Chris McArdle (500x282)

Craig Thomson’s lawyer, Chris McArdle, caught lying in an affidavit while suing the Labor Party

Craig Thomson’s lawyer, Chris McArdle, has clearly committed the criminal offences of attempting to pervert the course of justice and perjuring himself in an affidavit in his role of defending Craig Thomson. The evidence for this is 2 contradictory affidavits filed in court and signed by Mr McArdle. Mr McArdle could quite easily end up doing more jail time than Craig Thomson.

This only came to light last week because Chris McArdle started breach of contract proceedings against the Labor Party saying they have not paid him $35,000 he claims they said they would to represent Craig Thomson. In doing so Mr McArdle filed and signed an affidavit in the NSW Local Court dated the 24th July 2013. (Click here to read the affidavit on the Crikey website).

The claims made in this affidavit contradict a previous affidavit Mr McArdle filed and signed on the 20th March 2013 while representing Craig Thomson in the Federal Court of Australia before Justice Jessup. The bottom line is that Mr McArdle deliberately lied, deceived and withheld information in March from Justice Jessup in an attempt to pervert the course of justice. (Click here to read the affidavit)

Background

I have published a number of posts on this matter and it is finally starting to come to a head in a major way. I raised the possibility that Chris McArdle had lied in his March affidavit in the first post I published on the 21st April titled “Craig Thomson MP – Who’s paying his legal bills? Which union is it?” where I said:

“It is rather odd that Craig Thomson did not write the affidavit, as per above, himself given it outlines his and his wife’s financial position. The purpose of the affidavit is to assist his application, which was heard last week by Justice Jessup, to have the civil matters by FWA stayed until the criminal matters are heard and dealt with. Justice Jessup has reserved his judgement.”

“The affidavit implies a story of hardship with little money and large legal costs as a reason why the civil matters should be stayed. But this argument could not be supported if the TWU or someone else was paying his legal bills. If Craig Thomson had written the affidavit himself he would have had to declare that the TWU is paying his legal bills or lie in the affidavit which is a criminal offence.”

“Solution! Have his lawyer write the affidavit and if later caught out that the TWU or another union is paying the legal bills, then he can just say he never told his lawyer as he did not think it was relevant and his lawyer never misled the court. Problem solved.” (Click here to read the post)

In his latest July Affidavit Mr McArdle says that he was promised the $35,000 by NSW Labor Party secretary Sam Dastyari on the 21st February 2013 which predates his March Affidavit.

So the obvious question is why did Mr McArdle not mention the $35,000 in his March affidavit. The answer is simply, because it would not have helped his cause to have the civil charges stayed against Craig Thomson while the criminal charges were afoot. Mr McArdle had argued in his March affidavit how poor Craig Thomson was and how large his legal bills were. Well to Mr McArdle’s knowledge at the time, as the July affidavit shows, Craig Thomson’s legal bills were not as large as he said in his March affidavit as he was guaranteed at least $35,000 by the Labor Party to pay them which he knowingly left out of the March affidavit.

Lying in an affidavit is a criminal offence and Mr McArdle has clearly done that. As I have previously written in relation to his March affidavit: “Christopher McArdle who wrote the affidavit is representing Mr Thomson for the civil proceedings and says that he has already billed Mr Thomson ”about $50,000 in legal fees” yet makes no mention if he has been paid the money or if he has by who”.

At the time of writing that in his 20th March affidavit Mr McArdle had already invoiced the Labor Party $35,000 as his July affidavit shows. He was meant to be paid in two instalments, $25,000 seven days after the 21st of February and $10,000 ten days after that which he invoiced the Labor Party for on the 4th of March as the July affidavit says. So how can he say in his March affidavit that he had already billed Mr Thomson about $50,000 when in fact he had billed the Labor Party $35,000. Does that mean Craig Thomson was only billed $15,000? Or was the $50,000 on top of what he had billed the Labor Party? If that is the case then why is the $35,000 not in the affidavit?

This story has got plenty of legs and is starting to heat up and should be an election issue if the other political parties raised it. If you are new to the story then it is worth reading the other posts that I have done on it: (Click on the links below)

Craig Thomson sets up slush fund but calls it a trust fund to pay his legal bills” 30/4/13

“Labor Party VP Tony Sheldon threatens defamation proceedings against KCA regarding Craig Thomson” 5/5/13

Labor Party tries to bribe Craig Thomson with government money to go quietly” 19/5/13

TWU and Tony Sheldon

I stand by the post I published on Tony Sheldon and the Transport Workers Union (TWU) setting up a slush fund to pay Mr Thomson’s legal bills. In Mr McArdle’s July affidavit he says that he agreed to draft the invoices in his company name, Alanida Pty Ltd, and not his law firm’s name and the invoices would be drafted as specified by the second respondent (Sam Dastyari). I would love to see those invoices and whose name they are made out to. Maybe the TWU Slush fund?

It was reported on Friday in The Australian in relation to the $35,000 that Sam Dastyari said: 

“We made clear long ago that we would not pay any of Craig Thomson’s legal bills once he ceased to be a member of the ALP,” Mr Dastyari said

But Mr Dastyari would not confirm or deny specific claims by Mr McArdle that the powerful ALP official came to his office on two occasions to discuss precise arrangements to provide $35,000 towards Mr Thomson’s defence

“would also not comment on whether he had offered to find money to support Mr Thomson’s defence from sources other than the ALP”. (Click here to read more)

The above goes a long way to show why Tony Sheldon did not follow through with his threat to sue me for defamation as I suspect a lot of people in the Labor Party would know about the deal and Mr Sheldon is Vice President of the Party. Mr McArdle has been representing Mr Thomson since at least last October (2012) and would not have waited until this year to have fee payments guaranteed being paid. So who guaranteed them last year?

It also says in the July affidavit that Craig Thomson knew about the agreement to pay the $35,000 which helps explain why Craig Thomson did not file an affidavit in March as to his and his wife’s financial affairs and instead had Mr McArdle file an affidavit. Mr McArdle I suspect would regret doing that now.

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30 Comments on “Craig Thomson’s lawyer, Chris McArdle, caught lying in an affidavit while suing the Labor Party”

  1. plumber perth July 28, 2013 at 9:48 am #

    This labor party is rotten to the core yet you are the only one who mans up and tells it like it is yet the mainstream media simply brush it aside. Well I say well done to you and after watching most political news programs I get a little sick to the stomach of learning that all these so called polls have KRudd on the return yet article’s like these should be out there so honest people can really see how bad they are.

    • Chris McArdle June 16, 2014 at 8:40 am #

      Someone mentioned that it would entertaining to look at this loony stuff, and they were right. Some very sad and isolated people in our community. Cut backs in Medicare in the Federal Budget will probably exacerbate the problem.
      Last time I checked I wasn’t in jail, by the way.

  2. Wilmot mather July 28, 2013 at 10:02 am #

    A corrupt & incompetent Labor party with their rogue Lawyers. OMG, how sad.

  3. Allan Usherwood from Myalup WA. July 28, 2013 at 10:41 am #

    Who is the comedian saying McArdle will do more time than Craig Thompson, we all know that they won’t see a day of incarceration, no more than all those bloody Labor crooks in the NSW Labor party.Going on form they probably end up with an OBE or something similar. Just like Gillard and Shorten this country is swilling in administration corruption every bit as bad as Indonesia, we are better at covering it up. Just look at the scenario. Six years of worthless dysfunctional government,first controlled by a mixture of Greens unions and decietfull power hungry independants. Now we end up with a Prime minister who coudn’t organise a darts club raffle without costing a life or two. Picked by the unions to win an election not for his political prowess but for his Mick Jagger type popularity. God what a bloody mess the 50 percent of the voting population has lumbered us with,if this keeps up we will be going to Papua New Guinea for hand outs not for trying to solve our problems with asylum seekers.Allan from Myalup WA.

  4. thewobblyone July 28, 2013 at 10:44 am #

    I think it would be nice if they got adjoining cells.

  5. Annie Barker July 28, 2013 at 11:31 am #

    And yet fools out there get Rudd mixed up with reality shows, and still want to vote for him. If Australia votes this moron back in, it deserves everything it gets and then some.

    • Shane Dowling July 28, 2013 at 11:33 am #

      Please keep comments on topic of the above post.

  6. AJ from WA July 28, 2013 at 11:34 am #

    Shane, The evidence you present here is typical of the judicial systems levels of corruption. I will be amazed if any charges actually arise from this blatant deception of our legal system, but this is nothing new in itself.

    If this was Mr Joe Average he would of been hung, drawn and quartered by now!

    • bushbunny July 28, 2013 at 12:01 pm #

      I agree, this evidence will be pushed under the carpet. But on the bright side, what ever a court decides against Thomson, and of course his lawyer, who will ever employ them again? This year the release of information of wrong doings, the Obeids, Torbay, etc., is making me believe that Australia is run by thugs? It’s OK suspending Thomson from the ALP, but to pay for his legal fees? AJ yes if it was someone not in politics, they would be hung and quartered.

      • plumber perth July 28, 2013 at 5:26 pm #

        Pity us who have to defend ourselves without this sort of backup. I don’t think its about the money now its how much was Sam Dastyari involved and was the TWU involved and will it be made public.

  7. Karen July 28, 2013 at 12:10 pm #

    What is the legal remedy for this? It would appear that its hard to find judges that will actually administer the law as it was intended.

    • bushbunny July 28, 2013 at 12:31 pm #

      I think Karen, if his lawyer has lied, this is a separate matter to be dealt with. I never liked this arrogant ‘B’. Try to defend Thomson though must be a nightmare, but he has taken the big offensive without much legal reason to give them time to construct more lies and possibly raise more money for his defense. He won’t get legal aid?

    • Leigh July 28, 2013 at 2:54 pm #

      Yes Karen, I have similar questions.
      Shane, who’s responsibility is it to follow up his misleadings of the court and charge him with making a false declaration?
      Does a complaint have to be lodged?
      If so by whom?
      Has Thomson dumped on himself and is he in strife again?
      I do recall earlier this year a report about Thomson storming out of parliament house Canberra ranting and raving about his legal bills not being met.

      • Shane Dowling July 28, 2013 at 3:09 pm #

        The March affidavit where McArdle lied relates to the civil matters by the Fair Work Commission (previously Fair Work Australia) so one might say it is up to them to bring it to the court’s or police’s attention. The Victorian Police could also act on their own accord. It has been reported the Victorian police are keeping a close eye on the trust fund that has been set up for Craig Thomson to pay for his legal expenses.

        Thomson is potentially in trouble again but they are McArdle’s affidavits so Thomson might be able to wriggle his way out of trouble on this one but McArdle cannot.

        I suppose anyone can make a complaint if they want to.

  8. Barrie Macmillan July 28, 2013 at 1:19 pm #

    I agree that trying to represent Thompson over recent times must be a nightmare……but I believe they are all tainted with the same brush. Serves the lawyer right for trusting the Union to pay his bill in the first case. At the end of the day, all rogues and thieves fall out…as I have witnessed many times in my 67 years on this planet! Let’s hope they all really get what’s coming to them…..but there is so much corruption that I really think a lot will be missed.
    Just keep up the great work Shane…you are doing a mighty job mate!!

  9. nottwistedyet July 28, 2013 at 3:37 pm #

    It is certainly very difficult to keep one’s spirit up when all this seems to go on and on and on. Let’s hope. the Police are onto this, although every time I think, now this must be ‘it’, it never seems to eventuate.
    I really hope. somebody till throw the book at this McArdle, his performances on morning TV shows rather show a pitiful little man. His bragging was unbelievable, but then most performances are of those people.

  10. glen July 28, 2013 at 5:21 pm #

    What beats me on this saga is the long time taken by Vic Police to undertake and finish this investigation on Criminal proceedings.
    Surely there is enough evidence from what I have read to proceed or is it that the Courts are tied in too many other cases to proceed.

  11. Concerned Aussie July 28, 2013 at 10:18 pm #

    ha ha ha. and just a few days ago yapoo news did a story about craig thomson’s fundraiser (lunch/dinner?) where only around 30 people turned up out of an expected 200. do you think they left out some pretty important details of how he is REALLY raising funds?

    the main stream media makes me sick. NOTHING they report has any truth or substance. they seem to be very deeply involved in hiding all the criminal activity.

  12. Ken Taylor July 29, 2013 at 12:25 pm #

    Shane,
    I do believe that what you have uncovered here is only the tip of the ice burg. I worked in Corrections for 30 odd years, and it was amazing how many of those well known criminals new and admired some of the Union Boss’s and their underlings the Politicians. Some of the stories could be written of as rubbish, but when the same thing is being said by 2 or 3 different crim’s it gets hard to ignore.
    Keep up the good work and more power to you.
    Ken.T.

  13. ally August 1, 2013 at 3:01 pm #

    Shane
    I assume you have seen this:

    http://www.independentaustralia.net/2013/politics/thomson-fundraiser-does-the-job/

    • Ken Taylor August 2, 2013 at 9:30 am #

      How many Unions had to contribute to this fund raising with out any registration or attendance? I can’t imagine honest workers giving out their hard earned money to pay for this blokes defense freely. Is this part and parcel of the back room deals made to guarantee Thomsons vote in the House? or am I becoming even more cynical in my old age? Shane, keep up the good work and I really believe that a lot more is going to surface shortly with this corrupt mob totally imploding. Obead has already signaled he just may let a cat out of the bag.

    • Paul August 2, 2013 at 4:23 pm #

      I clicked… A terrible insight into just how the indefensible becomes acceptable in the name of partisan politics. Sometimes though it’s necessary to peek over the fence and see just how someone like Thomson still harvests support.

      • nottwistedyet August 2, 2013 at 8:39 pm #

        Paul, i really do not believe that they received that much, unless the ALP paid that $35.000! I can just hear the “humour” of Bob Ellis and McArdle, must have been riveting.
        That Craig Thomson has never told the truth yet, with only 30 people there, no I like to see that one with my own eyes.

      • bushbunny August 3, 2013 at 2:05 pm #

        Maybe Eddie Obied gave them a hand financially, he has done this just to spite the NSW ALP? And ICAC? I must get on to the McArdle site. As Thomson is still a legit pollie, isn’t he supposed to declare any financial donations, Shane?

  14. ally August 2, 2013 at 5:16 pm #

    I have a warm feeling there is soon more to come out about the McArdle of Pitt. Check out his videos on his website about Thomson case. They do absolutely nothing to defend or assist his client. Why anyone would want to hire this guy is beyond me.

  15. anna August 20, 2014 at 9:22 am #

    Hi Shane are you able to tell me please, or do you know, if anyone made a complaint to the NSW Law Society in regards to McArdle and this issue?

  16. anna August 20, 2014 at 11:20 am #

    bummer but thanks :)

  17. Ken.T. August 29, 2014 at 5:33 pm #

    Shane, Good luck with raising the needed funds. I am afraid that is all I can offer at this time. But I will be back when I can get some more funds in. I want to see these creations go down as much as all Australian Loving Free Men and Woman do whose Union has been ripped off by these thieves.

  18. nottwistedyet August 29, 2014 at 8:55 pm #

    Glad you are onto it Shane.

    I can see, nothing has changed!

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