CFMEU boss cut loose by lawyers at corruption inquiry
THE boss of the construction union in NSW has been dumped by its lawyers, and his future in the organisation is unclear as he faces likely prosecution for giving “perjured evidence” to a corruption inquiry.
It was confirmed at the royal commission into union corruption yesterday that Brian “Sparkles” Parker had been abruptly cut loose by Slater & Gordon.
Commissioner Dyson Heydon was informed just 24 hours before today’s deadline for the Construction Forestry Mining and Energy Union to respond to recommendations from the commission’s counsel assisting, including that Mr Parker be charged with giving false evidence, an offence that carries a jail term of up to five years.
Mr Parker could be the first significant casualty of the royal commission, as the CFMEU seeks protection at a late stage of proceedings by separating him from its legal representation after damaging allegations about his role in covering up the leak of personal superannuation files.
Tim Game SC, a top Sydney barrister specialising in criminal appeals and now representing Mr Parker, told the commission that Slater & Gordon had dropped Mr Parker as a client because of a “conflict of interest”.
Asking for more time beyond today’s submission deadline, Mr Game said he was hired to represent Mr Parker only late on Wednesday. Neither he nor Mr Parker had not been told the nature of the conflict.
Mr Heydon, expressing frustration the CFMEU’s lawyers did not turn up to the hearing, said Mr Parker had been “placed in a pickle”. He questioned who might have instructed Phil Passfield of Slater & Gordon to drop Mr Parker when Mr Parker would normally issue instructions as NSW branch secretary.
Mr Heydon raised doubts about the newness of the alleged conflict. He suggested it related to Mr Parker’s denial to Fairfax Media in May, through Mr Passfield, that he had received leaked confidential super files, and to Slater & Gordon having represented the CFMEU’s Victorian branch in relation to its Building Industry 2000 “slush fund”.
Dave Noonan, national secretary of the CFMEU’s construction division, told The Australian the decision to drop Mr Parker was based on legal advice and not unusual. Asked if Mr Parker was unhappy with being dumped at this late stage, Mr Noonan said: “I’m not going to comment on that.” Asked if Mr Parker was likely to continue in his job, Mr Noonan said: “He’s the elected secretary and I don’t see why he wouldn’t.”
Mr Parker told The Australian he hoped the CFMEU would pay his new barrister’s fees.
He was not at odds with the union, he said, and was continuing in his job. He confirmed his new barrister had informed him of his legal power to refuse permission for the CFMEU to continue with Slater & Gordon after the firm had ceased representing him. “I have not given it thought,” he said.
