The Kerry Stokes controlled Capilano Honey has tried to have an incriminating tape destroyed for a court case against Kangaroo Court of Australia publisher Shane Dowling.
The attempt to have the evidence destroyed shows up in clause 6 that is named “Dowling material and destruction of recording” in a draft Deed of Release that lawyers working Capilano Honey and their CEO Ben McKee wanted Simon Mulvany to sign (24/5/17) who they are suing for defamation. They have been suing Mr Mulvany since February 2016 for exposing Capilano for selling poisonous and toxic honey.
Capilano Honey and their CEO Ben McKee are also suing me (Shane Dowling) for defamation in relation to two articles I wrote in 2016. (Click here and here to read the articles) They started the defamation case against me in October 2016 and since then have failed to prosecute the case so I am currently attempting to have the matter thrown out for want of prosecution.
Another website has written most of the background:
Capilano Honey and their CEO Ben McKee have been caught out trying to silence whistleblower Simon Mulvany and at the same time trying to destroy a recording which is evidence for another court case. Capilano Honey and Mr McKee attempted this by trying to pressure Simon Mulvany into signing a dodgy Deed of Release which is below.
This led to Mr Mulvany sacking his barrister and representing himself in court.
Capilano Honey is 20% owned by Kerry Stokes who seems to control the company even with such a small shareholding. Mr Stokes has a habit of employing CEO’s who get caught in sex scandals and who also like to destroy evidence. In the current sex scandal involving Seven CEO Tim Worner and former employee Amber Harrison Seven demanded Amber Harrison destroy a mobile phone and delete data from a laptop.
Capilano Honey and their CEO Ben McKee started suing Simon Mulvany in February 2016 because Mr Mulvany wrote a number of posts on his Save the Bees Facebook page about Capilano selling poison honey etc. The legal team used to sue Simon Mulvany are Addisons Lawyers who are Kerry Stokes and Channel Sevens own lawyers.
In September 2016, Shane Dowling who publishes the website “Kangaroo Court of Australia” wrote an article about the Capilano Honey / Simon Mulvany court case titled: “Australia’s Capilano Honey admit selling toxic and poisonous honey to consumers“.
Then in October 2016 an article was published on the Kangaroo Court of Australia website titled “Sex tape featuring Capilano Honey CEO Ben McKee covered up by Directors“.
Capilano Honey and CEO Ben McKee then started legal proceedings against Shane Dowling as well. They took out suppression orders at secret hearings and have dragged their feet since which is standard tactics by Kerry Stokes and his lawyers.
Then in the last week or so Capilano Honey, Ben McKee and Simon Mulvany met in Sydney to try to resolve the matter and failing that to have a court hearing.
Below is the Deed of Release that Capilano Honey and Ben McKee tried to pressure Mr Mulvany into signing. Mr Mulvany’s own barrister Kieran Smark, who is also regularly on Stokes’ and Seven’s payroll, also tried to pressure Mr Mulvany into signing the Deed of Release. This is a major reason why Simon Mulvany sacked his barrister Mr Smark.
The biggest issue with the Deed of Release is section 6 where they wanted Simon Mulvany to destroy the Ben McKee sex tape which Shane Dowling wrote about in October 2016. Their tape would be key evidence in the defamation case Capilano Honey and Ben McKee has instituted against Shane Dowling.
So the bottom line is Capilano Honey, Ben McKee and the lawyers were trying to bully Sîmon Mulvany into perverting the course of justice by destroying evidence.
The most important sections are 6.3 and 6.4 which are below and then the full Deed of Release is below that. They even call section 6 “Dowling material and destruction of recording” which makes it very obvious they wanted the recording destroyed to help their chances of winning in the Shane Dowling defamation case.
6.3 Mulvany will destroy the recording made on or about 26 May 2016 of any conversation between him and Ben McKee (Recording) and any copy of the Recording in his possession.
6.4 Further, Mulvany undertakes that should it:
(a) come to his attention; or
(b) be brought to his attention by Capilano,
that a third party has a copy of the Recording, he will use all reasonable endeavours to cause such recording to be destroyed forthwith, to the extent it is within his power to do so. (Click here to read more and see the full Deed of Release) (Click here of a PDF version of the Deed of Release)
I emailed a number of questions to the Directors of Capilano Honey and they had lawyer Richard Keegan respond who ducked and weaved and ultimately wouldn’t answer the simple question of why he added the “Dowling Clause” to the Deed of Release to have the tape destroyed. (Click here to read the email chain)
Capilano wanted Simon Mulvany to sign the Deed of Release on the 24/5/17. Mr Mulvany sacked his barrister Kieran Smark, who also wanted him to sign the Deed of Release and who regularly works for Kerry Stokes and Channel 7, and published the below article on the 25/5/17.
Billionaire Kerry Stokes is pulling the strings here. Though Ben McKee CEO of Capilano Honey seemed open to negotiations his barrister Sandy Dawson was not. Ben is not giving instructions and has become completely flaccid in negotiations. The deed I received is amazingly complex, obviously drafted well before our “settlement meeting” and if executed would gag me from saying nearly anything about Capilano or Kerry Stokes’ connection to Capilano. More strangely the deed centres around another journalist Shane Dowling from the Kangaroo Court and would require me to give binding assurances that I will not ever mention or share any of Shane’s articles. I have only ever chatted to Shane a few times. He contacted me after I was mentioned in an article relating to Capilano that appeared in the Australian Financial Review.
Shane a professional journalist has given the most honest appraisal of the situation in these articles. Kangaroo Court of Australia
Bizarrely, the complex settlement proposal required me to guarantee I would destroy footage I do not have and have only glimpsed once of a documentary film where Ben McKee and I are discussing food labelling. It also demanded I give assurances for any other any other person who may write on the Savethebeesaustralia page. Other writers have equal rights to me. I will not censor other writers.
How can I sign a settlement deed which gags me and forces me to abandon my beliefs?
I feel like I am amidst a corrupt manipulative boys club. These people are odious. After you read the deed you will see how disturbing the top of the town is.
This all centres around a law firm Kerry Stokes uses – Addison’s. I feel for former channel 7 employee Amber Harrison who is being sued by the same boys club because she unfortunately signed a “deed” so complex and open to interpretation she can barely legally say anything. I have felt the unfair pressure she must have been under the calculated mood changes. They try to make you feel stupid by answering simple questions with aloof answers.
Continue to boycott Capilano brands Allowrie, Wescobee, Sunny Flo, Beeotic, Barnes, Smiths, Chandlers and Woolworths homebrand.
Beechworth honey is Australian if you are at the supermarket.
Mr Mulvany took down his article after threats from Capilano Honey’s lawyers who were obviously trying to cover their tracks.
I’m reliably told that all the Capilano Honey Directors have heard the tape so one has to wonder if the reason the company is trying so hard to have the evidence destroyed is to not only to protect the CEO Ben McKee but also the Directors who have taken no action against Mr McKee.
The Directors of Capilano Honey are in deep trouble and I will obviously tender the Mulvany Deed of Release as part of my evidence of why the court case against me is frivolous and vexatious and should be thrown out.
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