Toland ‘has no case to answer’
LAWYERS for failed Gold Coast mayoral candidate Penny Toland will this morning ask for the perjury charge against her to be thrown out.
Toland is accused of misleading the Crime and Corruption Commission (CCC) about the support she received from the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) in the 2016 Gold Coast City Council elections.
Police allege Toland knew the CFMEU spent more than $38,000 on her campaign.
However, Toland claimed at last year’s CCC’s Operation Belcarra hearings into the election she believed the union was supporting her “outside” of her campaign.
Toland did not disclose the CFMEU contribution to the Electoral Commission of Queensland.
After a day of evidence in a committal hearing in the Southport Magistrate Court yesterday, defence barrister Saul Holt, instructed by Potts Lawyers, foreshadowed he would make a “no case submission” when the case resumes this morning.
“There is a no case to answer on the provision the prosecution has not proven the ‘knowing’ element,” Mr Holt said.
CFMEU national assistant secretary Andrew Sutherland told the court the union decided to support Toland during the campaign, like they did with many other candidates.
“We do not come in and take over,” Mr Sutherland said.
“We do our own thing. We work in conjunction with the campaign team.”
Copies of text messages between Toland and Mr Sutherland on July 1, 2016 show Mr Sutherland sent her an itemised list of what the CFMEU spent on the campaign, including bus advertising and labelling them as “gifts in kind”.
“I’m doing my disclosure today. Trying to work out whether I need to include any CFMEU stuff as I never saw invoices, etc, etc,” Toland replied in the text exchange.
Months later on February 9, 2017, Toland sent Mr Sutherland a Facebook message.
“Is my understanding correct that the CFMEU ran a pro Penny Toland for Mayor campaign opposed to gifting me $40,000?” she wrote.
“I didn’t declare it as that was my understanding …”
The message was prompted after Toland was told the CFMEU had declared the support as a donation. The court also heard Toland allegedly had help from the Electrical Trades Union.