Pratt 'entrapped' by ACCC

[Aphrodite]

http://business.theage.com.au/business/pratt-entrapped-by-accc-20080812-3tye.html

Lawyers representing packaging tycoon Richard Pratt have accused the Australian Competition and Consumer Commission of deliberately setting out to "get him" on criminal charges.

Robert Richter QC has told the Federal Court that his client believes he was "entrapped" by the competition regulator into settling a long-running cartel case last year, but that he only signed the settlement for commercial reasons and that he was "under duress and pressure" at the time.

Pratt is facing four criminal charges initiated by the ACCC, which alleges that he knowingly gave false or misleading evidence to ACCC investigators while on oath during a formal examination in July 2005.

Pratt has not yet filed a defence, but his lawyers have indicated he will fight the charges.

The interview was conducted under section 155 of the Trade Practices Act, which allows for criminal sanctions for failure to co-operate.

During preliminary proceedings in the Federal Court today, Justice Donnell Ryan heard lengthy submissions from Mr Richter who argued that the ACCC's conduct in relation to Pratt amounted to "a serious and egregious abuse of process".

Mr Richter claimed the ACCC had deliberately delayed launching any criminal proceedings until after it had ended a civil case against Pratt, two of his senior executives, Harry Debney and Rod Carroll, and his packaging group Visy Industries.

Reading from an email drafted by ACCC chairman Graeme Samuel on October 19, 2007, three days after the civil case was settled, Mr Richter suggested Mr Samuel wanted to advance criminal action against Pratt even "before the ink was dry" on the settlement.

In that email titled "The Next Step", and part of which Mr Richter read to the court, Mr Samuel suggested to ACCC chief executive Brian Cassidy that "now that Friday is over ... we need to examine the section 155 issue with some priority".

"We should also indicate to the DPP how we intend to assess the Visy evidence against the criminal Bill."

Mr Richter noted that, for several years, Mr Samuel had been lobbying for the Federal Government to introduce criminal sanctions for cartel activities.

Mark Dean SC for the Commonwealth Director of Public Prosecutions said Mr Richter had made "serious and baseless allegations" against the ACCC.

He said the proposition that the ACCC had set out to "get" Pratt had "absolutely no grounds whatsoever".

He rejected other allegations by Mr Richter that the ACCC or its officers had abused their roles or withheld documents as "quite ridiculous", and dismissed his allegations as "rhetoric and nothing more than rhetoric - empty rhetoric - your honour".

Mr Dean said Pratt's responses to ACCC investigators in 2005 "were calculated to deflect the investigation into his role in the cartel".

Separately, Kerri Judd SC representing Mr Samuel, ACCC's in-house counsel Bob Alexander, the ACCC, the Commonwealth DPP and the Australian Government Solicitor, argued that subpoenas issued by Pratt's legal team were too broad, ambiguous, not limited to a forensic purpose, oppressive and would raise numerous claims for legal professional privilege.

Justice Ryan has reserved his decision.

 

[Bluebear]

Separately, Kerri Judd SC representing Mr Samuel

No relation.

 

[thylacine60]

No relation.

Believe it's pronounced "Kurry".

 

[AlecDuncan]

Good luck Pratty.

 

[prettyboy65]

man i hope he gets off
give him another massive fine and community service or somethin

 

[thylacine60]

man i hope he gets off
give him another massive fine and community service or somethin

How much more community service can one bloke do?

 

[THEBLOODS85]

How much more community service can one bloke do?

would have thought he has done more community service than most normal people in the country.

 

[phantom 309]

man i hope he gets off
give him another massive fine and community service or somethin

Hope he gets off, I hope he gets Samuals.

 

[blue gunslinger]

ACCC is the most corrupt group around. Last week they came out and said Coles and Woolworths were NOT inolved in controlling grocery supply/prices and consumers are NOT losing out with them controlling retail supply of everything.
GARBAGE

 

[BlueYoss]

Box-Seat-Kevin had a segment on his show this morning urging listeners to call and tell him when they have felt ripped off.

One caller said they feel ripped off every time they buy something in a cardboard box. Solution: don't buy anything that was ever packed in a cardboard box!

 

[phantom 309]

Box-Seat-Kevin had a segment on his show this morning urging listeners to call and tell him when they have felt ripped off.

One caller said they feel ripped off every time they buy something in a cardboard box. Solution: don't buy anything that was ever packed in a cardboard box!

Good old plastic for me.

 

[blue gunslinger]

Don't you mean latex?

 

[phantom 309]

Don't you mean latex?

Laytex isn't that a rubber that they make sex things out of, oh so no, good enviromentally unfriendly plastic untill they get the shackels of our Dick ( pratt )

 

[thylacine60]

Box-Seat-Kevin had a segment on his show this morning urging listeners to call and tell him when they have felt ripped off.

One caller said they feel ripped off every time they buy something in a cardboard box. Solution: don't buy anything that was ever packed in a cardboard box!

Yeah, but that doesn't leave.......................... oh right........... I get it.