This is a discussion that you were having the following day, 27 May at about 5 to 7 in the evening?---Yes. Thank you, that can be taken off. Do you remember, casting your mind back to this particular vehicle, this particular motorbike I should say, Mr Martin, whether you had to fill out any part of the paperwork for it?---I didn’t fill out any. Can I ask that document 0173 is displayed. Can you see that right at the top of this page covering the boxes, family name and given names, we can see the words “Lethal Performance”?---Yep. Did you write that?---No. And the date 27/5/15, did you write that?---No. In terms of the plate number and the box that says whether the vehicle has been recorded as a written off vehicle and it’s VL number, did you insert any of those details?---No. As we saw from a previous call, there was some discussion between you and Mr Pintabona about dropping off the paperwork?---Yes. What paperwork did you understand that he was referring

to?---The yellow sticker paperwork. So the paperwork in relation to the bike that had got the yellow sticker?---Yes.

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What would the paperwork say?---“Passed.” Could we just play please call 1085 on warrant 1412. Start of TI transcript, call number 1085: PINTABONA: Hi mate, how are ya? MARTIN: Good bud. Uhm, I only just left. Uhm, is

the gates open? PINTABONA: No, no. No one’s there at the moment. MARTIN: Oh fuck, uhm. PINTABONA: Can you get into the letterbox? Can he

reach the letterbox or not? MARTIN: I think he can, only just. Just slip it in

number two. PINTABONA: Number two. Alright. I’ll see if I can put

it in there then. MARTIN: Sweet. Thanks man. PINTABONA: Okay. I just wanted to mention to you too,

like you know how, you know like the money that I charged you for this one, uhm.

MARTIN: Yeah. PINTABONA: I don’t mind doing that for you but normally

with these guys I don’t want them uhm, how could I put it, like I don’t want them talking saying that they get done for a hundred dollars, you know, ‘cos normally all the other guys

MARTIN: Yeah, yeah. PINTABONA: all pay, you know, all, all pay about three

or four hundred dollars, you know what I mean?

MARTIN: Okay. PINTABONA: So I didn’t mind, I didn’t mind doing this

one for you but I just don’t want him or don’t say anything to him because you know they all talk, you know?

MARTIN: Yeah, yeah, yeah, yeah. PINTABONA: And one says I’m paying this much then gets

it done for that much you know what I mean but

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MARTIN: Yeah. PINTABONA: I didn’t mind doin’ that one for you for

that one but normally they always pay, you know, three or four hundred dollars, you know, to do that, you know.

MARTIN: Alright. PINTABONA: So I thought I’d just let you know. I just

don’t want them all fucken talkin’ and then sayin’ oh, he’ll do it for a hundred dollars, you know, so.

MARTIN: Yeah, that’s cool. I’ll charge him extra

anyway. PINTABONA: Yeah, alright. I’ll put it in the letterbox

anyway for ya. MARTIN: Alright, cheers bud. PINTABONA: Alright mate. See ya then. MARTIN: See ya mate. PINTABONA: Okay. Bye bye. End of TI transcript. Mr Martin, again, this is a conversation between yourself and Mr Pintabona?---Yeah. Is it a conversation in relation to the same motorbike that we’ve been looking at?---Yes. You said a little earlier that you had the impression that Mr Pintabona understand that this bike was going to be coming to you. Yes?---Yeah. And that it was Mr Pintabona that had told you the price to quote to Alex Veronesi of 150?---Yes. Although in this conversation Mr Pintabona appears to be complaining about the cost for this particular motorbike. Is that right?---Mm. You didn’t challenge him in that conversation about the fact that he had told you what the price would be for that particular motorbike, did you?---No. He told me $200 at my workshop. But then he says, doesn’t he, in this conversation, “I

didn’t mind doing that one for you but normally they always pay, you know, three or four hundred dollars”?---Yeah. Did you understand when he spoke to you what he meant by that?---Yes, an idea, yeah.

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Sorry?---Yeah. But you didn’t say to him in that conversation, “Well, you told me what the price was, did you”?---No. And you are sure that it was Mr Pintabona that provided to you the price to quote to Veronesi?---Yes. That can be taken off the screen. Mr Martin, I want to move from the motorcycle that we’ve been looking at to another vehicle, a car in this case, a Toyota Landcruiser, blue Toyota Landcruiser. Do you remember some dealings with that vehicle?---Yes. I will go through the details with you if I may. Can I ask that document 0274 is displayed. Mr Martin, again this is a printout of some text messages that were exchanged between yourself and Alex Veronesi, and they begin with 4 June?---Yeah. They begin with a message from Alex Veronesi at 3.24 pm, which says, “Hey, bro, got a mate with a 100 series Landcruiser and his missus has let it run out of rego. How much for someone like that man?”? Can you see that?---Yep. Then you respond at 3.27 by saying, “Had to ask but it all gone up now”?---Yes. Do you see that?---Yeah. When you sent that message to Alex Veronesi who did you have in mind you would have to ask?---Troy. When had you got the understanding that it had all gone up?---Because he told me about the Harley. That conversation that we listened to just a couple of minutes ago?---Yeah. Where he said that he didn’t mind doing that one but the price would be greater?---Yeah. That’s the conversation that you had in mind when you sent a text to Mr Veronesi at 3.27 pm?---Yeah. Then at 3.29 pm – just to put it in context, at 3.27 pm you say, “That Harley for 150, it has gone up now to 250”? ---Yeah. That’s the Harley that I’ve been asking you questions

about?---Yeah. And then at 3.29 pm do you say, “That 150, don’t tell no-one, because Ben and the boys pay his 300 each bike”. Do you see that?---Yeah.

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Who is the Ben that you were referring to in that text message?---A buy who Troy hangs out with a lot, who does a lot of stuff for him. Do you know his full name or not?---I don’t know his last name, no. Does he have a nickname?---Shrek. What line of business is Ben in?---Panel, panel and paint. He is someone who you understood Troy Pintabona knew? ---Yes. THE COMMISSIONER: Who are the boys? Who are the boys? ---Pardon? Who are the boys?---Well, I think he hangs out with the Rebels quite a lot, because I think Alex and Brandon are involved with them. TROY, MR: When you say “he”, you’re referring to Mr Pintabona?---Pardon? When you say, “He hangs out with the Rebels”, who are you referring to?---Yeah, I think Troy does, yeah. I can’t one hundred per cent guarantee that, but I’m pretty sure he does. Just staying with this page, there are some exchanges by text message between yourself and Mr Veronesi, and at 3.34, I think you sent a text that says, “Doesn’t mean it going to pass, depends on what condition it’s in”?---Yeah. Then Mr Veronesi asks the question about how much rego comes with it for 250? Do you say, 3.52 pm, “That’s just lic”, l-i-c, “then you have to take paperwork to lic”, presumably licensing centre?---Yeah. So the 250 that you’re discussing in these text messages with Alex Veronesi, did you understand that you would be getting any of that 250 or not?---Is this for the four wheel drive? Yes, it is?---Well, I was going to – well, as he explained, he said it was nothing wrong with it, it had already been checked. Yes?---I thought it was going to be in a good state to take up there, but it wasn’t. All right, we will see that in a little while, but of the

250 that you’re telling Alex Veronesi about, assuming that the vehicle was in good condition - - -?---Yes, I would’ve. - - - were you going to be getting any of that 250?---Yes.

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How much did you expect you would get?---Out of that? Yes?---Well, 100 to Troy and the rest to me for my two hours of work. Two hours of work? What, that would involve bringing the vehicle somewhere?---Yeah, closing the doors, driving and driving back. Thank you. Can I ask that call session number 1634 on warrant M1412 is played. Start of TI transcript, call number T3751: PINTABONA: Hey Leigh, how are ya?

MARTIN: Hey bud. How are you?

PINTABONA: Yeah, flat out, still at work.

MARTIN: Yeah. I just left about two minutes ago.

PINTABONA: Yeah.

MARTIN: Uhm, tomorrow night can you do a, uhm, my

mate’s car ran out of fucken rego so we need

to check it out. Put, I’ll put it on the

hoist, check it over, see what needs doin’.

PINTABONA: Mm, okay, yeah, no worries.

MARTIN: Uh, yeah, and he needs to take the fucken

paperwork in and what, relicense it eh,

rerego it.

PINTABONA: Yeah, that’s right.

MARTIN: Yeah. He fucken moved house, didn’t get any

regos, out, been out of rego for a while now

(laughs).

PINTABONA: Yeah right.

MARTIN: Didn’t know and the cops pulled him over.

PINTABONA: Yeah, took his plates.

MARTIN: Took his plates yeah.

PINTABONA: Yeah (laughs).

MARTIN: Uhm, it’s a hundred series LandCruiser.

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PINTABONA: Oh okay.

MARTIN: It’s pretty, pretty fucken stock, no lift,

no nothin’. Look, looks like fucken

Lorrie’s one actually.

PINTABONA: Oh okay.

MARTIN: But uhm, yeah tomorrow, he’s dropping it off

tomorrow.

PINTABONA: Yep.

MARTIN: I’m gunna chuck it on the hoist, do a

service while it’s there and check if

anything else needs doin’ on it but I’m

pretty sure it’s pretty good.

PINTABONA: Yeah sure, okay.

MARTIN: Uh, I made sure, I told him make sure the

tyres are good. Window tint he said is

standard 35. Uhm, it’s his missus’s car

anyway, family car, so it’s not like it’s

fucken got a lift or anything like that.

PINTABONA: Mm hm.

MARTIN: Oh yeah, oh you see the fake fifties on the

news?

PINTABONA: No.

End of TI transcript.

TROY, MR: I wonder whether we can just stop the recording.

Mr Martin, again, this is a conversation between yourself and Mr Pintabona?---Yes. This is a conversation on 8 June. At the time that you’re speaking with Mr Pintabona, had you seen the vehicle at this stage or not?---No, just got told from Alex what’s right. Did you understand that the vehicle was going to be coming to you the following day?---Alex said, yeah. And that you were going to look at it - - -?---Prior. - - - on that occasion. Thank you, if that can be taken off the screen. If we just go back to document 0274. The document is slightly out of order. I will just rectify

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that. If you just go down a little bit please to the next page. Thank you. So the initial text message, Mr Martin, on 4 June, the conversation we have just listened to is 8 June, but there were some text messages between you and Mr Veronesi on Friday, 5 June, as we can see, and can you see that there was a text message from Alex Veronesi to you at 9.36 am which says, “When can you bloke do car?” Do you see that?---Yeah. Do you tell him, “Next week Tuesday”?---Yeah. That’s in a text message at 9.37. When Mr Veronesi is referring to “you bloke”, or “your bloke”, do you understand that that was a reference to Mr Pintabona? ---Yeah. How did you know that Mr Pintabona would be able to do it the following week, Tuesday the following week?---How did I know? Yes?---I would have rang him. If we just go down a little bit on the same page, it seems that Mr Veronesi sends you a text at 12.10 pm on 5 June to say, “Cheers. Car will be there”, and then you make some comments about if it’s got an oil leak, dark tint, massive lift and bald tyre, it won’t pass, so hope it’s in good condition?---Yes. That’s at 12.12 pm, and then as we say you have the conversation with Mr Pintabona on 8 June. Start of TI transcript, call number 3752: PINTABONA: Hey Leigh, how are ya?

MARTIN: Hey mate, how are you?

PINTABONA: Good thanks.

MARTIN: Hey uhm, this four-wheel drive man, fuck, I

just had a look at it.

PINTABONA: Yeah.

MARTIN: It, nah it’s killer, like brand new but the

fucken

PINTABONA: Yeah.

MARTIN: He sends his missus down ’cos he works in

the mines (sighs) man it’s a fucken head-

fuck. She, he’s got, she’s got two kids in

the car.

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PINTABONA: Yeah.

MARTIN: And she thought I was gunna do it here. I

was like nah my mate comes, I take it to his

workshop tonight ra ra and she was like oh I

can’t, how am I supposed to do that. I’m

like hah. So I just put it on the hoist had

a look over the whole car put two wiper

blades on ’cos they were rotted away, tyres

are like brand fucken new. It’s like, looks

like Lorrie’s fucken car. I thought it was

PINTABONA: Okay.

MARTIN: Lorrie’s car.

PINTABONA: Right.

MARTIN: Uhm but she lives in Butler.

PINTABONA: Okay.

MARTIN: She drove all this way from Butler and then

she’s oh like having a big sad like almost

crying because how am I going to get home?

Well, I’m not taking you home. She’s oh

PINTABONA: Is the car licensed or not? No. It’s, is

it licensed?

MARTIN: No. I said you shouldn’t be driving it and

she said goes yeah my husband just told me.

He’s in the, up north and he’s going off his

head at me for not paying the rego and

PINTABONA: Oh.

MARTIN: Uhm I said oh well. She gave me her rego

papers and shit.

PINTABONA: Yeah.

MARTIN: Uhm.

PINTABONA: Has she got a permit? Can she get up and

just get a permit for two days, ring

through, get a permit? Does she know how to

do that or is she

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MARTIN: I don’t know. She’s got, that’s her only

transport ’cos she’s got two kids and her

husband works away four and one.

PINTABONA: Mm.

MARTIN: (laughs) Oh fuck. It’s one of uhm Shrek’s

mates.

PINTABONA: Shrek’s mates.

MARTIN: Yeah uhm Ben.

PINTABONA: Oh okay.

MARTIN: …… Shrek’s mate.

PINTABONA: Mm.

MARTIN: Darren, Darren Raymond his name is.

PINTABONA: Oh okay.

MARTIN: Merriwa.

PINTABONA: Right.

MARTIN: Fucken long way away.

PINTABONA: Mm.

MARTIN: Uhm.

PINTABONA: Does, that guy they were talking on the

radio this morning, is that the guy that

drives around in that black Toureg?

MARTIN: Oh that was him, was it?

PINTABONA: I think so. Is that the one? I think

that’s him.

MARTIN: That’s Nick, that’s Nick Martin.

PINTABONA: Is it?

MARTIN: Yeah. Did he get done?

PINTABONA: I think so. They said the boss of the

Rebels Bentley got arrested, got found with

cash and drugs.

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MARTIN: Fucked. Yeah that’s the one next door to

Briffa.

PINTABONA: No, no, Bentley. It said the Bentley one,

chapter.

MARTIN: Oh the one next door to Briffa’s Nick, his

workshop next door to Briffa.

PINTABONA: Yeah right, mm, oh well. Yeah.

MARTIN: Oh well, uhm what do you want to do with the

four-wheel drive?

PINTABONA: So, so it, it’s there at the moment and

she’s there sobbing with the kids there is

she?

MARTIN: Nah she just left.

PINTABONA: What with the car?

MARTIN: Yeah.

PINTABONA: What, she walked off, has she?

MARTIN: I had it here, oh no, not really walked off

but she had it here for an hour, put it on

the hoist, had a look.

PINTABONA: Oh okay.

MARTIN: Uhm, had a look over it and she goes what

are you doin’ and I said I want to look

over it if there’s anything done, if it

needs doin’ you have to book it in but it

looks fucken, looks like brand new. She

hasn’t even taken the thing off fucken road,

another Lorrie’s car.

PINTABONA: Yeah, so what they just forgot to pay the

rego?

MARTIN: Yeah, just didn’t pay the rego.

PINTABONA: Yeah.

MARTIN: It’s been out of rego

PINTABONA: Uhm.

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MARTIN: for six months and she tried paying BPay

last night

PINTABONA: Jesus.

MARTIN: and it wouldn’t allow her.

PINTABONA: Yeah. Well, she should be able to get a

permit and then she’s got two days to drive

it without getting’ in the shit, you know.

MARTIN: Yeah I know but how’s she gunna leave it

here?

PINTABONA: Eh?

MARTIN: How’s she gunna leave it here?

PINTABONA: Mm.

MARTIN: Uhm. Fuck it’s a fucken head-fuck.

PINTABONA: The only thing I can suggest is, all I can

suggest is to help you out of the shit is,

but then she’s still gotta get the papers

doesn’t she? You really, yeah, she really

needs to do a fucken mod permit, sorry, a

permit to drive for two days, you know what

I mean?

MARTIN: Well.

PINTABONA: That’s what she really needs, she, anyway,

the thing I can suggest is possibly, uh,

what do I need? I need, take a shitload of

photos for me, get the speedometer.

MARTIN: Yeah.

PINTABONA: Get the compliance plates.

MARTIN: Yeah.

PINTABONA: Tyre size.

MARTIN: Yeah.

PINTABONA: Uhm, that’s it, and I’ll see if I can

perform some magic.

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MARTIN: Speedo, tyre size.

PINTABONA: Yeah, yeah speedo, tyre size.

MARTIN: Compliance plate.

PINTABONA: Compliance plates and engine number. Is

that V8 diesel?

MARTIN: Oh I’ve got the engine number and everything

here.

PINTABONA: Alright.

MARTIN: 2UZ.

PINTABONA: Yeah but

MARTIN: LandCruiser eight cylinder uhm.

PINTABONA: Okay. What year’s that one?

MARTIN: Uhm, 2003.

PINTABONA: Oh it’s, oh it’s an old one. I thought we

were talking about two hundred series or

something.

MARTIN: No a hundred. Is this a hundred series?

It’s the start, the first of the hundreds.

PINTABONA: Oh right yeah.

MARTIN: Yeah like, like Lorrie’s.

PINTABONA: 2UZ yeah.

MARTIN: Like Lorrie’s.

PINTABONA: The motor, yeah when you lift the bonnet you

look under that cover the engine number’s

right in front of you, right in the middle

of the motor, right at the front.

MARTIN: Yeah I’ve got all that here, 2UZ909145.

PINTABONA: Yep. I don’t think, they’re fucken

bulletproof those things so yeah. So tyre

size, compliance plates.

MARTIN: Well, she’s had it

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PINTABONA: Engine number.

MARTIN: She’s had it since 2005 she said and they’ve

moved house all the way to Butler and

everything’s unlicensed, her car, his bike

(laughs) their car trailer, their box

trailer, everything but the bike.

PINTABONA: Oh okay.

MARTIN: I’m pretty sure you must’ve done his bike at

Shrek’s a few weeks ago or about a month ago

or something.

PINTABONA: Uhm.

MARTIN: Darren, big boy, like goatee on him.

PINTABONA: No, I don’t know. He just leaves his bike

there. I know that I did fucken

MARTIN: Oh.

PINTABONA: a few, a couple there.

MARTIN: Unregoed one?

PINTABONA: Yeah both were, oh no no, they were all

stickered.

MARTIN: Oh okay. Yeah, well he said on the phone

the other day that uhm, yeah, Shrek was

gunna do it but he’s selling his shop or

something eh?

PINTABONA: Are they?

MARTIN: Yeah, the shop’s up for sale.

PINTABONA: I, I was there last night.

MARTIN: A hundred, a hundred and forty grand?

PINTABONA: Yeah?

MARTIN: Yeah, it’s on Gumtree.

PINTABONA: Oh, I went there, I didn’t, no I didn’t see.

Went there last night to uhm, to see them

but uhm he wasn’t there, just Josh.

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MARTIN: Oh, Shrek wasn’t there?

PINTABONA: No, just Josh was there.

MARTIN: Oh. Oh I’ll get all this man and even if,

if she could probably drive it up to you

tomorrow or the next day so you can just

have a quick look too.

PINTABONA: Yeah. Well, what are you gunna tell her?

Are you gunna tell her to get a, a permit?

You better just do it for her.

MARTIN: Yeah, I’ll ring up.

PINTABONA: Do it for her and just charge her mate then.

MARTIN: Yeah. I’ll, I’ll get, I’ll get all this

info for ya then and send it to ya.

PINTABONA: And then, and then yeah I can bring it down

to you, you know, this afternoon or whatever

if I get it all through.

MARTIN: Yep.

PINTABONA: Uhm, uhm, yeah, I suppose, you got, no you

haven’t got your trade plates yet, haven’t

ya?

MARTIN: Nah.

PINTABONA: You could’ve put them on there. Because

it’s unlicensed you could’ve put them on

there and drove it up but, yeah. Mm. Yeah,

we got to worry about fucken other people’s

fuck-ups but anyway send me all that, send

me all that and we’ll work something out.

MARTIN: Yeah, alright.

PINTABONA: Okay?

MARTIN: Alright. No worries.

PINTABONA: Thanks mate. I’ll see ya.

MARTIN: Okay, see ya.

PINTABONA: Cheers bye.

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End of TI transcript.

TROY, MR: Mr Martin, again a conversation between yourself and Mr Pintabona?---Yep. I just want to ask you a few things about it. It was quite a long conversation. That was a conversation on 9 June which started at 4 minutes past 9 in the morning. Listening to that conversation, are you able to say whether at the time that you were speaking with Mr Pintabona in this phone call the person who had brought the Landcruiser to you was still there or had they gone?---I can’t really remember that far back. THE COMMISSIONER: Hang on, it’s only June?---Yeah, but I do a shitload of cars every day. TROY, MR: This was quite a notable vehicle, wasn’t it, because the male owner of it was quite unpleasant to you, wasn’t he, in a phone call?---Yeah. He come to me one day and I couldn’t put it on the hoist and he got a bit aggro - aggressive about it, then his wife brought it to me to look at it and thought that I was going to look at it and pass it that day. I will just stop you there and we will just take it in

stages if we can. As I say, this is a conversation on the morning of Tuesday, 9 June at 4 minutes past 9. You are, aren’t you, d3escribing in this phone call to Mr Pintabona a time when he sends his missus down and she has got two kids in the car?---Yeah. So was there an occasion when a female turned up at your place with this vehicle?---Yes. Was that occasion the same morning as you’re having this phone call with Mr Pintabona?---Yes. It probably was, yes. But you can’t remember whether she was still there at that stage or whether she had just gone?---I think she had just gone. That’s when I rang Troy about the car. Was it on some earlier occasion that the male owner of the vehicle, of the Landcruiser, had brought that vehicle to your place?---Yes. You had looked at it?---No. You didn’t look at it?---No. This is a call, as I say, that occurred at 9.04 in the morning of Tuesday, 9 June. The previous call that I played to you between you and Mr Pintabona where you said to Mr Pintabona that you had just left about two minutes ago, that was the previous night, 8 June at 5.27 pm in the evening. Okay? In that call; that is, the one the previous night at 5.27, as we saw you were saying that you

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were referring to the Landcruiser but you were saying, “He’s dropping it off tomorrow.” Okay, and you were saying that you were going to chuck it on the hoist and do a service. Yes?---A service? I can show you the transcript of the call, if necessary - - -?---Okay - - - - - - but the previous night at 5.27 pm, so Monday, 8 June, you were saying that in respect of the Landcruiser, “He’s dropping it off tomorrow. I’m going to chuck it on the hoist, do a service while it’s there, check out if anything else needs doing on it but I’m pretty sure it’s pretty good.” All right?---Yeah. What I want to ask is when you had that conversation which was at 5.27 pm the previous night, had you seen the vehicle at that stage or not?---Yeah. He rocked up at my shop the day before. Then the following day the vehicle is back again?---Yes. If we look at page where you say, “I had it here. She had it here for an hour. I put it on the hoist and had a look,” are you talking about that morning; that is, 9 June, when the female driver is there?---Yeah. Then at page 5 in the same conversation Mr Pintabona says to you, “The thing I can suggest is possibly – what do I need? I need” – and then he says, “Take a shitload of photos for me. Get the speedometer.” Can you see that? ---Yes. And he asks you to do some other things in relation to this particular vehicle?---yes. That can be taken off the screen. Can we place 0274 back on please? Still on 9 June, so you’ve had the conversation with Mr Pintabona at 5 past 9 or thereabouts and then can you see that at 11.05 am Mr Pintabona sends you a text that says, “Any pictures coming through”?---Yes. And then it seems that by text you send two images at 11.18 am and 11.22 am?---Yes. Do you remember now what images you sent to him?---The images he asked me to send him. Images of what in particular?---Like a speedo, tyres. We’ll just look quickly if we can at the two images so the

first one is 0281. Mr Martin, I’ll just come back to that if I may but we can see, if we just put document 0274 back on, I’ll look at that a little bit later if necessary but I’ll ask you about the two images that you sent by text at 11.18 and 11.22 and then if we go down through this

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document there are a number of text messages exchanged between you and Mr Pintabona from 1.44 pm onwards. Is that right?---Yep. He asks you a number of questions and you respond to him? ---Yep. I think the last answer that you give to him on this afternoon is at 4.59 pm when you tell him what the tyre load is?---Yeah. Do you see that?---Yeah. Would it be correct that in all this time, that is, throughout the afternoon of 9 June, this Landcruiser is at your premises?---No. So it had been there earlier?---It was there for me to have a look at it, yes; with the lady, yes. Right?---I never took the photos: the photos got sent to me. When you were able to provide for example that detail of the tyre load, where did you get that information from? ---Off the photo. So there was a photo that was sufficiently detailed to tell you what the tyre load was?---On the tyre. Yes. THE COMMISSIONER: Who sent you the photos?---The owner of the vehicle. Did you ask for them?---Pardon? Did you ask for them?---Yes. TROY, MR: When you say the owner of the vehicle, is it the male or the female?---The male. He had come to your premises you say the previous day? ---Yes. And his wife came this day?---Yes. So when were the photographs sent to you? Were they sent the previous day or on this particular day?---It was the day the vehicle came to my work: the second day. The second day?---Yeah. So the female arrives with the vehicle and she’s there for about an hour or so. Is that right?---Yes.

And then you exchange some, what, text messages with the male owner? Is that right?---No, he - - - Or did he call you?---Yeah, he either called or

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text-messaged, I’ve forgot, and then must have got aggro, rocked back up at my work on a bike. I said I couldn’t really help unless you send me photos of your vehicle. When you say he rocked back up at your work on the bike, is it the same day is it; that is, 9 June?---Yeah. Yep. I think the images are ready now so I’ll just for the sake of completion show them to you. These are the images that were sent at 11.18 and 11.22 am, so the first one is 0281. This is a licence and third party insurance policy, you can see the name is Darren Raymond Street and the vehicle plate number is 1CVO-800. Can you see that?---Yes. Who had provided you this document?---The owner of the car. Mr Street?---Yeah. Had he provided that to you by text message on that particular day?---Yes. Then the second image is 0282 and that’s a photograph of the Landcruiser isn’t it?---Yes. Did you take that photograph or was it provided to you? ---That was, must be his house - was provided. That was provided to you - - -?---Yes. - - - by the owner of the car? Were you able to discern from that photograph the tyre details that you set out in the text messages?---There’s a – should be another photo of a rim. Of the?---Of the actual rim, the tyre itself. So not this particular photograph but another photograph that what, would show the tyre rim in more detail?---Yes. That’s 0282. I wonder whether I could just show 0280. That’s the same photograph isn’t it, Mr Martin? THE COMMISSIONER: We might take the morning break and sort these things out over the break. TROY, MR: Certainly. THE COMMISSIONER: We’ll take a break for 15 minutes.

____________________

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THE COMMISSIONER: Mr Martin, I understand you have another commitment this afternoon. At what time?---12.30. What time do you need to leave here?---Quarter past. We will ensure we finish in time for you to go in that case. TROY, MR: Thank you, sir. Would you display 0274 again thank you. We are still on the day that I was asking you questions about before the break; that is, Tuesday, 9 June. There are a number of text messages that seem to be exchanged between yourself and Alex Veronesi from about 6.41 pm onwards. Can you see that?---Yeah. Beginning with “This will be the last yellow sticker I do.” Can you see that?---Yeah. And you are referring, obviously, to the Landcruiser?---Oh, for anything for him. So the yellow sticker that you are referring to in that text message, do you know what vehicle you are referring to or not?---The Landcruiser. And the time that you sent this text message, at 6.41 pm on Tuesday, 9 June, is the Landcruiser still at your premises?---No. Where is it at this stage?---It left my premises. So it had been at your premises early on?---In the morning. Did you see it again or not?---No. Just going over the page, at the top of that page, it is still in fact on 9 June and it’s at 6.48 pm. You say in that text message, “I’m passing this car tomorrow for him and no more”?---Yeah. When you said in that message, “I’m passing this car tomorrow” what did you mean?---I meant I’m helping him out getting a pass; that’s about it. I don’t pass the vehicle but I am passing it meaning I’m helping Alex out, which I never should’ve anyway. The vehicle wasn’t with you at this stage?---No. To your knowledge it had a number of defects or difficulties with it?---No. I didn’t know that until a few

days later. But you had seen it, hadn’t you, that morning for some period?---The car?

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Yeah?---Yeah, I saw the car in the morning; yeah. When you looked at it that morning did you notice any difficulties with it or not?---It was in pretty good nick. There was some stuff needed doing like some suspension rubbers and stuff. Two tyres were almost on the wear indicators. They were still legal but I wouldn’t say there were, like, the best. That can be taken off the screen please, and can I play call session 1737 on warrant M1412. Start of IT transcript, call number 3753: MARTIN: Mate. PINTABONA: Hey mate. How are ya? MARTIN: Oh fuck, trying to get a timing belt off a

car. PINTABONA: Oh right, sorry. MARTIN: (sighs) PINTABONA: Just ringing about this Cruiser. Uhm, all

the gas has actually all been removed because it’s not

MARTIN: Yeah, there’s no tags. PINTABONA: working. MARTIN: Nothing. PINTABONA: Nothing, it’s all been removed. MARTIN: Nah, yeah, it’s all been PINTABONA: Plates. MARTIN: gone. PINTABONA: Okay. MARTIN: There’s no ID face, no PINTABONA: Just wanted to double check with you. MARTIN: stickers on the, he, he actually said he’s

gunna ring them up once it’s, when he goes and licenses it he’s gunna say well why has it still got LPG on it. It hasn’t been LPG for fucken years.

PINTABONA: Oh well I’ll, yeah, well I’ll cancel it all

off. That’s, he doesn’t have to do anything, mate. I’ll do it.

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MARTIN: Oh okay. PINTABONA: Not, I’ll change it all. Don’t worry. So

I’ll do it now and then I might get my wife to drop it off around lunch time. Is that okay? Or is the car still there

MARTIN: Yeah. PINTABONA: or has she taken it home. MARTIN: No no, sweet man, yeah. PINTABONA: Okay. Well, hopefully my wife might drop it

off uh about lunch time or something like that or

MARTIN: Yeah sweet, and what do I owe you? PINTABONA: Okay. MARTIN: Coupla hundred? PINTABONA: Yeah, that’d be fine. MARTIN: Yeah. I’ll give it to your wife. PINTABONA: Okay. No worries. MARTIN: Sweet. Cheers brother. PINTABONA: Thanks mate. See ya mate. MARTIN: See ya mate. PINTABONA: See ya mate. Bye bye. End of TI transcript. TROY, MR: Mr Martin, again this is a conversation between yourself and Mr Pintabona?---Yes. This is the following day, Wednesday, 10 June at three minutes past nine on the morning. Where was the Landcruiser at the time of this conversation?---Not at my premises. You hadn’t seen it since the previous morning. Is that the position?---Yeah. This is a conversation about the Landcruiser?---Yes.

Can we go to page 2 please? Can you see where Mr Pintabona starts to say “Not – I’ll change it all. Don’t worry”?---Yeah. He goes on to say, “I’ll do it now and then I might get my

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wife to drop it off around lunchtime. Is that okay or is the car still there?” Can you see that question?---Yeah. Your response to that is “Yeah”. Can you see that?---Yeah. Then he says, “Or has she taken it home?” and you say, “No, no. Sweet, man; yeah.” Do you see that?---Yeah. You are telling Mr Pintabona in that conversation that the vehicle is still with you?---No. What are you saying to him?---No; he was never at my premises. “Come to mine for like an hour (indistinct) the car’s still there.” That’s what you say but in this conversation on the 10th - - ?---“My wife will drop off at the lunchtime.” I said, “Yeah.” “Or has she taken it home?” “No, sweet, man.” No, it’s just worded wrong. The car was not at my premises. THE COMMISSIONER: “Or is the car still there?” “Yeah.” “Or has she taken it home?” “No”?---“Yeah, the wife will drop it off at lunchtime. Is that okay?” and I said, “Yeah.” The car was not at my premises. I swear to God it was not at my premises. TROY, MR: Did you hear Mr Pintabona ask you, “Or is the car still there”?---I said, “Yeah.” “But is it okay for my wife to drop it off at lunch. Is that okay?” “Yeah” Did you hear Mr Pintabona say to you in that conversation at the time when you were speaking to him, “Is the car still there?” Did you hear that question or not?---I can’t remember that far back but the car was definitely not at my premises. Take that off please and play call 1738 on warrant M1412. Start of IT Transcript, call number 3754 MARTIN: Hey man. PINTABONA: Sorry to bother you mate. Has that car

still got its plates on it, CVO MARTIN: Yeah. PINTABONA: eight hundred. MARTIN: Yep, yep. PINTABONA: Okay. That thing expired fifteenth of the

ninth last year. MARTIN: Yeah, six months he said. Fucken PINTABONA: Three

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10/11/15 MARTIN, L.A. XN 47 (Public Examination)

MARTIN: more than six months. PINTABONA: nine months. MARTIN: Nine months. PINTABONA: So it’s still got the plates on it, CVO MARTIN: Yeah, it’s still got the plates on it. PINTABONA: Did they tell you that they went over the

pits? MARTIN: The car? PINTABONA: Yeah. MARTIN: No. Has it been? PINTABONA: Yeah. It went over the pits, uhm, three

months ago. MARTIN: And what happened? PINTABONA: I’ll just show you in a minute, uhm, it went

over on, in March this year. MARTIN: Yeah. PINTABONA: And it was picked writing, UHF to be fitted

and secure. What’s that radio CB or something is it?

MARTIN: Yeah, CB radio, yeah. PINTABONA: Has that been removed or is it MARTIN: Oh dunno. Didn’t even, I didn’t even look

inside it. PINTABONA: Park lights to operate correctly. MARTIN: Yeah. PINTABONA: Number plate lights to operate correctly. MARTIN: Yeah. PINTABONA: Washers to operate correctly, rear. MARTIN: Yeah. PINTABONA: Door seals to be fitted and in good

condition. Driver’s door to be fitted correctly and seal around top.

MARTIN: Yeah.

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10/11/15 MARTIN, L.A. XN 48 (Public Examination)

PINTABONA: Uhm, rectify sharp edges of bull-bar and

bumper to be fixed. Is there anything on there? Why sharp edges?

MARTIN: Oh, the car came. I looked at all the oil

leaks, tyres, all like the main stuff, you know what I mean?

PINTABONA: Yep. MARTIN: I didn’t, didn’t know it went over any of

the, they never said it went over. PINTABONA: Yeah, great isn’t it? All tyres to be

roadworthy, left-hand MARTIN: Yeah yeah tyre PINTABONA: front. MARTIN: Tyres are sweet on it. PINTABONA: All tyres are good, yeah. MARTIN: Like they’re, they’re like, they’re

Goodriches or something on it. PINTABONA: Mm. If you get a chance do you want to

check those other little things or? MARTIN: Yeah. I’ll have to get it back but, I’d

have to ring her. PINTABONA: Oh, okay. MARTIN: I’ll have to get it back when I, yeah, I

haven’t really got time today to even look at it. I’ve fucken got a cunt of a job on right now I’m tryin’ to fucken fix which I don’t think I’m gunna get it.

PINTABONA: Oh, okay. It’s obviously park lights and

number plate lights and rear washers. MARTIN: Yeah, yeah. PINTABONA: And the door seal. Did it look like it was

in good nick or does it look shit? MARTIN: The door seal? PINTABONA: Yeah, how was MARTIN: Oh I couldn’t PINTABONA: the door seal?

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MARTIN: Couldn’t say to you man. I don’t like, I didn’t even really look at somethin’ like that, you know what I mean? Like I didn’t

PINTABONA: Mm. MARTIN: Didn’t know I had to look at that because

they never fucken told me it went over and PINTABONA: Mm. MARTIN: it got done. So no, I wouldn’t have a

fucken, wouldn’t have a clue what the door seal looks like.

PINTABONA: Oh okay. Mm. Do you to put it on hold or

take a photo of it and send it to you? MARTIN: Yeah, if you can. PINTABONA: Yeah. I’ll take a photo of it and I’ll send

it to you and then MARTIN: Yeah. PINTABONA: I might cancel it or whatever, or just put

it on hold. MARTIN: Yeah. Do that bro. PINTABONA: Make sure everything’s yeah, done right. MARTIN: Make sure, fucken sweet. PINTABONA: Fucken …… I tell ya. Yeah. MARTIN: Dog cunts. PINTABONA: ’Cos they’re gunna ask me MARTIN: Yeah. PINTABONA: are these other things all rectified, you

know? MARTIN: Yeah. Sweet, man. I’ll uhm PINTABONA: Okay? MARTIN: Yeah, send us, send us the pics bro. PINTABONA: Yeah okay. No worries. MARTIN: Thanks. PINTABONA: Thanks mate. See ya. End of TI Transcript.

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10/11/15 MARTIN, L.A. XN 50 (Public Examination)

THE COMMISSIONER: Well, ”Or is the car still there?” “Yeah.” “Or has she taken it home?” “No”?---I said, “Yeah.” “Wife will drop it off at lunchtime, is that okay?” and I’ve said “yeah”. The car was not at my premises. I swear to God it was not at my premises. TROY, MR: Did you hear Mr Pintabona ask you, “Or is the car still there”?---I said yeah, but is okay for my wife to drop it off at lunch. “Is that okay?” “Yeah.” Did you hear Mr Pintabona say to you in that conversation, at the time when you were speaking to him, “Is the car still there?” Did you hear that question or not?---I can’t remember that far back, but the car was definitely not at my premises. Can you take that off please and play call 1738 on warrant M1412. Start of TI transcript, call number 1738: MARTIN: Hey man. PINTABONA: Sorry to bother you mate. Has that car

still got its plates on it, CVO MARTIN: Yeah. PINTABONA: eight hundred. MARTIN: Yep, yep. PINTABONA: Okay. That thing expired fifteenth of the

ninth last year. MARTIN: Yeah, six months he said. Fucken PINTABONA: Three MARTIN: more than six months. PINTABONA: nine months. MARTIN: Nine months. PINTABONA: So it’s still got the plates on it, CVO MARTIN: Yeah, it’s still got the plates on it. PINTABONA: Did they tell you that they went over the

pits? MARTIN: The car? PINTABONA: Yeah. MARTIN: No. Has it been?

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PINTABONA: Yeah. It went over the pits, uhm, three

months ago. MARTIN: And what happened? PINTABONA: I’ll just show you in a minute, uhm, it went over on, in March this year. MARTIN: Yeah. PINTABONA: And it was picked writing, UHF to be fitted

and secure. What’s that radio CB or something is it?

MARTIN: Yeah, CB radio, yeah. PINTABONA: Has that been removed or is it MARTIN: Oh dunno. Didn’t even, I didn’t even look

inside it. PINTABONA: Park lights to operate correctly. MARTIN: Yeah. PINTABONA: Number plate lights to operate correctly. MARTIN: Yeah. PINTABONA: Washers to operate correctly, rear. MARTIN: Yeah. PINTABONA: Door seals to be fitted and in good

condition. Driver’s door to be fitted correctly and seal around top.

MARTIN: Yeah. PINTABONA: Uhm, rectify sharp edges of bull-bar and

bumper to be fixed. Is there anything on there? Why sharp edges?

MARTIN: Oh, the car came. I looked at all the oil

leaks, tyres, all like the main stuff, you know what I mean?

PINTABONA: Yep. MARTIN: I didn’t, didn’t know it went over any of

the, they never said it went over. PINTABONA: Yeah, great isn’t it? All tyres to be

roadworthy, left-hand MARTIN: Yeah yeah tyre

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10/11/15 MARTIN, L.A. XN 52 (Public Examination)

PINTABONA: front. MARTIN: Tyres are sweet on it. PINTABONA: All tyres are good, yeah. MARTIN: Like they’re, they’re like, they’re

Goodriches or something on it. PINTABONA: Mm. If you get a chance do you want to

check those other little things or? MARTIN: Yeah. I’ll have to get it back but, I’d

have to ring her. PINTABONA: Oh, okay. MARTIN: I’ll have to get it back when I, yeah, I

haven’t really got time today to even look at it. I’ve fucken got a cunt of a job on right now I’m tryin’ to fucken fix which I don’t think I’m gunna get it.

PINTABONA: Oh, okay. It’s obviously park lights and

number plate lights and rear washers. MARTIN: Yeah, yeah. PINTABONA: And the door seal. Did it look like it was

in good nick or does it look shit? MARTIN: The door seal? PINTABONA: Yeah, how was MARTIN: Oh I couldn’t PINTABONA: the door seal? MARTIN: Couldn’t say to you man. I don’t like, I

didn’t even really look at somethin’ like that, you know what I mean? Like I didn’t

PINTABONA: Mm. MARTIN: Didn’t know I had to look at that because

they never fucken told me it went over and PINTABONA: Mm. MARTIN: it got done. So no, I wouldn’t have a

fucken, wouldn’t have a clue what the door seal looks like.

PINTABONA: Oh okay. Mm. Do you to put it on hold or

take a photo of it and send it to you? MARTIN: Yeah, if you can.

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10/11/15 MARTIN, L.A. XN 53 (Public Examination)

PINTABONA: Yeah. I’ll take a photo of it and I’ll send

it to you and then MARTIN: Yeah. PINTABONA: I might cancel it or whatever, or just put

it on hold. MARTIN: Yeah. Do that bro. PINTABONA: Make sure everything’s yeah, done right. MARTIN: Make sure, fucken sweet. PINTABONA: Fucken …… I tell ya. Yeah. MARTIN: Dog cunts. PINTABONA: ’Cos they’re gunna ask me MARTIN: Yeah. PINTABONA: are these other things all rectified, you

know? MARTIN: Yeah. Sweet, man. I’ll uhm PINTABONA: Okay? MARTIN: Yeah, send us, send us the pics bro. PINTABONA: Yeah okay. No worries. MARTIN: Thanks. PINTABONA: Thanks mate. See ya. End of TI transcript. TROY, MR: Mr Martin, again this is a conversation between yourself and Mr Pintabona?---Yes. It’s the same morning, about 23 minutes after the previous conversation and just two things, if I could take you to page 3 please. You were asked by Mr Pintabona in relation to this car, “If you get a chance do you want to check those other little things?” Can you see that?---Yeah. Your answer is, “I’ll have to get it back but I have to ring her”?---Yeah. When you say that, you’re referring to the Landcruiser?

---Yes. So in fairness to you, at that stage you’re saying that you have to get the Landcruiser back?---Yes.

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10/11/15 MARTIN, L.A. XN 54 (Public Examination)

Because it’s not at your premises?---Yes. But you would have to ring her, her being the - - -?---I’d rather speak to her than him. All right. Her being – who is the female person you’re referring to?---The lady who rocked up in the four-wheel drive. Does Mr Pintabona during the course of that conversation say – as well as telling you that the vehicle had been over the pits three months earlier, does he say to you that he is going to send you a photograph?---Yeah. To your recollection did he send you a photograph?---I don’t remember. I remember getting photos from the owner but I don’t know why Troy sent me a photo. If we take that off the screen please and put the text message 0274 back on, and if we scroll down probably to the final page. Thank you. The conversation that we just listened to, Mr Martin, was at 9.26 am and we can see that four minutes later, four minutes after that conversation started at 9.30 am, there is a text message from Mr Pintabona to you which contains an image. Can you see a reference to the image? ---Yes. I will ask, if we can, that that particular image, 0283, is displayed. Can you see that document?---Yes. Looking at it now, can you remember Mr Pintabona sending you by text message this particular - - -?---I don’t remember but he must’ve, yeah. It has come to my phone. Thank you. That can be taken off. The final call I think is call number 1741 and warrant 1412. Start of TI transcript, call number 1741: PINTABONA: Hey Leigh, how are ya? MARTIN: Hey mate. Hey, I just spoke to his wife. PINTABONA: Yeah? MARTIN: She’s gunna send the form in where she got done by Auto Masters in Joondalup. PINTABONA: Yeah?

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10/11/15 MARTIN, L.A. XN 55 (Public Examination)

MARTIN: All the work, there’s almost three grand’s worth of work she said and then they were supposed to take it to some joint in Joondalup after that and they never ended up takin’ it ’cos it was never fucken open. PINTABONA: Oh okay. MARTIN: So they got two front seat belts, she said, four tyres, all the lights to work. PINTABONA: Yeah. MARTIN: Uhm, they had to put a new seat, driver’s set in ’cos it was ripped. PINTABONA: Okay. MARTIN: And it’s goin’ to Shrek’s next week to get the roof painted ’cos apparently the clear’s comin’ off or some shit she was sayin’. PINTABONA: Oh okay. MARTIN: Yeah. So she’s gunna send it through. If she can’t find it she’s gunna drive there and get another receipt and send it to me. PINTABONA: Okay …… MARTIN: Did you see the door seal? PINTABONA: Yeah. They put two brand new ones on the front. MARTIN: Good, good, good. PINTABONA: Yeah. And what else was on that list? MARTIN: Uh front

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10/11/15 MARTIN, L.A. XN 56 (Public Examination)

PINTABONA: Uhm. MARTIN: Front rear, all the lights, she said, they just put new globes in. PINTABONA: Yep. MARTIN: Uhm there was a fray on the PINTABONA: …… MARTIN: Fray on the seat and they put a new driver’s seat in and then they put four brand new BF Goodriches on it. PINTABONA: Yeah, good. Okay. MARTIN: There’s about two thousand seven hundred and somethin’ bucks worth of work, she said. PINTABONA: Yeah. MARTIN: And they were supposed to take it to some pits in Joondalup and they never ended up takin’ it there. PINTABONA: Oh okay. MARTIN: Yeah. PINTABONA: Right. Okay. Let’s go. MARTIN: I’ll, I’ll get her to send the form through anyway. PINTABONA: No worries. Thanks mate. MARTIN: Cheers. See ya mate. PINTABONA: Yeah, thanks mate. Bye bye. End of TI transcript. TROY, MR: Again, a conversation between yourself and Mr Pintabona?---Yes.

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10/11/15 MARTIN, L.A. XN 57 (Public Examination)

And this is at 10.57 on the morning of 10 June, and you refer to the fact that you just spoke to his wife?---Yes. Can you just tell us how that happens, is that a phone call or a meeting in person?---No, no, just rang me. So who rang who?---She rang – no, I rang her about it. When you say you rang her, you’re referring to the female driver or owner of the Landcruiser?---Yes. How long did you speak to her for?---I asked her about the stuff, about the yellow sticker. So did you understand in fact that this was a vehicle that had needed to be examined because it had got a yellow sticker?---No, it had nothing on the window, no nothing. I never knew anything about it. And she provided to you, did she, some of the information that you then passed on to Mr Pintabona in the call that we’ve just listened to?---Yes. There’s a reference to you saying she’s going to send the form in where she got done by Automasters in Joondalup. Are you familiar with Automasters in Joondalup?---Am I familiar? Are you aware of that premises - - -?---No. - - - precisely what it is?---No. You’re at your premises at the time of this particular conversation?---Yes. And the Landcruiser is not there?---No. And it hasn’t been there, you say, since early the previous morning?---Yes. Thank you. That can be taken off the screen. Then can I just ask that you be shown document 0180. This is a certificate of inspection, as you can see, Mr Martin. The writing at the top, “Leak or performance”, do you recognise that as your writing?---No. Did you fill in that detail on this particular form?---No, I didn’t. Similarly, for the date, 9/6/15, did you provide that date? ---No, I didn’t.

Did you provide any of the details that we see under Vehicle Details?---No. Did you ever see a certificate of inspection for this particular vehicle?---No.

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10/11/15 MARTIN, L.A. XN 58 (Public Examination)

Commissioner, those are all the questions for the witness. THE COMMISSIONER: Mr Martin, you will be free to go. I should tell you that I regard some of your evidence today and at your private examination as unsatisfactory, and you would be wise to reflect on your evidence. I think you have considerably minimised your involvement in some of these matters, and you would be wise to reflect on that. If you wish to contact commission investigators after reflecting, we will see what we can do, but for the moment you are free to go?---Thank you.

(THE WITNESS WITHDREW) THE COMMISSIONER: Mr Troy, do we have another witness? TROY, MR: Sir, if you will just allow me a moment, I will make inquiry. THE COMMISSIONER: You are free to go. MARTIN, MR: Can I speak to Ken? THE COMMISSIONER: Yes. I will adjourn for a short - - - TROY, MR: Thank you, sir.

AT 11.58 AM THE MATTER WAS ADJOURNED ACCORDINGLY