Below is the video that Capilano Honey, Ben McKee and their lawyers are desperately trying to have destroyed to help them win a defamation case against me (Shane Dowling). In the video Ben McKee talks about sex with a staff member to Simon Mulvany, who is an opposing party to Capilano and Ben McKee in a separate defamation case, during settlement negotiations.
The bottom line is that Capilano Honey and their CEO Ben McKee sued Simon Mulvany who was regularly writing about their honey being poisonous. I wrote about the lawsuit and the transcript of what Ben McKee said on the “sex video” and they sued me. Then they tried to have Simon Mulvany destroy the video so I couldn’t prove what Ben McKee said on the video and they could win their defamation case against me. But they left a paper trail of what they have been doing and now Capilano Honey, Ben McKee and their lawyers are in a lot of trouble.
What Ben McKee said in the video is bad but what is a lot worse is the attempt to have the video destroyed to help win the court case as it is an attempt to destroy evidence and pervert the course of justice and I will be making a complaint to the police in the near future.
In the below video Ben McKee was trying to negotiate a settlement with Simon Mulvany and he knew he was being recorded for a documentary, so it was a very off thing to say. There is also another video below of Capilano Honey’s and Ben McKee’s barrister Sandy Dawson threatening Simon Mulvany if he does not delete evidence on his Facebook page and also calling me a dog even though I had nothing to do with their matter.
Ben McKee is one very weird person and blatantly not suitable as a CEO of any company. I understand Capilano have admitted spending $millions of shareholders money trying to close down Simon Mulvany’s and my reporting of their dodgy business practices.
(Click here for a longer version of the video)
Capilano Honey and Ben McKee v Simon Mulvany
The case it still before the court and Capilano Honey and Ben McKee having been dragging the case out as long as they can. It is a typical SLAPP lawsuit which Capilano Honey shareholder Kerry Stokes is famous for.
Capilano Honey and Ben McKee v Shane Dowling
I wrote an article on the 17th of September 2016 titled “Australia’s Capilano Honey admit selling toxic and poisonous honey to consumers” about Capilano suing Simon Mulvany and said:
Capilano Honey are putting the lives of Australians at risk by knowingly selling honey that is full of antibiotics, toxins, irradiated pollen from China and alkaloids. Capilano are also deliberately concealing from consumers the fact that a large percentage of their honey is imported from China, Mexico, Argentina (where they have a factory), Hungary and Brazil.
Capilano, who promote themselves as 100% Australian, are so worried about being exposed they instituted frivolous and vexatious defamation proceedings in February 2016 against whistleblower and consumer activist Simon Mulvany seeking a gag order to try to silence him. Mr Mulvany runs a Facebook page “Save The Bees Australia” and a website called “Bee the Cure” focused on health and safety issues with Honey and the Bee industry.
The court case has backfired badly as Australian and Chinese media have reported on the case and now Capilano are refusing to file their Statement of Claim and will not communicate with Mr Mulvany’s lawyers which means the case will be thrown out because Capilano are failing to prosecute their case. This is in effect an admission by Capilano Honey that what Simon Mulvany has been saying is true and correct. (Click here to read more)
I wrote a follow-up article on 25th of September titled “Channel Seven, Capilano Honey and Addisons Lawyers involved in judicial favors scam“ (Click here to read)
Why would the Kerry Stokes owned and controlled Channel Seven and Capilano Honey use Addisons Lawyers partner Martin O’Conner, who does not specialise in defamation law, to sue 2 bloggers for defamation? Because they are up to their necks in a judicial favours scam with the common link between the three being Kerry Stokes, Ryan Stokes and Addison’s partner Justine Munsie.
Then on October the 6th 2016 I wrote an article titled “Sex tape featuring Capilano Honey CEO Ben McKee covered up by Directors” and I wrote:
There is a sex tape featuring Capilano Honey CEO Ben McKee talking about having anal sex with a female staff member at Capilano Honey. As you can see by the first email below I put questions about the matter to the directors of Capilano Honey and they have so far refused to respond even though it is my understanding at least 2 of the directors have seen the tape. The second email below is from Ben McKee to Simon Mulvany trying to cover-up the sex tape.
What makes it very bizarre is the forum that Ben McKee chose to make the comments. In February 2016 Ben McKee and Capilano Honey instituted frivolous and vexatious defamation proceedings against bee industry whistleblower and consumer activist Simon Mulvany.
In May 2016 Ben McKee was at a meeting with Simon Mulvany to try to conciliate an out of court resolution in relation to the defamation case. Also at the meeting was a documentary filmmaker Alex who is filming a documentary with Mr Mulvany on the bee industry. For some unexplained reason Ben McKee thought that was an appropriate forum to talk about having anal sex with one of the Capilano female employees. (Click here to read)
On the 9th of October I was sued for injurious falsehood and defamation by Capilano Honey and their CEO Ben McKee. I wrote an article titled “Capilano take out super-injunction to silence a 2nd journalist re: poisonous and toxic honey“. (Click here to read more) and I wrote a follow-up article on the 13th of October 2016 titled “Capilano Honey want journalist jailed for exposing their toxic and poisonous honey“. (Click here to read more)
They only sued for the article on the 17th of September “Australia’s Capilano Honey admit selling toxic and poisonous honey to consumers” and the 6th of October “Sex tape featuring Capilano Honey CEO Ben McKee covered up by Directors“. They never sued for the article I wrote on 25th of September titled “Channel Seven, Capilano Honey and Addisons Lawyers involved in judicial favors scam” which I take as admission by them that it is true.
Trying to have Simon Mulvany destroy the video
On June the 3rd 2017 I wrote an article titled “Capilano Honey tried to have recorded evidence of their misogynistic CEO destroyed before court case” and said:
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.
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 Simon 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. (Click here to read more)
The below video is barrister Sandy Dawson SC threatening Simon Mulvany with litigation going on and on & that they will “get him” if he does not settle the defamation case with Capilano Honey & CEO Ben McKee. Sandy Dawson was also desperate for Simon Mulvany to delete a copy of the dodgy Deed of Release that he had uploaded to the internet the night before the phone call. At the beginning of the call you will hear Sandy Dawson call journalist Shane Dowling a dog. Capilano and Ben McKee are also using barrister Sandy Dawson to sue Shane Dowling who publishes this website.
Sandy Dawson obviously has personal issues with me and should not be involved in the court cases against me on behalf of Kerry Stokes, Seven or Capilano Honey and after listening to the phone call with the Simon Mulvany he should quite representing Capilano Honey and Ben McKee totally or they should sack him.
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