Capilano Honey

Capilano Honey sells polluted and poisonous honey Kerry Stokes’ Channel 7 claims

In the below videos Channel Seven’s Today Tonight program broadcast unchallenged claims that Capilano Honey is selling polluted and poisonous honey. The claims by Channel 7 went unchallenged by Capilano Honey’s lawyers in court on Thursday (19/4/18) and when you watch the videos you can see why. So, it has to be taken as admission that the claims are true otherwise the lawyers would have denied the allegations.

The videos are from 2008 and 2011 but as I pointed out in court on Thursday Capilano Honey provided no evidence that they have taken action to fix the problems exposed in the videos and once again Capilano Honey’s lawyers did not challenge what I said.

The irony of the whole situation is that Kerry Stokes who controls Channel Seven is now Capilano Honey’s largest shareholder originally buying shares in 2014 and he now owns over 19% of Capilano’s shares. So, if the largest shareholder says Capilano Honey is selling polluted and poisonous honey who can argue against it and consumers should take it as a statement of fact.

As regular readers know Capilano Honey are suing me and Save The Bees Australia activist Simon Mulvany for saying no more than what is in  the below videos which are freely available on the Today Tonight website. I was in court on Thursday for my application to have Capilano’s claim dismissed for want of prosecution which basically means it should be dismissed because they are playing the go-slow routine. Failing that I asked for the suppression orders be lifted.

One of the strongest parts of my claim is when I played the below videos. Why should Kerry Stokes’ Channel Seven be able to say that Capilano Honey sell polluted and poisonous honey, but I can’t? The videos are online here and here on the Seven’s Today Tonight website.

2008 video with allegations of Capilano Honey selling polluted and poisonous honey which Capilano’s lawyers did not dispute or provide evidence of rectifying in court on Thursday (19/4/18)


The transcript from the video is below:

We exposed it once before now it’s happened again.

Imported polluted honey poisoning the local industry and putting the public’s health at risk, and once again our authorities are sitting their hands.

Ashley Modra, a third generation bee keeper from Gawler says while he’s struggling to make ends meet, supermarket shelves are being loaded with suspect cheap imports mixed with local product.

“They bring in honey in from overseas, and using Australian honey, blending it, selling it back out the country as Australian honey at times,” says Asley.

And that is where the rot set in four years ago. Our exported honey bearing the Australian name was found to be contaminated with the illegal antibiotic nitrofuran by the Canadians and instantly withdrawn from sale.

Lawyer and former chief food examiner Des Sibraa was alarmed to discover nitrofurens also present in locally sold honey but Australian authorities Food Standards Australia and New Zealand, took no action.

“They should have instigated… selling it,” says Des.

Not only has this left consumers uncertain about the safety of the local product it is also undermining the local industry.

And through no fault of their own the Australian honey producers now find themselves facing oblivion. Lindsay Burke is a beekeeper who heads up the Australian Honeybee Industry Council.

“The Australian Honeybee Industry produces $80m worth of honey a year and beside that we pollinate $4billion worth of Australia’s crops,” explains Lindsay.

But here’s the really disturbing news… Today Tonight has just obtained evidence that yet another illegal antibiotic has shown up in honey tested in June. This time, it’s chloramphenicol which is “reasonably anticipated to be a human carcinogen”

Yet once again our food authorities are unmoved by these finding saying…
“FSANZ does not consider that chloramphenicol residues in honey pose a high risk to public health and safety.”

But the dangers that lurk in our honey jars pose a vastly more sinister threat than most consumers appreciate. There are other contaminants in the imports that have the potential to devastate our entire bee population.

The flow on from the decimation of the industry is as obvious as the lesson about the birds and bees.

“It’s the most important agriculture industry that we have in Australia. Without bees, we wouldn’t have food,” says Lindsay.

Lindsay wants immediate action. Currently only 5% of imported honey is tested for impurities.

“We would like to change that to enable them to completely ban the product from coming here or doing 100% testing. If an importer wants to bring this sort of product into the country, at least they should be paying for it,” he says.

Ashley Modra says he and beekeepers like him don’t have much time to wait.

“Drought and the constant threat of imported diseases, combined with any drop in consumer confidence, might prove to be too much for many in the industry?. it’s real upsetting, but what can you do? The government’s always like, 10 years behind the eight-ball.”

“The only way we can really get ahead is stopping the imports of the honey and make our product go up more. It’s the best, more or less in the world, I’d say. So why isn’t there a future there?”

In September 2016 I published an article titled “Australia’s Capilano Honey admit selling toxic and poisonous honey to consumers” which is what their lawyers in effect admitted in court on Thursday by failing to deny the allegations in the video. Yet Capilano Honey took court action against me in October 2016 in what is known as a SLAPP lawsuit to try to silence me and sued Simon Mulvany in February 2016 for the same reason. (Click here to read the article)

2011 video. It does not directly name Capilano Honey but does reference the previous video which does, and Capilano Honey are Australia’s biggest importer of honey from places like China. Once again their lawyers did not dispute the allegations made in the video and why would they when the same lawyers also represent Kerry Stokes and Channel 7.


Game over for Capilano Honey – If Capilano Honey’s largest shareholder Kerry Stokes’ Channel 7 says the honey they sell is polluted and poisonous then it must be

I only came across the 2 videos this week and Capilano Honey were already in a lot of trouble with their frivolous and vexatious court case against me, but the videos mean it is game over for them and they should withdraw their case summarily.

Their lawyers tried to make out the videos are old and carried no weight in court. But the same polluted and poisonous honey issues raised in the videos are the same issues that Simon Mulvany and myself have raised with Capilano Honey over the last couple of years and Capilano always refuse to answer questions which means they have not done anything to fix the polluted and poisonous honey problems exposed in the videos.

Capilano also had the opportunity to provide answers when we were in court on Thursday but not one staff member from Capilano Honey would sign an affidavit saying their honey was safe and they wouldn’t supply the testing showing the honey was safe. They relied on an affidavit from their lawyer Richard Keegan which was full of hearsay evidence which had no credibility and he was quickly found out for perjuring himself in his affidavit. Capilano’s barrister Sandy Dawson didn’t hesitate to lie from the bar table all day as well.

In the above videos you will hear the people talking about what the government should or shouldn’t do regarding the “polluted and poisonous honey” and that is because food health and safety is a political issue. Even Capilano Honey are now calling on the government to ban certain pesticides because it is poisoning bees and honey which again confirms it is a political issue. Political communication cannot be legally silenced as per the High Court 1997 judgement Lange v ABC. So why has the NSW Supreme Court tried to silence myself and Simon Mulvany? Judicial bribery is the only answer.

Justice Lucy McCallum reserved her decision to throw out Capilano’s case and/or lift the suppression orders and will hand down her judgment at 2pm on Friday the 27th of April 2018. McCallum could hand down a dodgy judgment in Capilano’s favour and she has form on the board to do that but it won’t save Capilano Honey and will only embarrass herself and the court.

A big thank you to Anthony and his son, John and Joe Zidar for showing up at court on Thursday and showing your support.

Fighting battles against the likes of Capilano Honey and Kerry Stokes costs a lot, time wise and financially, so please read below and donate.

Update: Judgment has been delayed in the application to have the Capilano Honey & Ben McKee v Shane Dowling matter summarily dismissed. Judgement will now be at 2pm Friday 4th May

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22 replies »

  1. With most of our politicians also lawyers it is no wonder that they cover up for each other. And, of course, who appoints the judges? The same people!

    • Exactly. Lawyers become judges and unquestionably favour their peers. They also have political leaning. In some cases (as in NSW) a judge is an ex politician!

  2. Proof rises to the surface on a daily basis that Australia has the biggest revolving door courts system in the world and it is situated on a see-saw.
    Keep up with the good work Shane.

  3. How ironic that a cretin like Stokes should be so neatly hoisted on his own petard!

    Great work Shane.

    The fact that his own network exposed the corruption in the industry long before he decided to take a cut of the dirty money to be made, shows what a main-chancer he really is.

    As for Justice Lucy needing a week to decide on the ‘obvious’ just shows that she’s needing time to ‘negotiate’ the best deal she can for herself … after all, it must be hard for a gal to send such a good cash cow off to the boneyard. Get over it Madam, you and your legal jackals have already picked those bones clean!

    Good luck Shane … we are watching with interest.

  4. Judicial integrity is paramount in any case. The biggest problem is that the ordinary people do not know what goes on behind the scenes even before the matter is heard. The delaying tactics appears to be a very common practice when the big names are involved to give them a chance to reduce the impact when the truth is going to hit them hard.
    In this case if there was a deliberate delaying tactic used to prolong the matter then it will be exposed badly one day is my view.

    I have seen and experienced first hand the delaying tactics to wear me down in the former NSW ADT and the NSW registry of the AAT. The flawed, dishonest and outright corrupt decision were made to dismiss my cases.

    If the honey we buy is not safe to consume and the good and the bad honey is mixed up to reduce the contamination and that is already known to many people then how does it get sold without questions being asked?

    I really want more people in our country to stand up and denounce judicial dishonesty when they see it first hand. The judicial appointments also should be taken away from the government.

    I hope the many concerned people are watching this case closely.

  5. Looks obvious that Kerry Stones blackmailed his way into buying into Capilano. Seems weird his own TV Station would run a bad story on a dodgy business and he later buy into it……and probably cheaper then before

  6. Business Rule No 1. Do everything to force down the share price of a profitable business, then buy back in and when the shares recover you have made a mozza!

    • Certainly looking forward to seeing what judgement is made. Based on the evidence that I have seen, this certainly has (SLAPP) written all over it.

      Further, the recent video footage certainly makes a mockery out of the entire legal proceedings.

      My first thought knowing what I know now, is that it certainly does seem that KS knew of the issues of IMPORTING of Honey and Pollens, tactfully brought down the SharePrice and then CASHED in.

      The look on the faces of Capilanos legal team when the videos were played was UTTER disbelief. I haven’t laughed so hard (internally) for a very long time 🤪

      KS, purchased his shares for less than $6. If you look at the ASX charts, I think most would scratch their heads to see the EBB’s and FLOW’s 🤔

      Let’s HOPE that Justice prevails for all this coming Friday 👍

      P.S, Vasant, having worked at AP for several years, I certainly can relate to what one would call “employment injustices…”

      Will read your (3) DECISIONS over the next week 🤓

  7. It is very much another case of “Plunder where the rule of law is illegal”. The actions by Capalano and its share holders, including Kerry Stokes damage Australian owned business by driving down the price of Australian produced honey. They also damage the brand name overseas and in the local market. The major Supermarkets buy Capalano Honey knowing it is contaminated and can hurt the health of their customers. All the time the regulators look on and do diddly squat. The perpetrators of this evil crime then get to sue for deformation in a court and the court actually accepts the case knowing full well that the defendants do not have access to a bottomless pit of money even though the regulators should have already acted. Looks very much like a Mafia cartel. Good on you Anthony and his son, John and Joe Zidar for being at the court. The more people that show up from the public the better, they hate that and they will change the venue to a smaller court if enough people turn up. Which shows the courts are colluding with the crooks.

    • Pls advise name of case and supreme court room the decision will be handed down on Friday 27th to assist interested parties to attend

      • I will update here when I know the court room or you can check on the board when you arrive or on the daily court lists on their website the night before.

      • Judgment has been delayed in the application to have the Capilano Honey & Ben McKee v Shane Dowling matter summarily dismissed. Judgement will now be at 2pm Friday 4th May.

  8. I decided to check if the videos were still accessible and they are. Considering KS ran these on Today Tonight, during Prime Time and the fact that one of the episodes contains Capilano references, I would be gobsmacked if these proceedings are continued with…

    • Obviously after searching through their libraries they have not been able to discover a legal reason as to why they should not have summarily dismissed the case and have now referred it to the dungeon keeper who will conduct a further search. If the dungeon keeper cannot find a reason then they will have to go to the catacomb guards. When that does not work they will try to find an ancient magician. All very expensive and time consuming. The longer they take to make the decision the greater the collusion. Whilst this legal rigmarole continues the bees are exposed to danger, the health of Australian honey eaters is jeopardised and the lawyers make a fist full of dollars.

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