The Trade Union Royal Commission sharpened its teeth on Friday (28/11/14) with an explosive new affidavit tendered that would have to be the final nail in the career of Bill Shorten’s friend Kimberley Kitching. The affidavit further supports allegations of criminal conduct by Ms Kitching and has the potential to start an internal war at the Labor Party and/or the Health Services Union (HSU).

The affidavit is from Craig McGregor (Click her to read) who is the Secretary of the HSU Victorian Number 3 Branch. Labor Party members Ms Kitching and her husband Andrew Landeryou are well known for being despised in the Labor Party but it is now clear they are also despised by at least some if not many in the HSU management. It is one thing to come under attack from outsiders but when their own people start attacking it gives the attacks a higher level of credibility.

Most criminals keep a low profile but Ms Kitching, with the aid of her husband Andrew Landeryou, do the best they can to advertise what they are up to. (Click here to read previous posts on this website about them and their criminal history)

Add McGregor’s affidavit to the extremely damaging original submissions and submissions in reply this week by the RC’s barrister Jeremy Stoljar and it is all over bar the shouting for Ms Kitching.

Kitching would be in either state or federal parliament if she was not married to her loony husband Andrew Landeryou. He is very much the Grim Reaper of the Labor Party as he has destroyed his wife’s political career and is playing a part in helping to destroy Bill Shorten’s career.

A lot of the unions and individuals are claiming at the RC that there is no evidence of their corruption. Well let’s have a look at the evidence against Kimberley Kitching. Jeremy Stoljar recommended criminal charges against Kimberley Kitching in his original submissions for illegally doing other peoples government accredited tests which are called Right of Entry Permit tests (ROE).

Stoljar who is counsel assisting the Royal Commission published his submissions a few weeks ago including the submissions relevant to the HSU and Kitching (Click here to read) and the HSU and Kitching responded (Click here to read) and Mr Stoljar has responded as per below.

When Kimberley Kitching replied to the original submissions by Jeremy Stoljar all she did was dig a bigger hole for herself as she was caught out lying again as below shows.

Below is an extract from Mr Stoljars’s response to the HSU (Click here to read his full response) It’s is always interesting to watch a good barrister carve up the evidence and highlight the lies as Stoljar does with Kitching.

MS KIMBERLEY KITCHING

Pages 133 – 137

40. The Submissions made on behalf of Ms Kitching contend that Ms Kitching’s evidence of substantial periods of time out of the No.1 Branch office in South Melbourne on 15 February 2013 support a finding that it was improbable that she had the opportunity to complete the organisers’ right of entry tests.
41. That does not necessarily follow. As set out below, the records provided by Ms Kitching do not lead inevitably to the conclusion that she could not have been the person who sat the organisers’ right of entry tests on 15 February 2013.

SUBMISSIONS IN REPLY OF COUNSEL ASSISTING

Facts

1. The ACTU records provide that the organisers’ right of entry tests were opened, attempted, completed and the corresponding Certificate of Completion were viewed within the following timeframes on 15 February 2013:
2. Mr Lee Atkinson’s right of entry online test was opened at 9.02am (10.02am AEDT) and concluded at 9.21am (10.21am AEDT);
3. Ms Jayne Govan’s right of entry online test was opened at 9.22am (10.22am AEDT) and concluded at 9.35am (10.35am AEDT);
4. Mr Robert McCubbin’s right of entry online test was opened at 1.55pm (2.55pm AEDT) and concluded at 2.00pm (3.00pm AEDT);
5. Mr Dean Sherriff’s right of entry online test was opened at 2.10pm (3.10pm AEDT) and concluded at 2.13pm (3.13pm AEDT);
6. Mr Sasha Trajcevski-Uzunov’s right of entry online test was opened at 2.54pm (3.54pm AEDT) and concluded at 2.58pm (3.58pm AEDT); and
7. Mr Nick Katsis’ right of entry online test was opened at 2.59pm (3.59pm AEDT) and concluded at 3.02pm (4.02pm AEDT).
8. There is also evidence that the organisers forwarded their login details to Ms Kitching which would have enabled her to sit the test for them. It would be difficult to conceive of a reason for this conduct, other than for the reason of enabling Ms Kitching or someone organised by Ms Kitching to sit those organisers’ right of entry tests on their behalf. There has been no other explanation proffered by Ms Kitching or the HWU for each organiser providing these details to Ms Kitching.
9. On 8 February 2013 at 10.57am, Mr Atkinson forwarded his enrolment confirmation details including his username and password for the ACTU online right of entry training course to Ms Kitching.
10. On 13 February 2013 at 4.16pm, Ms Govan forwarded her enrolment confirmation details including her username and password for the ACTU online right of entry training course to Ms Kitching.
11. On 11 February 2013 at 8.49pm, Ms Sandra Porter on behalf of Mr McCubbin forwarded Mr McCubbin’s enrolment confirmation details including his username and password for the ACTU online right of entry training course to Ms Kitching.
12. On 15 February 2013 at 2.57pm, Mr Dean Sherriff forwarded his enrolment confirmation details including his username and password for the ACTU online right of entry training course to Ms Kitching.
13. On 6 February 2013 at 3.14pm, Mr Trajcevski-Uzunov forwarded his enrolment confirmation details including his username and password for the ACTU online right of entry training course to Ms Kitching.

SUBMISSIONS IN REPLY OF COUNSEL ASSISTING

Ms Kitching’s evidence

3. Ms Kitching deposed that she was at the No.1 Branch office at Park Street, South Melbourne for part of the morning and part of the afternoon on 15 February 2013.
4. Ms Kitching deposed that she had seen a City Link toll account which suggested she was driving to work over the Bolte Bridge at 7.54am on 15 February 2013.
5. Ms Kitching deposed that she went to a café in South Melbourne where she made some telephone calls before going to the No.1 Branch office. Ms Kitching was not able to provide any supporting telephone records.
6. Ms Kitching deposed that after she left the café she made a cash withdrawal at an ATM in South Melbourne at 9.42am. Ms Kitching produced an ATM receipt showing that a withdrawal was made at 9.41am. The ATM is located on 277 Clarendon Street on the corner of Dorcas Street, South Melbourne. This ATM is approximately 350 metres from the No.1 Branch office at Park Street, South Melbourne. Given that the first organisers’ test (Mr Atkinson’s right of entry test) was started at 10.02am that day, Ms Kitching’s evidence of the time she crossed the Bolte Bridge and the time of the ATM withdrawal are not in any way inconsistent with her having also sat Mr Atkinson’s test for him.
7. Ms Kitching deposed that she had a telephone conversation about an issue at Barwon Health with Mr Atkinson at 10.08am which lasted for more than nine minutes. Ms Kitching produced the Telstra telephone records for the No. 1 Branch which show that a telephone call was made from Mr Atkinson’s mobile at 10.08am on 15 February 2013 which lasted for 9.05 minutes. Mr Atkinson deposed that he possibly could have called Ms Kitching on 15 February 2013 at 10.08am. It is possible that Mr Atkinson spoke with Ms Kitching as she was completing his right of entry test. Mr Atkinson’s telephoning Ms Kitching at this time does not mean she was not able to complete his right of entry test.
8. Ms Kitching deposed that after speaking to Mr Atkinson she made some telephone calls to representatives of Barwon Health and that she was on the telephone until around 10.30am. Ms Kitching has not produced any documentary evidence in support of this version of events.
9. Ms Kitching deposed that she was at the No.1 Branch from around 10am to 1.30pm. Ms Kitching produced an email she sent to an external service provider at 12.55pm on 15 February 2013.
10. Ms Kitching deposed that she left the office at around 1.30pm to purchase a gift for her mother and that her bank statements show that she purchased the gift at 1.54pm. The Commission has not received any documentary evidence demonstrating that this occurred. In any event, that purchase is also not inconsistent with Ms Kitching also undertaking the right of entry tests as none was being completed (when the timing is adjusted for daylight savings time) at the time of the transaction or even close to that time.
11. Ms Kitching deposed that she received a text message at 1.35pm on 15 February 2013 from Ms Kerry Georgiev, the finance manager of the No.1 Branch, asking her to purchase milk for the office. Ms Kitching deposed that she remembers being out of the office at the time she received the text message. A copy of this text message has been provided to the Commission. Ms Kitching purchased milk at 1.57pm and has produced a receipt to the Commission recording this purchase. Again, that purchase is not inconsistent with Ms Kitching also undertaking the right of entry tests as none was being completed (when the timing is adjusted for daylight savings time) at the time of the transaction or even close to that time.
12. Ms Kitching deposed that she arrived at the European Restaurant on Spring Street, Melbourne around 2.15pm on 15 February 2013 for lunch with her husband, Andrew Landeryou, and a friend, Clinton Carey, and that she stayed at the restaurant for about an hour and a half. Ms Kitching has not produced any documentary evidence concerning this lunch. It is submitted that whatever lunch break Ms Kitching had, she was back in the office by just before 3pm in time to sit Mr McCubbin’s right of entry test at 2.55pm (AEDT) and Mr Sherriff’s right of entry test at 3.10pm (AEDT).
13. Ms Kitching said she received an email from Mr Sherriff at 2.57pm on 15 February 2013 but has not seen a record of her responding to the email. Ms Kitching deposed that this would have been because she was out of the office. Alternatively, it may be because she was busy completing Mr McCubbin’s and then Mr Trajcevski-Uzunov’s and Mr Katsis’ right of entry tests in quick succession and Mr Sherriff’s email did not warrant an urgent response or attention.
14. To the evidence against Ms Kitching (and the deficiencies in the documents produced and her explanations) should be added the evidence which is set out above in relation to Mr Katsis and Mr Trajcevski-Uzunov. Ms Lee has given evidence she did not do these organisers’ tests which Ms Kitching is alleged to have done. Indeed Ms Lee’s unchallenged evidence was that she was out of the country – on annual leave in Hong Kong – on 15 February 2013 when the tests were done. Further, a number of organisers have all deposed to hearing that Ms Kitching sat the right of entry tests on behalf of those other organisers (or, in the case of Ms Govan and Mr McCubbin, themselves); and the documentary evidence is overwhelmingly against the possibility that any of these organisers sat their own tests.

End

Notice the time that it took Kitching to do the tests. She kept on getting quicker until she was doing a test in 3 minutes which made it so obvious there was cheating going on.

Craig McGregor in his affidavit says that Kimberley Kitching said to him in early 2013 “Did another one. Got 100% again.” and that Ms Kitching was boasting in her tone. Mr McGregor says he “understood her to be referring to the tests for right of entry permits”. (Click here to read the affidavit)

There is now a line-up of people who under oath have said that Kitching did the tests which puts Kitching in serious trouble and possibly facing numerous criminal charges.

Dumb and Dumber

Very few criminals use social media to attract attention to themselves and their crimes. But that is what Andrew Landeryou does as he loves attention and is all over Twitter with multiple accounts. True to form Landeryou has had a couple of his accounts suspended in the last week or so for being the grub he is. But it is his wife who will be going to jail not him.

Lately Mr Landeryou has even been using Twitter to attack and belittle Jeremy Stoljar. That is about as stupid as it gets given Mr Stoljar is the one investigating his wife. But Landeryou has form for this type of thing. In 2005 when he was being investigated for fraud and theft of $millions from another union Landeryou threatened the liquidator. (Click here to read more) I am sure it won’t be long before Craig McGregor receives a threat or two from Landeryou.

If Kimberley Kitching does end up in jail she will not have far to go to find the person to blame as he lives in the same house.  

From here we await the Interim Report that Commissioner Heydon will deliver on December 15th to be made public. It will be interesting to see if the new Victorian Premier Daniel Andrews gives Kitching and Landeryou cushy jobs.

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