Capilano Honey want whistleblower Simon Mulvany jailed for exposing their polluted and poisonous honey

One of Australia’s grubbiest corporate companies, the Kerry Stokes controlled Capilano Honey, who sell “polluted and poisonous honey” have instituted contempt proceedings against Simon Mulvany from Save The Bees Australia. Capilano Honey’s barrister Sandy Dawson made it clear that a jail sentence for Simon Mulvany was what Capilano Honey wanted and Justice Lucy McCallum jumped on board in trying to intimidate Mr Mulvany.

What makes the whole matter so perverse and obviously corrupted is that Simon Mulvany is accused of doing no more than what Channel Seven have done in a number of stories outing Capilano Honey for selling “polluted and poisonous honey” which included having their honey being banned for sale in Canada.

To make matters even more scandalous Kerry Stokes is the major shareholder of both Channel Seven and Capilano Honey and they use the same lawyers who do not refute or challenge the allegations in the Seven stories. Nor have their lawyers provided any evidence showing that they are no longer selling poisonous and polluted honey and have fixed the pollution and poisonous honey issues raised in the Seven stories even though they have had years to do so and were put on notice weeks ago that the Seven stories are now evidence in the matters. So how can they charge Simon Mulvany for warning the public about the same issues Seven has.

Capilano Honey refuse to hand over subpoenaed documents they claim show their Honey is safe for consumption

Capilano Honey had their lawyer Richard Keegan file an affidavit in his own name claiming there are documents showing the testing they do which they claim proves Capilano’s honey is safe for consumption. But they failed to produce the documents in the affidavit which itself is extremely suspicious.

So, Simon Mulvany subpoenaed the documents (Click here to see the subpoena) and in court on Friday he asked about it. Capilano Honey’s lawyer Richard Keegan said they had complied with the subpoena and there was nothing to produce. Which means that the documents that Richard Keegan said in his affidavit that showed the honey Capilano Honey sell is safe do not exist which also means that Richard Keegan perjured himself.

As I wrote a couple of weeks ago no Capilano Honey employee will sign an affidavit saying their honey is safe is the defamation case against me. Only their external lawyer Richard Keegan will which seems to be the same in their defamation case against Simon Mulvany. So, I would expect that when I subpoena the documents that Richard Keegan claims they have showing that the Capilano Honey is safe for human consumption that they will again produce nothing and that will be another perjured affidavit by Richard Keegan.

How cold and callous are Capilano Honey, Kerry Stokes, barrister Sandy Dawson and Justice Lucy McCallum

I was stitched-up for 4 months jail last year for breaching a suppression order which the proceedings were instituted and paid for by Kerry Stokes on behalf of 2 of his Channel 7 staff members and Dawson and McCallum played roles. So, when Simon Mulvany is being threatened with jail it is no joking matter. But it is one thing to stitch me up for jail but another level of lowness in Simon Mulvany’s case as he is the sole carer for his 8-year-old son since his mother passed away about 18 months ago. Capilano Honey management, their CEO Ben McKee, Kerry Stokes, Sandy Dawson and Justice McCallum are all well aware of Simon Mulvany’s situation, but they don’t care because as far as they are concerned the corporate dollar rules and individual people don’t matter.

Simon Mulvany and his son with all the legal documents from Addisons Lawyers

Charging Simon Mulvany with contempt as a strategy to stop the matter being transferred

Capilano Honey and their CEO Ben McKee are suing Simon Mulvany for what is basically defamation and the contempt proceedings were a strategic move in trying to stop the matter being transferred Melbourne. The matter was listed for hearing in the NSW Supreme Court on Friday the 4th to hear Simon Mulvany’s application to have the matter transferred from Sydney to Melbourne. Only a matter of hours before the matter was due to be heard Capilano’s lawyers emailed Mr Mulvany the paperwork for their contempt application which Mr Mulvany only knew about less than an hour before the hearing.

Capilano Honey’s barrister Sandy Dawson argued that because there was now also a contempt proceeding against Simon Mulvany then the defamation matter can’t be transferred to Melbourne because the contempt proceedings are for Mr Mulvany breaching court orders of a NSW judge which they say should be heard in NSW.

Even Justice Lucy McCallum raised the fact that the timing of the contempt proceedings made it obvious that it was timed to stop the defamation matter being transferred to Melbourne. And that Capilano Honey had not even served Simon Mulvany as the email copy of the document they sent him does not count and they had an obligation to serve him a hard copy which they had not. On that basis Justice McCallum should have ignored it as it was a blatant abuse of process and at the very least transferred the defamation matter to Melbourne. But as regular readers know Justice Lucy McCallum isn’t an honest and fair judge. And that’s the reason why Capilano are desperate to keep the matter in Sydney as they know that Justice Lucy McCallum is in their hip-pocket. (Click here and here to read more about Justice McCallum)

Below is the 2008 Channel 7 Today Today 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) Also Capilano Honey was banned in Canada. 

.

(Click here to watch another 2011 Channel 7 Today Tonight video on poisonous honey in Australia)

Political Communication

During the Capilano Honey & Ben McKee v Simon Mulvany hearing on Friday Justice Lucy McCallum pointed to me in the court and said to Simon Mulvany words to the effect “Shane Dowling who is sitting in the court did 4 months jail last year for breaching a suppression order” implying Simon Mulvany could do the same.

Instead of threatening Simon Mulvany for the contempt matter which had not even been served properly at that point and without the required supporting affidavit Justice McCallum should have dismissed it as a joke given it is invalid anyhow as what Simon Mulvany has been saying is political communication.

Any law that infringes on a person’s right to political communication is invalid which would include suppression orders and contempt laws as Justice Lucy McCallum would be well aware. McCallum is the defamation list judge and knows the relevant precedents such as the High Court judgement Lange v ABC as we had this discussion in court a few weeks ago. McCallum has a lot of explaining to do as to why she is even entertaining the contempt matter as a reason to keep the defamation matter in Sydney.

Capilano Honey cry poor – They can’t afford $20,000 to go to Melbourne says barrister Sandy Dawson

One of Capilano Honey’s arguments on Friday as to why the matter should not be transferred to Melbourne is because it would cost them $20,000 to fly their lawyers down for the hearing. Capilano Honey are a company worth $150 million and make $millions profit every year and can’t afford $20,000 for their lawyers to fly to Melbourne according to their barrister Sandy Dawson. But Simon Mulvany lives in Victoria and is a single father on a very small income and Sandy Dawson says he can crowdfund to come to Sydney. Mr Mulvany has crowdfunded before but has spent the money he raised on a lawyer who he can no longer afford to pay so he had to represent himself last Friday.

Capilano Honey’s whole argument is disgraceful and now there are two matters, the defamation and the contempt, it would be almost financially impossible for Simon Mulvany to come to Sydney and pay a lawyer. Whereas if it’s transferred to Melbourne Mr Mulvany’s costs would be a lot lower and he would have a better chance of getting a lawyer to represent him pro bono.

Justice Lucy McCallum is trashing her own reputation because the whole case against Simon Mulvany and also against myself are becoming more scandalous by the day and she’s the one aiding and abetting it. Capilano Honey’s desperate act of charging Simon Mulvany with contempt will backfire and go down in history as one of the dumbest legal moves ever as time will prove.

Admin: Once again on Friday Justice McCallum said the judgment has been delayed because she was sick in the application to have the Capilano Honey & Ben McKee v Shane Dowling matter summarily dismissed. No new time has been set but hopefully in a week or two.

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12 Comments on “Capilano Honey want whistleblower Simon Mulvany jailed for exposing their polluted and poisonous honey”

  1. Kenneth-Clyde Ivory May 5, 2018 at 11:27 pm #

    Based on what you have well detailed it raises a question in my layman mind, are the lawyers self acting without an actual Capilano Honey Board duly authorized client?

    Where is the Capilano Honey Board of Director’s duly executed majority vote board resolution to be capable of legally authorizing for the law firm involved to instigate and pursue that perhaps frivolous & vexatious legal action in the name of Capilano Honey?

  2. obviousbob May 6, 2018 at 12:35 am #

    It is illegal for a judge or magistrate to practice lw from the Bench, i.e.: they cannot prosecute whilst sitting on the Bench.

    Gary

  3. Andy V May 6, 2018 at 8:23 am #

    Is McCallum the only judge that can hear the case in NSW. I dont understand how the judges are picked.

  4. Bill Grassick May 6, 2018 at 11:42 am #

    Obviously we are well overdue for a Roya Commission into the legal system in NSW and the behaviour of our courts and officials. Where are our politicians (paid by us!) when it comes to matters involving their legal mates?

  5. Stuart Ridkin May 6, 2018 at 7:12 pm #

    I stopped using Capilano Honey years ago when it became known to me that their product is tainted.
    I only buy local produced honey now.
    Good luck against these corporate thieves!

  6. Ned, May 6, 2018 at 7:29 pm #

    I am rather concerned of at least on one aspect of this matter in regard to the Mulvaney case.
    I take it that Mr Mulvany was not represented,
    There are certain customs in such a situation.
    For example, decades ago a crown prosecutor, even if addressing (once frowned upon at least by the bench) a jury would take heed.
    I refer report above under POLITICAL COMMUNICATION.
    It is reported that Her Honour pointed to Mr Dowling, a member of the public not party to this particular case and commented: (paraphrasing from the report)
    “Shane Dowling who is sitting in this court did four months jail (sic) for breaching a suppression order”.
    As a lawyer for almost 45 years plus I have never heard of a Judge making such a comment……………..which could be regarded as possibly intimidating a unrepresented litigant.
    I am aghast!!!
    I strongly suggest that Mr Mulvany seek legal advice in regard to the implications and that he be so informed by someone as to the possibilities.

  7. Curious May 6, 2018 at 9:14 pm #

    Does the court get the fact, the most important fact that honey been eaten by consumers from Capilano is poisonous.

  8. Penelope Smith May 7, 2018 at 2:16 am #

    Just recently stopped buying this toxic substanceand now have been very successful in getting others to do same.

  9. logbags May 8, 2018 at 2:42 pm #

    There needs to be laws against SLAPP lawsuits or vexatious defamation cases. Look at what is happening here and it is clear these cases are designed for two reasons, first to shut up whistle-blowers and second to make them suffer financially through legal costs.

    This is exactly what is going on in America with this “Russian Collusion” case. A number of people who have been dragged into it have faced serious financial losses and are often forced to plead guilty or accept a deal just to avoid the huge legal costs of defending themselves.

    It also leaves people vulnerable to manipulation where they are offered ‘incentives’ to give evidence or make dubious claims against others. Once accused, your reputation can be permanently damaged by scurrilous accusations by people just out to shut you up or stop you telling the truth. This website only confirms this.

  10. Sam the man May 8, 2018 at 3:25 pm #

    Where are the honest Barristers or lawyers who believe in the” letter of the law” & not the almighty dollar to take up Mr Mulvany’s defence pro bono. Are there any honest Judges, or legal defence lawyers to “take up the cudgel” and fight this injustice.
    And we all thought we lived in the best country in the world. Dream on ! Our judicial system is so fractured in favour of those who can pay or who can afford the with all to corrupt the the law makers, judges ,etc.

  11. valda purvis May 10, 2018 at 10:04 pm #

    Why is their honey still being sold in the stores? I used to buy it ,never will again ,can’t trust liars.

  12. Marts Liena May 22, 2018 at 3:27 pm #

    Obviously a rather complicated issue which can be simplified down to bad corporate governance within Capilano, a biased justice system in Australia, and activists being denied free speech. The truth eventually finds its way to the surface, even if it is buried by a ton of money. What individuals reading Shane’s blog can do is use their preferred social media to expose what is happening. A clean up of the honey industry is in the interest of apiarists throughout Australia, if imported toxic honey is giving their industry a bad name.

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