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.
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.
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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