For the purpose of making information, (about the takeover which saw the SECRET $610 million concessional loan pass to the foreign corporation), available to the public, I have copied recent correspondence with the office of Black J of the NSW Supreme Court.
I have raised with the NACC Inspector, (Ms Gail Furness), the fact that the NACC Commissioner, (Mr Paul Brereton), is yet to respond to my submission.
No one will be surprised to know that NAIF's hief Legal Officer, Mr Chris Collins, has not come forward with any information concerning the repeated requests I made that he obtain a legal opinion from the Commonwealth Solicitor-General. Likewise ASIC's Peter Witham, (the officer who had full knowledge about went on with Skip Capital) and CEO, Greg Yanco, remain silent.
Perhaps the NACC Inspector will say if the NACC obtained all NAIF documents pertaining to the SECRET loan and, if it exists, the opinion of the Solicitor-General, AND, subjected those documents to rigorous forensic analysis.
Ministers King and Gallagher, NAIF, ASIC and others can turn a blind-eye to unethical behavior. I can pester them by reminding them how, in the face of a lack of contrary evidence, they all seem to have decided; “we don’t know if the transaction is legal but we will act as if it is”Margaret R Smith
Mon, Sep 30, 7:05 AM (3 days ago)
to Chris, Geread, Greg, John, Patrick, Peter, Senator, David, Dr, Louise, Casey, Lachlan, Alberto, Madeleine, David, Mark, Andrew, Kate, Simon, [email protected], Alexandra, Bruce, Allan, Erin, Jane, Benjamin, Sarah, Ralph, Lisa, Peter, me
Dear Mr Patrick
Black J has asked me to point out that he has no ongoing role in this matter and he has requested that you cease copying correspondence to me.
Regards
Margaret R Smith
Associate to Justice Black
Equity Division
Supreme Court of New South Wales
Law Courts Building, Queens Square
Ph: (02) 9230 8784
From: Howard Patrick <[email protected]>
Sent: Sunday, September 29, 2024 1:40 PM
To: Chris Collins <[email protected]>; Geread Dooley <[email protected]>; Greg Yanco <[email protected]>; John Williamson-Noble <[email protected]>; Patrick Cronan <[email protected]>; Peter Witham <[email protected]>; Margaret R Smith <[email protected]>; Senator O'Neill <Senator.O'[email protected]>; David Webster <[email protected]>; Dr Andrew Leigh <[email protected]>; Louise Sasaki <[email protected]>; Casey Greentree <[email protected]>; Lachlan Morley <[email protected]>; Alberto Colla <[email protected]>; Madeleine K <[email protected]>; David Delprat <[email protected]>; Mark Dreyfus <[email protected]>; Andrew Macdonald <[email protected]>; Kate McClymont <[email protected]>; Simon Kidston <[email protected]>; [email protected]; Alexandra Whitby <[email protected]>; Bruce Miller AO <[email protected]>; Bulman, Allan <[email protected]>; Erin Jameson <[email protected]>; Jane Supit <[email protected]>; Benjamin Folkes <[email protected]>; Sarah McPhee <[email protected]>; Ralph Craven <[email protected]>; Lisa Caffery <[email protected]>; Peter Yu <[email protected]>
Subject: ETHICS - your dealings, on behalf of NAIF, with the SOLICITOR- GENERAL.
Dear Mr Collins I happened upon the LinkedIn item informing interested parties in the talk you are giving on 30 October. What I observed ASIC's, Mr Witham and you do was avoid seeking opinions re the Skip Capital and J - Power takeover bids
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Howard Patrick<[email protected]>
Wed, Oct 2, 3:38 PM (19 hours ago)
to NAIF, Margaret, Chris, Geread, Greg, John, Patrick, Peter, Senator, David, Dr, Louise, Casey, Lachlan, Madeleine, David, Mark, Andrew, Kate, Simon, [email protected], Alexandra, Bruce, Allan, Erin, Jane, Benjamin, Sarah, Ralph
Margaret R Smith
Associate to Justice Black
Equity Division
Supreme Court of New South Wales
Law Courts Building, Queens Square
Dear Ms Smith
I can understand Black J finding it displeasing to be reminded of the Genex Power Ld/ J- Power transaction he facilitated.
Black J was made aware of the matter I raised in my recent email to NAIF's Chief Legal Officer, Mr Chris Collins. Like ASIC, Black J, invited me to become a party to the transaction. Again, like ASIC, Black J, new I had, in 2022, repeatedly requested Mr Collins, on behalf of NAIF's Chairperson, Board and CEO and for the information and benefit of both Ministers King and Gallagher and ASIC to obtain legal opinion(s) from the Commonwealth Solicitor-General.
Black J knows, without me engaging lawyers, the Skip Capital transaction, (intended to benefit the two individuals; Jackson and Farquhar), did not proceed. NAIF's Chief Legal Officer never wrote saying if an opinion on the Skip Capital bid has been obtained from the Solicitor-General; I and thousands of Genex Power Ltd shareholders were left with spurious information, intended, by the parties involved, to convey the false story that the offer had been withdrawn because of "egress of water into the MAT; (Main Access Tunnel).
Black J also knows that NAIF's Chief Legal Officer has, to date, failed to provide advice if he sought and obtained advice from the Solicitor-General as to questions about the legality of the transfer of the benefits of the SECRET $610 million concessional loan to the foreign corporation; (J - Power).
As you point out, on behalf of Back J, he has no ongoing role in this matter. Black J did what was sought of him; facilitate the takeover transaction, seemingly, it seems to me, adopting the approach of others which was “we don’t know if the transaction is legal but we will act as if it is”.
While the matter of the takeover has finished, the matters raised in my submission to the Commissioner of the NACC, (Webform ID 202461774220 - 2635), remain outstanding.
Since I emailed Mr Collins on 29 September and cc'd that email to you and many others I have:-
Further alerted the three Members of the Panel, (through the Taskforce created by NAIF Act 2016 Statutory Review), to what I believe to have been the grossly unethical administration of NAIF's main investment; the SECRET $610 million loan made towards the construction of the Kidston Stored Pumped Hydro project. (I would not have considered warranted if any one of Mr Chris Collins, the NAIF Chairperson, (Hayes), the CEO of ASIC, (Yanco) and indeed, Ministers King and Gallagher, had written to me, (but, preferably< to the Chairman and Board of Directors of Genex Power Ltd), and provided them an opinion from the Solicitor-General that transferring the benefits of the $610 million loan was legal. A confirmation from the NACC that, after thorough examination, the Genex/J - Power transaction complied with all legal requirements, would have been helpful to all who have been involved in the underhand transaction.
Raised with the Director of the Office of the Inspector for the National Anti-Corruption Commission, (Erin Jameson), the fact that I have not received any feedback from the NACC, (Brereton). I asked if the Inspector, (Furness), would tell me if the NACC had obtained from NAIF and/or ASIC all communications between NAIF's Chief Legal Officer, (Mr Chris Collins), and the Solicitor-General and, further. if such documents had subjected RIGOROUS FORENSIC LEGAL ANALYSIS. When a loan is SECRET and, as it does in this instance, remains SECRET, questions face any competent investigation, carried out by professional qualified and experienced officers, about possible corrupt payments and gratuitos benefits.
I did not, but should have asked if the NACC took possession of all NAIF documents, (Agenda Items, Minutes of Meetings. Ministerial Briefings, etc, etc), most especially where the opinion(s) of the Solicitor-General and/or the Australian Government Solicitor, on the legal use and benefit to which the SECRET $610 million loan could apply; (in particular making the loan available for the benefit of the foreign entity).
I have copied, below, my email to the NAIF Act Statutory Review Taskforce; it contains a copy of my email to Erin Jameson.
Hopefully I will receive a response from Erin Jameson.
I will forward it, (the response from Erin Jameson) and, bearing in mind the ninety (90) day time frame under which the NACC operates, a letter from the NACC, to you and Black J.
Black J might have some interest in knowing whether or not the transaction he facilitated was considered by the Solicitor-General to comply with all Commonwealth of Australia Laws to Commonwealth of Australia funds?
Yours sincerely
Howard Patrick
