The CFMEU is suing the Australian Federal Police over the Royal Commission Police Taskforce raid on the CFMEU office in Canberra last month.
The CFMEU claims the AFP search and seizure of material on 25 August 2015 was unlawful.
The CFMEU is seeking an urgent injunction to stop the AFP from examining or using the seized material until its case can be heard.
The union’s injunction application will be heard at the ACT Supreme Court on Thursday, 17 September 2015 at 2pm by Chief Justice Helen Murrell.
CFMEU Construction Division National Secretary Dave Noonan said:
“We believe the Royal Commission Police Taskforce raid on the union’s ACT office was both unnecessary and unlawful.
“The union received a huge number of Royal Commission Notices to Produce and has complied with every single one. We have produced an enormous volume of material to the Royal Commission which it can share with the Police Taskforce.
“If the Royal Commission Police Taskforce wanted further material, the Royal Commission could have issued further notices rather than storming our office.”
“The police were at our office for nearly 13 hours and our staff assisted them by identifying documents and providing passwords and PINs.
“Yet despite all that, the police then obtained a second warrant to continue the search after 9pm on the basis that it was necessary ‘to prevent the concealment, loss or destruction of property’. We say that warrant was invalid because there was no evidence to justify that finding.
“We also say that in carrying out the raid the AFP acted contrary to requirements of the ACT Crimes Act,” Mr Noonan said.
At the trial, the CFMEU will seek orders that the AFP return all the seized materials to the union.
“The union has no tolerance for corruption in its ranks and has always made clear that corruption allegations should be investigated by the police who will have our full cooperation” Mr Noonan said.
“However the raid on our Canberra office and the charging of our organiser Johnny Lomax with ‘blackmail’ for getting members higher wages through an EBA are part of a coordinated campaign to use the police and criminal law against the union’s legitimate and lawful industrial work on behalf of our members.”
The CFMEU claims the AFP search and seizure of material on 25 August 2015 was unlawful.
The CFMEU is seeking an urgent injunction to stop the AFP from examining or using the seized material until its case can be heard.
The union’s injunction application will be heard at the ACT Supreme Court on Thursday, 17 September 2015 at 2pm by Chief Justice Helen Murrell.
CFMEU Construction Division National Secretary Dave Noonan said:
“We believe the Royal Commission Police Taskforce raid on the union’s ACT office was both unnecessary and unlawful.
“The union received a huge number of Royal Commission Notices to Produce and has complied with every single one. We have produced an enormous volume of material to the Royal Commission which it can share with the Police Taskforce.
“If the Royal Commission Police Taskforce wanted further material, the Royal Commission could have issued further notices rather than storming our office.”
“The police were at our office for nearly 13 hours and our staff assisted them by identifying documents and providing passwords and PINs.
“Yet despite all that, the police then obtained a second warrant to continue the search after 9pm on the basis that it was necessary ‘to prevent the concealment, loss or destruction of property’. We say that warrant was invalid because there was no evidence to justify that finding.
“We also say that in carrying out the raid the AFP acted contrary to requirements of the ACT Crimes Act,” Mr Noonan said.
At the trial, the CFMEU will seek orders that the AFP return all the seized materials to the union.
“The union has no tolerance for corruption in its ranks and has always made clear that corruption allegations should be investigated by the police who will have our full cooperation” Mr Noonan said.
“However the raid on our Canberra office and the charging of our organiser Johnny Lomax with ‘blackmail’ for getting members higher wages through an EBA are part of a coordinated campaign to use the police and criminal law against the union’s legitimate and lawful industrial work on behalf of our members.”
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