Liberal nil-disclosure

A developer and his wife have addressed more than $28,000 in donations to City of Sydney Councillor Shayne Mallard’s office, but his disclosures say he has received no donations in his political career.

In late 2007, Peter and Helene Coombes donated more than $30,000 to the Liberal Party – more than $28,000 of which was directed to the East Sydney address of the Sydney Liberals, led by Cr Mallard.

In an email to City News Cr Mallard said he had no knowledge of this, and that it may be an error on the donor’s behalf because the NSW party address is similar.

His office address is: ‘505/80 William Street’, while the NSW Liberals’ is: ‘Level 9, 140 William Street’.

In filling out the disclosure form, the donors made clear distinctions between different donations to each address.

About a year-and-a-half before the donation, Cr Mallard had voted in the Central Sydney Planning Committee on a nearly $66 million development at 413-421 George Street, slightly north of the Queen Victoria Building in Sydney’s CBD.

The applicant was Telado Pty Ltd, an investment-development company owned by the donor, Peter Coombes.

Before voting, Cr Mallard failed to declare that Telado had donated $10,000 to the NSW Liberal Party nine months’ before.

In fact, several separate donations of between $2000 and $3000 had been made to the NSW Liberals in three of the four years prior, from Telado and Mr and Mrs Coombes.

Many smaller donations had also been made.

Later, in mid-2008, Telado listed a $1000 donation to the “Sydney Liberals Shane [sic] Mallard Campaign”.

Cr Mallard originally declared the donation, but later amended his official disclosures to report no incoming or outgoing expenditure.

The NSW Liberals declared the Coombes’ donation, but the Telado donation was below the required threshold for declaration.

When questioned about receiving donations, Mallard has said in all instances the recipient was the NSW Liberal Party.

He said donations to the Party don’t benefit him personally and he has no control over how they are distributed.

When asked previously, Cr Mallard would not say whether donations to specific campaigns were honoured.

Dr Norman Thompson, Director of Greens’ online research project ‘Democracy 4 Sale’, says Mallard’s behaviour is typical of local and state Liberal councillors, members of parliament and candidates.

“It works like this – a donor gives money to, for example, the Liberals Sydney Local Government Conference. The Sydney Lib campaign writes receipts to the donor for the money but the Sydney Lib campaign deposits the money in the Liberal Party head office account. The head office discloses the donation but it is never linked back to the Sydney Lib campaign,” he says.

“It is especially bad at the local government level since it allows councillors to vote on matters before council from donors to their campaigns.”

The procedure is legal, but makes comprehensive public scrutiny extremely difficult and often impossible.

Council’s Code of Conduct states matters involving donations over $1000 directly benefiting a councillor’s campaign preclude that councillor from voting.

In a September 2008 email to his campaigners and potential supporters, Cr Mallard congratulated his team on “…a great fundraiser at Zilver this week. Much needed funds and fun.”

A week later, Law firm John Connolly & Partners declared $1000 to “The 100 friends of Shane [sic] Mallard Sydney Liberal Action Campaign”.

Both documents were presented at a public hearing before NSW Parliament by Dr Thompson, at which he pushed for the Election Funding Authority to investigate.

The NSW Liberals’ records of the 05/06 financial year show a $5000 donation from Cr Mallard, which he failed to declare.

He explains this, “from memory”, as an internal party transfer.

In March 2007 he declared making a $1500 donation to the Maroubra Liberals’ state election campaign, but erased it in an amendment.

The would-be recipient, Liberal candidate for Maroubra Robert Belleli, also lodged an empty ‘nil-disclosure’.

Cr Mallard’s nil-disclosure for the first half of this year was released to the public last week.

by Lawrence Bull