Former Liberal candidate jailed over attempt to influence Morrison government for China
The first person to be found guilty under Australian foreign interference laws will spend at least 12 months behind bars.
The Victorian businessperson Di Sanh Duong, 68, was charged under federal laws created in 2018 that criminalised covert foreign interference in domestic politics.
He faced a month-long trial in the county court at the end of 2023, when he was found guilty by a jury of preparing for or planning an act of foreign interference on behalf of the Chinese Communist party.
Duong cultivated a relationship with the then federal multicultural affairs minister, Alan Tudge, on behalf of the CCP.
Prosecutors said Duong, a former Victorian Liberal party candidate and Chinese community leader, was an ideal target to work as an agent for the CCP’s United Front Work Department.
The court heard that Duong started raising the money for Covid supplies, including gloves and masks, to be exported from China, but was unable to secure shipment and instead handed over a cheque.
Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup
He also arranged for Tudge to receive a $37,450 donation on behalf of the Royal Melbourne hospital, money he had raised as president of Oceania Federation of Chinese Organisations, his trial was told. Tudge’s office organised a media opportunity where a novelty cheque was handed over at the hospital in June 2020.
Tudge was not accused of any wrongdoing, and had told the trial that his office had organised a media event where a novelty cheque was handed over at the hospital in June 2020.
The trial heard Duong told an associate he believed Tudge “will be the prime minister in the future”.
Duong had pleaded not guilty and denied all allegations about foreign interference.
His lawyers had claimed the money was raised to help frontline healthcare workers during the pandemic and combat anti-China sentiment.
However, a jury disagreed and returned a guilty verdict in December.
Judge Richard Maidment on Thursday handed Duong a two-year and ninemonth prison term, after finding a term of imprisonment was the only appropriate sentence.
He must serve 12 months of that sentence before he can be released on a four-year good behaviour bond.
Despite the 68-year-old’s age, ailing
health and the impact his time in custody will have on his family, Maidment found a jail term was the only option.
“I’m satisfied no sentence other than a sentence of imprisonment appropriate,” he said.
Maidment found Duong had “exploited” his lack of prior criminal history, his good standing in the community and his Liberal party membership in committing the offending.
His selection of a cabinet minister as the object of his criminal intent amounted to a “serious example of an inherently serious offence”, Maidment said.
Duong, who has been on bail throughout the court proceedings, cried and grabbed a tissue upon learning he will immediately be taken to prison.