Capilano Honey CEO fails to sign affidavit declaring their honey is safe

Capilano Honey CEO Ben McKee has failed to sign an affidavit declaring that the honey Capilano sells under its numerous brands is safe in an application by me to have Capilano’s defamation case against me summarily dismissed. Instead Capilano and Mr McKee have relied on an affidavit from their lawyer Richard Keegan, who has a history of perjury, and is full of hearsay evidence which carries little weight in court.

This is a follow-up post to last weeks articleJustice Lucy McCallum the judge helping Capilano dump their cheap Chinese Honey on Australian consumersand outlines issues to be raised in the court hearing next Thursday (19/4/18) for my application to have Capilano’s and their CEO Ben McKee’s defamation case against me summarily dismissed.

No evidence that the honey is safe – No Capilano Honey employee will sign an affidavit

Capilano Honey have filed no direct evidence that their honey has been tested. It is only hearsay evidence supplied by their lawyer Richard Keegan. Capilano’s CEO Ben McKee and company secretary Annette Zbasnik are both mentioned in Richard Keegan’s affidavit as having spoken to Richard Keegan but neither filed and served an affidavit with any evidence.

It means no employee is prepared to sign an affidavit guaranteeing any claims about the quality of Capilano’s Honey which is disturbing and even more so when the CEO Ben McKee is one of the parties suing me for defamation.

Food and its quality is a huge public interest issue

The origin of food and its quality is a huge global issue and getting bigger as criminals enter the food industry with fake food and/or food of very poor quality trying to pass it off as higher quality food for a higher price. This was highlighted recently with a Netflix show called Rotten which focused on food fraud and also covered honey.

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In November 2016 I emailed questions to the Australian Department of Agriculture and Water Resources (DAWR) asking questions about Capilano Honey and I wrote an article titledCapilano Honey and Choice cover-up of poisonous honey exposed by Federal Governmentthat started off:

The Australian Department of Agriculture and Water Resources (DAWR) has stated that it “is not aware of any herbicide testing of honey undertaken by Capilano” in response to questions that I emailed them. The statement totally discredits the false and misleading media releases that Capilano Honey has issued saying they extensively test their honey and denying allegations that Capilano sells poisonous and toxic honey.

The questions I sent to DAWR in early November 2016 as per the above article and the other articles that I wrote forced Capilano Honey to make the below public statement regarding pesticides and honey which they only did via their website to cover themselves from any possible future legal action such as a consumer class action.

2016 Statement by Capilano Honey

Capilano Call For Reassessment of Neonicotinoid Use

09/11/2016

While Capilano Honey has grown exponentially since 1953 the core values, established by founders J.C. (Tim) Smith MBE and his brother H.A. (Bert) Smith, of quality, innovation, safety and a true ‘hive to home’ experience continue to drive the company to this day.

It is because of these values that we feel dedicated to safeguarding the future of Australia’s bee population. Their welfare is of paramount importance to our daily operations and we are 100% committed to ensuring a sustainable future for honey supply and the 600 Aussie beekeeping families that we support across the country.

As a result, we continue to invest in a range of initiatives to promote bee health, effective biosecurity and to support beekeeper education. All of which will remain an ongoing priority for Capilano Honey.

In the late 1990’s, neonicotinoids came under increasing global scrutiny over their environmental impacts and have been linked to honey bee colony collapse disorder (CCD) in the USA. Subsequently, the European Union (EU) and several non EU countries have restricted or banned their use.

Increasingly, global research has indicated that neonicotinoids may be harmful to the health of honey bees. Capilano is committed to the health and wellbeing of Australia’s honey bees and, as such, does not endorse the use of neonicotinoids.

Following a government industry symposium on the matter, we are now certain that the registrations of neonicotinoids in Australia should be reviewed, reduced or removed entirely.

With this in mind, on the 1st November, 2016 we provided the Australian Pesticides and Veterinary Medicines Authority (APVMA) with a submission detailing some of the concerning scientific findings in relation to bees and their interactions with neonicotinoids in the environment. This submission forms part of the APVMA’s Roadmap for insect pollinator risk assessment in Australia.

While Australian farmers need to be able to manage their crops for maximised returns, the incorrect perception (and marketing) that neonicotinoids are completely harmless may be leading to their inappropriate overuse, particularly as a prophylactic treatment when pests aren’t even present.

We are now calling for extreme caution to be used when considering the use and regulation of neonicotinoids in Australia.

Capilano looks forward to further discussions with the APVMA on this issue on behalf of our beekeepers. In the interim, we will be working closely with The Australian Honey Bee Industry Council (AHBIC) who has commissioned further research on neonicotinoids and we will assist them in any actions resulting from the research findings.

Statement end

I wrote another article not long after Capilano’s public statement titled:Capilano Honey calls for ban on pesticides to stop poisoning bees and honey“.

In 2017 Capilano Honey put out another misleading statement as per below.

2017 Statement by Capilano Honey

In the October 2017 Capilano Honey published another statement on their website and Ben McKee said:

“Capilano Honey is aware of recent research indicating the presence of neonicotinoid pesticides in honey samples taken from across the globe.”

Capilano is pleased to report that there have been no detections of any contaminants, including neonicotinoids or any other pesticide, in our 100% pure Australian honey. (Click here to see the statement on their website)

But Ben McKee makes no such statement in regards to their imported honey from China, Mexico, Argentina and other countries. McKee also doesn’t say what testing Capilano has done just that they have not detected any pesticides. Once again McKee and Capilano are playing smoke and mirrors and taking the reader for being a fool.

Smoke and mirrors

Capilano Honey say all the honey they sell in Australia under the Capilano Honey brand is Australian honey. That is quite possibly true but that is their standard line to any questioning and distorts the facts that Capilano Honey are the biggest Australian importers of foreign honey. Capilano sells tonnes of imported honey from China, Mexico, Argentina, Hungary and Brazil every year to Australian consumers via their other brands such as Allowrie, Smiths, Barnes and Wescobee.

Capilano also export their imported honey using the Capilano brand to countries like the Dubai, UAE and claim it is 100% Australian honey on the front of the bottles but put in fine print that it could be also imported honey. (Click here to read more)

So, when Capilano Honey talk about Capilano Honey being 100% Australian honey it is really a smoke and mirrors game they are playing. I even had to correct their barrister Sandy Dawson in court who lied and said that all Capilano branded honey is Australian honey which is a lie when you count exports.

Below are two videos that Capilano Honey don’t want you to see. There is nothing illegal about them or defamatory but Capilano Honey don’t want the public to know how much honey they import and that their contract beekeepers feed their bees imported irradiated Chinese pollen. Capilano took dodgy court action against Simon Mulvany and got a non-publication order so he can’t publish the below videos but that there’s no court order against me publishing them.

Capilano Honey lockout Simon Mulvany on their open day for Beekeepers – 17th of April 2016 Maryborough Victoria 

“Capilano closed its doors to Save the bees Australia on their open day. Every year Capilano Honey invite beekeepers to meet in Maryborough Victoria, this is a tradition. This year contracted Capilano beekeepers insisted I attend. They warned me I would be appalled by the tonnes of imported honey Capilano hold on this premise. These beekeepers are honourable men and feel insulted that a company from such pure origins has turned into an Importing Mecca.”

The video below is Simon Mulvany showing the tonnes of imported honey at the Capilano factory in 2016.

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Below is another video that was filmed at the open day where Simon Mulvany asks a beekeeper about the Chinese pollen that is fed to the bees.

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The court case as per above is Thursday the 19th of April in the NSW Supreme Court with the matter name Capilano Honey & Ors v Shane Dowling. If you have free time show up and you can see yourself how corrupt the legal system is.

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14 Comments on “Capilano Honey CEO fails to sign affidavit declaring their honey is safe”

  1. bibifromoz April 15, 2018 at 7:45 am #

    Thank you for the clips. I don’t eat ‘fast foods’ and I’m sure not buying suspect honey when I can purchase the pure golden goodness direct from the beekeeper… I would rather eat less than eat polluted or toxic any day. My health is too important, and so is the health of our entire country’s population.

  2. Blackswan April 15, 2018 at 8:16 am #

    Capilano’s “true ‘hive to home’ experience” … yeah, they just don’t mention it’s via a slow boat from China, or across the Pacific from Latin America.

    Capilano touts “the 600 Aussie beekeeping families that we support across the country” who use irradiated Chinese pollen. So much cheaper than trucking hives around the countryside eh?

    Capilano “does not endorse the use of neonicotinoids” but nowhere do they state they do NOT use such contaminated honey in their product.

    “Capilano is pleased to report that there have been no detections of any contaminants, including neonicotinoids or any other pesticide” but they don’t mention that THEY are the only people testing the honey – a bit like Dracula doing his own tests on the blood bank.

    Those 600 unfortunate Australian beekeepers under contract to Capilano are between a rock and a hard place. They are small-business operators with mortgages and families to support and, like any other franchisee, they are obliged to follow the directives given them or be in breach of contract and risk losing everything. So they just close their eyes and get on with the job.

    Australia isn’t the only victim of Chinese/Capilano fraud.

    New Zealand’s highly prized (and high priced) Manuka honey, valued for its high anti-bacterial properties, is being marketed around the world by the Chinese fraudsters who sell their contaminated fake product more cheaply under the Manuka name.

    The Aust/NZ Food Authority (which costs taxpayers MILLIONS) are simply NOT doing their job. They test very little independently and leave the policing of the food industry to the producers themselves … Dracula again, laughing all the way to the bank!

    Self-regulation in any industry is an invitation for unprincipled main-chancers like Kerry Stokes and his ilk to move in and make small fortunes … all at the expense of unwitting consumers who are constantly misled by phoney propaganda and deceptive labelling.

    Whistlebowers such as Shane Dowling and industry insiders like Simon Mulvany are vigorously discredited and dragged through an eminently corruptible legal system till their funds and ability to defend themselves are exhausted.

    Everybody involved wants to hop on that money-making bandwagon and pesky men of principle had better get out of their way – or suffer for it.

    More power to you Shane, and Thank You for seeing this through. We appreciate it.

    • Joe Zidar April 15, 2018 at 9:37 am #

      Blackswan,

      Very well summarised. These BeeKeepers are reliant on their “contracts” with Capilano to survive and probably have done so for generations.

      Everything is about $$$. Having read the above article I did a few quick searches on the importing of Pollen, especially Chinese Pollen. So many concerning issues raised.

      I guess it is a similiar story to Tobacco.
      Everyone was told Tobacco was safe. (50) years on, the Truth is exposed.

      Everyone has a CHOICE to choose what they purchase, but everyone has the RIGHT to be properly INFORMED.

      The cheaper brands target PENSIONERS and those that really stuggle on a week to week basis.

      Certain compainies that are listed on the ASX, put Shareholders and Profits well before their Consumers.

      MSM, are more often gutless to report such matters, as the decision makers are probably linked to the respective company in some shape or form.

      People need to WAKE-UP. Importing certain food or food stocks carries lots of risks and the regulators might search up to (1%) of items imported.

      Certificates of Quality, are vital, but they too can be tampered with. Greed motivaties people to do wrong 🤨

      If a few can support on Thursday, the more the better.

      Joe

  3. Janelise Chaplin April 15, 2018 at 9:54 am #

    More fool Ben McKee and Capilano for pushing you! Your tenacity to go after wrongdoers is legend. I can assure you, neither I nor anyone of my friends or acquaintances has bought Capilano or Allowrie since you first brought this hateful “bugger the people and their health” greed to light,
    As always, go get ‘em Tiger Shane and thank you.
    Most sincerely,
    JanElise

  4. john sheeran April 16, 2018 at 1:19 pm #

    Hello Shane

    What is Thursday about and is it helpful should I come down?

    I did not know if it was a full case or only just a preliminary hearing.

    THANKS and regards

    John

    • Shane Dowling April 16, 2018 at 1:24 pm #

      Hi John
      The hearing is to have Capilano’s case thrown out for want of prosecution which basically means they have been playing delaying tactics and have failed to prosecute the matter. If you have time and it is not far and have an interest you should come and watch. It will be a learning curve for everyone there.

  5. Julian Bowker April 16, 2018 at 2:23 pm #

    Shane, I can only find “Seven Network (Operations) Limited v Shane Dowling” on the 19th – is that the one ?
    https://onlineregistry.lawlink.nsw.gov.au/content/court-lists#/detail/20170011677117391715ReturnofSubpoena/shane%20dowling

    • Shane Dowling April 16, 2018 at 2:26 pm #

      No, that’s 7 playing their games. The Capilano Honey case is not showing so I’ll email them tonight if it’s still not there. But is starts at 10am on Thursday and I’ll update here once a court room has been assigned otherwise check the daily court list on the day.

      • Shane Dowling April 17, 2018 at 5:44 pm #

        I have just been emailed this from the court:

        Dear Mr Dowling,

        Re: the listing of your matter

        Thank you for drawing this matter to my attention. I have made an inquiry as to how to address this issue and will forward the response to you. My understanding is that the matter will appear on the daily court list, which is usually published after 3pm each day (for the following day). We are endeavouring to ascertain what steps can be taken to ensure that the matter also appears on the online court list, which is not controlled by the court. That issue will be addressed when the hearing resumes on Thursday. The other matters raised in your email should be addressed in open court at that hearing.

        Kind regards,

        Nicole Sinclair | Associate to Justice Lucy McCallum | Chambers 10.24

        You can check the court room number for Thursday here after 3pm Wednesday:

        http://www.supremecourt.justice.nsw.gov.au/Pages/sco2_courtlists/sco2_courtlists.aspx

        I don’t buy their story but not much I can do.

      • Shane Dowling April 18, 2018 at 11:59 am #

        I am now told the hearing is in court room 11D at the NSW Supreme Court 10am on Thursday the 19th of April 2018.

  6. Evil thrives when good people do nothing April 18, 2018 at 9:11 am #

    When the innocent are made out to be guilty & the guilty are made out to be innocent-is dispicable in Almighty God’s eyes & dispicable to all the good people like you Shane exposing the truth & while blowing.EVIL thrives when good people do nothing.
    Good luck Shane against the corruptos tomorrow. & thank you so so much for all you do & have done now &in the past to expose all the corruption. If only the general public knew how frigging evil some people are.
    Praying that you win.

  7. D C Inall April 20, 2018 at 9:22 pm #

    At the end of the day….who goes to prison………?

  8. JulesB April 21, 2018 at 8:09 am #

    How did the case go on Thursday ?

    • Shane Dowling April 21, 2018 at 9:17 am #

      Justice Lucy McCallum reserved her judgement and will hand it down at 2pm next Friday – 27/4/18

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