On Friday (8/3/19) I filed criminal contempt proceedings against Capilano Honey, their CEO Ben McKee and their barristers and lawyers for attempting to interfere with a witness, attempting to destroy evidence and attempting to pervert the course of justice in their poisonous and toxic honey defamation and injurious falsehood proceedings against me.
Capilano’s and McKee’s lawyers include barristers Sandy Dawson SC and Monique Cowden and lawyers Richard Keegan, Martin O’Connor and Alexander Latu and they are all individually named as respondents and face possible jail time.
In February 2016 Capilano honey and their CEO Ben McKee instituted defamation and injurious falsehood proceedings against beekeeper Simon Mulvany for posts he had published on his Facebook page “Save the bees Australia“. In September 2016 I published an article titled “Australia’s Capilano Honey admit selling toxic and poisonous honey to consumers“ about them suing Mr Mulvany.
The article went viral here and overseas. I then published an article involving Capilano Honey’s CEO Ben McKee and a sex tape. Capilano Honey and Ben McKee then sued me for defamation and injurious false on the 7th of October 2016 at an ex parte hearing (they never told me about it until afterwards) and were granted a super-injunction and wide-ranging suppression orders by Justice Peter Hall who is now the Chief Commissioner at ICAC.
I didn’t take down the articles as ordered as it was a health and safety issue of public importance and the suppression orders were dodgy.
At another ex parte hearing (I couldn’t make it on such short notice and they refused to change the date) on the 10th of October 2016 Justice David Davies continued the orders and at the request of Capilano’s barrister Sandy Dawson SC referred my breach of the super-injunction and court suppression orders to the Registrar for them to start contempt proceedings. The Crown Solicitors Office advised me on the 18/2/19 that they will not be instituting contempt proceedings against me. They waited 2 1/2 years to tell me.
Capilano Honey wanted me jailed for warning people about the health and safety danger of them selling fake honey and poisonous and toxic honey. The fake honey was proven by the testing that a food company did last year and the poisonous and toxic honey is proven at this pont as Capilano have refused for over 2 1/2 years to provide the court with their testing which they have to do to make out their injurious falsehood case.
An injurious falsehood lawsuit is basically where a company sues for defamation. But the difference is the company has to prove in court what you said was false, that they lost money because of what you said and that you acted with malice. In Capilano’s case they have to prove that their honey is not poisonous and toxic and the only way they can do that is provide the testing they have done which they are refusing to do. Why are they refusing to provide the court with the testing of their honey? The only answer is that their tests show there is poison in their honey and it is toxic.
After an application by me in 2017 the super-injunction and suppression orders were lifted last year (June 2018) and Capilano Honey appealed and lost badly (October 2018). In a unanimous decision the Court of Appeal found that Capilano Honey had no evidence to support their claims and suppression orders. The court in effect found that Capilano’s and McKee’s barrister and lawyers had lied and deceived the court like no tomorrow in October 2016 when they got the suppression orders. The judgment also found there was no justification whatsoever for the ex parte hearings where I was denied natural justice not once but twice. The judgment said the suppression orders had “an unjustifiable chilling effect on freedom of speech“.
The bottom line is that Capilano Honey, their CEO Ben McKee and their lawyers have lied and deceived the court, the public and threatened me and Simon Mulvany with jail numerous times over the last 2 1/2 years trying to deceive the public from what they are really up too and that is food fraud on a massive scale. And now we know that not only is Kerry Stokes and his son Ryan Stokes up to their necks in food fraud as they are major shareholders (I understand they own about 25% of Capilano), but with last years takeover of Capilano, so too are the new shareholders and one of those is Albert Tse who is the son-in-law of former Prime Minister Kevin Rudd.
Below are the court orders I am seeking, the statement of charge and a link to the affidavit with the evidence supporting the charges.
The court orders I am seeking:
- A declaration that the plaintiffs and respondents are in contempt of court for attempting to destroy evidence.
- A declaration that the plaintiffs and respondents are in contempt of court for attempting to pervert the course of justice.
- A declaration that the plaintiffs and respondents are in contempt of court for trying to interfere with a witness.
- A declaration that Richard Keegan is in contempt of court for breaching the solicitors rules and making a knowingly false statement to the other party.
- The court orders Capilano Honey to file and serve their evidence for their Injurious Falsehood claim within 5 working days as they have avoided doing it for over 2 ½ years.
- That the plaintiffs and respondents pay my costs for this motion forthwith.
- Such further or other order as the court thinks fit.
Statement of charge
1. On the 7th of October 2016 the applicants instituted defamation and injurious falsehood proceedings against me and were granted wide-ranging suppression orders and non-publication orders and a super-injunction by Justice Peter Hall based on the affidavits of Richard Keegan and submissions of Sandy Dawson.
2. On the 10th October 2016 Justice David Davies continued those orders.
3. On the 24/5/2017, in an almost identical matter against Simon Mulvany by the same applicants and legal team, the applicants and their lawyers tried to get Simon Mulvany to contractually agree, as part of the Dowling clause in a Deed of Release, to destroy a video / sex tape and to have nothing further to do with me in a deliberate attempt to pervert the course of justice and interfere with a witness. It was documentary maker working with Simon Mulvany’s who filmed the video. The content of the video / sex tape and evidence from Simon Mulvany are vital to my defence for the defamation and injurious falsehood claim against me.
4. The video / sex tape was and is vital evidence for my defence in relation to at least the defamation matter which the applicants and their lawyers were well aware.
5. Simon Mulvany and his evidence is also vital to my defence in both the defamation and injurious falsehood matters and the applicants and their lawyers were well aware of this.
6. The Dowling clause is part 6 of the draft Deed of Release between Capilano Honey, Ben McKee and Simon Mulvany which they never agreed as Simon Mulvany didn’t want to be part of their attempt to destroy evidence and pervert the course of justice. Clause 6 is as per below:
6. Dowling material and destruction of recording
6.1 Mulvany undertakes that he will not publish, whether on the internet or otherwise, material from Mr Shane Dowling, or links to any material from, or any website operated or controlled by, Mr Shane Dowling (“Dowling material”).
6.2 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 posted Dowling material, he will use all reasonable endeavours to cause such posting to be removed forthwith, to the extent it is within his power to do so.
6.3 Mulvany undertakes that he will not publish, whether on the internet or otherwise, the recording made on or about 26 May 2016 of any conversation between him and Ben McKee (Recording) and will destroy 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 see the full Deed of Release)
7. Capilano Honey’s and Ben McKee’s legal team consists of: Sandy Dawson SC, Richard Keegan, Martin O’Connor, Alexander Latu and Monique Cowden.
8. On the 27th of May 2017 Richard Keegan sent me an email and made numerous false statements including but not limited to: “You should be aware, however, that it was at the explicit request of Mr Mulvany that you and your publication be included as part of any proposed settlement of his dispute with Capilano.”
9. In court on the 6th of April and 19th of April 2018, before Justice Lucy McCallum, barrister Sandy Dawson confirmed that Capilano Honey and Ben McKee wanted the video / sex tape destroyed to conceal what happened and that is why Capilano Honey and Ben McKee put the Dowling clause in a Deed of Release with Simon Mulvany.
10. In a judgment on the 8th of June 2018 the suppression orders and non-publication orders were lifted by Justice Lucy McCallum as they were so dodgy and based of lies by Capilano Honey, Ben McKee and their lawyers. The super-injunction had been lifted a few weeks earlier via consent as it was embarrassing for the court. The lifting of the suppression orders and non-publication orders was re-enforced by a unanimous decision by the Court of Appeal on the 3rd of October 2018. The bottom line is the applicants Capilano Honey and Ben McKee and their lawyers had lied and deceived the NSW Supreme Court to get suppression orders, non-publication orders and a super-injunction they had no legal right to get to try to conceal from the public they are selling poisonous and toxic honey.
Evidence in support of the criminal contempt charge
The evidence supporting the charges includes but is not limited to clause 6 of the Simon Mulvany Deed of Release which Capilano Honey wanted Mr Mulvany to agree to but he refused. Emails between myself, Capilano Honey’s Chairman, Capilano’s Company Secretary and their lawyer. And transcript evidence of 2 court hearings where Capilano’s Barrister Sandy Dawson admitted Capilano wanted the tape destroyed which contradicted their lawyer Richard Keegan who said Simon Mulvany wanted clause 6 in the Deed of Release. (Click here to read the supporting affidavit)
I said in an article on the 22nd of December 2018: “Standing your ground and rolling with the punches is very important in winning a battle but I also intend on going on the foot a lot more next year. But more on that when it happens.” Well, the criminal contempt proceedings above is what I mean by going on the front foot a lot more. It’s time to fight back harder and holding people to account for their crimes.
The Notice of Motion for the contempt charges above cost $411 to file and I’ve spent close to $100 on stationary, photocopying and scanning etc since the start of the year and as regular readers know the Supreme Court is at this point refusing me fee waivers which I am entitled to so I sold a surfboard to pay for it. This website gets by on the smell of an oily rag, but I really need the help of supporters to pay filing fees etc moving forward. If we have a win everyone ultimately wins so, please read below and support.
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