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Nsw Icac Exhibit Nsw Icac Exhibit Nsw Icac Exhibit Nsw Icac Exhibit Nsw Icac Exhibit Nsw Icac Exhibit ' NSW ICAC EXHIBIT NSW ICAC EXHIBIT NSW ICAC EXHIBIT NSW ICAC EXHIBIT NSW ICAC EXHIBIT NSW ICAC EXHIBIT ' ,. PRN E18/0093/AS-04-067/PR-0001 INDEPENDENT COMMISSION AGAINST CORRUPTION OPERATION AERO WITNESS STATEMENT OF IAN LYALL ROBERTSON AO 1. I am the National Managing Partner of Holding Redlich. 2. I make this statement in connection with the public inquiry conducted by the Independent Commission Against Corruption titled "Operation Aero". 3. Exhibited to me at the time of signing this statement and marked with the letters "ILR-1" is a bundle of documents. - My Background 4. I was born in Melbourne on 31 May 1956. My tertiary education was at the University of Melbourne. I graduated with degrees in Law and Commerce in 1979. I was admitted to legal practice in Victoria in 1980 and in New South Wales in 1994. s. I have been a partner of the law firm Holding Redlich since 1 July 1990. In April 1994, I relocated to Sydney to establish the Sydney office of Holding Redlich, which opened on 2 May 1994. I have been the Sydney Managing Partner of Holding Redlich since that date. 6. On 1 July 2015, I was appointed as the firm's National Managing Partner. In April 2019, I was re-elected as National Managing Partner for a second four-year term, which commenced on 1 July 2019. 7. I am not and never have been a member of the Australian Labor Party. I am not involved - in any aspect of the activities of NSW Labor other than as a legal adviser. Holding Redlich is not a member of Labor Lawyers. Advising the NSW Branch of the Australian Labor Party 8. I first commenced performing legal work for the NSW Branch of the Australian Labor Party (NSW Labor) in about 2008. I understand that I was initially recommended to NSW Labor by a client of the firm, Bruce Hawker, of the political consultancy Hawker Britton. The General Secretary of NSW Labor at that time was Matt Thistlethwaite. I do not recall having many dealings with him. 9. Through the firm's legal work for NSW Labor, I have received instructions from, had professional dealings with and provided advice to a number of persons holding the role of NSW ICAC EXHIBIT PRN E18/0093/AS-04-067/PR-0001 Page 2 General Secretary of NSW Labor from time to time. Those persons are, in order, Mr Thistlethwaite, Mr Sam Dastyari, Mr Jamie Clements and Ms Kaila Murnain. 10. I have also received instructions from and had professional dealings with the current Assistant State Secretary Mr Pat Garcia, the former Governance Director, Ms Julie Sibraa, the current Governance Director Mr Glenn Bacic, and occasionally the President of NSW Labor, Mr Mark Lennon. 11. Initially, the volume of work that Holding Redlich performed for NSW Labor was relatively moderate but over the years the amount of work increased. Ms Kaila Murnain 12. Ms Kaila Murnain was appointed General Secretary of NSW Labor in or around January - 2016. She succeeded Mr Clements. Prior to her appointment as General Secretary, Ms Murnain had been the Assistant General Secretary of NSW Labor. I had limited dealings with Ms Murnain while she was the Assistant General Secretary. Most of my dealings with NSW Labor before Ms Murnain's appointment as General Secretary were with Mr Clements and after Ms Murnain's appointment as General Secretary, we were in regular contact. The events surrounding Friday 16 September 2016 13. During the week commencing Monday 12 September 2016, I was advising NSW Labor on a number of issues. In addition, I was to commence three weeks' annual leave overseas on Sunday 18 September 2016 and I was in the course of preparing to do that. 14. One of the issues concerned whether payments made by the Yuhu Group and by the Top Education Institute on behalf of Senator Dastyari (as he then was) had contravened - internal party rules. There were media reports that Mr Dastyari's conduct had breached the NSW Rules and the National Rules of the Labor Party. 15. On Wednesday 14 September 2016 at 8:12PM, I received an email from Pat Garcia attaching an article in the Sydney Morning Herald about Senator Dastyari. At page 1 of Exhibit ILR-1 is a copy of that email. 16. On Thursday 15 September 2016 at 5:38PM, I sent an email to Ms Murnain containing advice on the question of whether Senator Dastyari had breached the NSW Labor Rules and the ALP National Constitution. At page 5 of Exhibit ILR-1 is a copy of that email. 17. On Friday 16 September 2016 at 4:45PM, I telephoned Sarah Butler (Sarah), an employee of the firm, who was on annual leave at that time. Sarah is a solicitor and NSW ICAC EXHIBIT PRN E18/0093/AS-04-067/PR-0001 Page 3 senior associate of the firm who has assisted me with ALP matters since 2013. At page 153 of Exhibit ILR-1 is a record of that phone call. I have caused to be marked on that document the identity of certain persons whose phone numbers are recorded therein. 18. On Friday 16 September 2016 at 4:48PM, I received an email from Ms Murnain setting out the definition of a "property developer" under the Election Funding, Expenditure and Disclosures Act 1981 (NSW). At page 7 of Exhibit ILR-1 is a copy of that email. 19. On Friday 16 September 2016 at 4:49PM, I telephoned Ms Murnain. I have reviewed my phone records for that day. My belief is that I joined Ms Murnain to my call with Sarah as described in paragraph 17 above. My belief is that Ms Murnain provided instructions requesting urgent advice concerning a trip made by State MP, Mr Nick Lalich. At page 153 of Exhibit I LR-1 is a record of that phone call. 20. On Friday 16 September 2016 at 5:04PM, I telephoned Sarah. I do not have a - recollection of that discussion and nor do I have a file note of it. My belief, however, is that we discussed the advice requested by Ms Murnain. At page 153 of Exhibit ILR-1 is a record of that phone call. 21. I obtained assistance in the drafting of the advice to which I refer in paragraph 19 from Sarah. On Friday 16 September 2016 at 7:04PM, I received an email from Sarah containing a draft advice. At page 8 of Exhibit ILR-1 is a copy of that email. 22. On Friday 16 September 2016 at 7:09PM, 7:12PM, 7:49PM and 7:52PM, I telephoned my wife. At page 153 of Exhibit ILR-1 is a record of those phone calls. 23. On Friday 16 September 2016 at 8.05PM, I sent an email to Sarah to say that no further - work needed to be done on the draft advice that evening. That email was sent from my iPhone or my iPad. I know that because the signature block is different. Emails sent from my work computer contain a signature block with the Holding Redlich logo. It is my practice to send emails from my iPhone or iPad when I am not proximate to my work computer. I believe I sent this email after I had arrived home. At page 13 of Exhibit ILR- 1 is a copy of that email. 24. On Saturday 17 September 2016 at 11 :50AM, I sent an email to Ms Murnain containing my advice in relation to Mr Lalich MP. The email was copied to Mr Chris Willis, who was Mr Foley's Chief of Staff. The first line of that email refers to my telephone conversations with Ms Murnain "yesterday afternoon and evening." I added the words "and evening" to the draft prepared by Sarah to reflect the conversation with Ms Murnain on the evening of Friday 16 September 2016. At page 14 of Exhibit ILR-1 is a copy of that email. NSW ICAC EXHIBIT PRN E18/0093/AS-04-067/PR-0001 Page 4 25. On Saturday 17 September 2016 at 12:29PM, I sent an email to Ms Murnain containing further advice in relation to whether Senator Dastyari had breached the ALP's Code of Conduct for Fundraising in the ALP National Constitution. At page 17 of Exhibit ILR-1 is a copy of that email. 26. On Saturday 17 September 2016 at 1 :25PM, I sent an email to my assistant, Liz Georgiou, requesting that she "put in 10 units of time on the ALP General file ... on Friday - telephone conversations and meeting with Ms K Murnain concerning political donation issues." At page 19 of Exhibit ILR-1 is a copy of that email. 27. On Saturday 17 September 2016 at 3:33PM, I received an email from Ms Murnain attaching the decision in Borsak v Cheung [2006] NSWADT 5. At page 20 of Exhibit ILR-1 is a copy of that email. 28. On Saturday 17 September 2016 at 4:28PM, I sent an email to Ms Murnain containing my - advice as to whether NSW Labor should make an urgent application to the NSW Supreme Court to restrain counting of the vote for the position of the Mayor of Fairfield. At page 43 of Exhibit ILR-1 is a copy of that email. 29. I exchanged further email correspondence with Ms Murnain on the afternoon of Saturday 17 September 2016. Those emails were from: (a) Pat Garcia to Ms Murnain and me at 4:34PM with the subject line "Fwd: dai le".
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