TOLAND TO STAND TRIAL
FAILED Gold Coast mayoral candidate Penny Toland will stand trial for perjury. The 38year-old is accused of misleading the Crime and Corruption Commission about the support she received from the CFMEU during the 2016 council elections. Magistrate Mark Howden yesterday ruled there was enough evidence to go to trial and for a jury to determine the matter. Toland immediately pleaded not guilty.
FAILED Gold Coast mayoral candidate Penny Toland remained stoic when a magistrate ruled she would stand trial for perjury.
Minutes later she entered a plea in the Southport Magistrates Court.
“Not guilty, and I reserve my defence,” she said.
Her voice was clear and did not waiver. The not guilty plea came after a two-day hearing to determine if there was enough evidence for the case to proceed to trial in the Southport District Court next year.
Toland is accused of misleading the Crime and Corruption Commission (CCC) about support she received from the Construction, Forestry, Maritime, Mining and Energy Union during the 2016 council elections.
It is also alleged she misled the CCC hearings in June last year about the involvement of an Electrical Trades Union (ETU) staff member, James Mifsud, in her campaign.
Police also allege Toland misled the CCC when she told them she was unaware of bus advertisements paid for by the CFMEU.
Magistrate Mark Howden ruled there was enough evidence to go to trial and for a jury to determine the matter.
“I am of the view … the evidence formed a basis, and I wouldn’t put it any higher than that, that an inference could be drawn about James Mifsud’s involvement in her campaign and the bus advertisements and I therefore find that she does have a case to answer,” Mr Howden said.
Perjury has a maximum jail sentence of 14 years and, by law, those convicted must serve time in custody.
Defence barrister Saul Holt, instructed by Potts Lawyers, attempted to have the case thrown out, arguing there was not enough evidence Toland “knowingly” misled the CCC.
He said Toland was extremely busy during the March 2016 campaign and by the time she gave evidence in June 2017 had forgotten some details.
“The court would be well used to dealing with situations where people get things wrong,” Mr Holt said.
He said Toland was not trying to hide the involvement of the CFMEU in her campaign.
The court heard Toland told the CCC Mr Mifsud had merely arranged for electricity to be turned on in her office.
Mr Mifsud told the Southport Magistrates Court on Monday he worked on the campaign for 10 days and started to arrange for Toland’s bus advertisements. The matter will be heard in the district court in coming months.