AWU is taking federal court action against Registered Organisations Commission and challenging lawfulness of raids

Michaelia Cash to give evidence to court hearing over police raids on AWU

Senator Michaelia Cash will give evidence during a court hearing over federal police raids on two Australian Workers’ Union offices, but timing is an issue given the trial coincides with federal parliament’s only sitting week before the election.

The AWU is taking federal court action against the Registered Organisations Commission, challenging the lawfulness of raids by Australian Federal Police on union headquarters in Melbourne and Sydney in October 2017.

The raids drew media scrutiny when journalists arrived before police after a tip-off from the office of Cash, the then jobs minister. Cash has been called as a witness, and is not a party to the federal court proceedings, as the AWU attempts to have the Roc raids declared unlawful.

Cash’s former media advisor, David de Garis has also been ordered to attend the Melbourne court on 11 February in person, after the judge rejected his application to appear via video link from Perth.

In a statement, Cash remained defiant and said the case “is and has always been about the union trying to derail the Registered Organisation Commission’s investigation into the AWU’s donations”.

“I have simply been called as a witness and I am happy to assist the court to ensure our regulators can investigate the donations made by Bill Shorten to his own campaign and GetUp! from union members’ money,” she said.

“Mr Shorten still refuses to answer questions about these donations and produce evidence to show the donations were lawful.

“The Labor party have attacked me to divert attention away from the time Mr Shorten was AWU secretary.

“The focus is clearly now back on the AWU to show that Mr Shorten acted lawfully. What are they trying to hide?”

AWU national secretary, Daniel Walton said the union was only attempting to establish what occurred in Cash’s office before the raid was carried out.

“The AWU is looking forward to having this case decided,” he said in a statment.

“It is important Michaelia Cash gives evidence so that the Court can understand what happened in the lead up to the ROC investigation and the raid on the AWU.

“This is an important case about the abuse of government power and state resources to harass and intimidate perceived political enemies.

“We look forward to the truth being brought to light.”

Cash repeatedly told a Senate estimates hearing in 2017 she and her staff had not been responsible for leaking details of the raids to the media, before Buzzfeed published an article contradicting that claim. After speaking to her former media advisor, Cash returned to the October 2017 estimates hearing to admit her office had been involved. De Garis resigned that same day.

Cash had ordered her lawyers to fight the subpoena after the federal court first issued it late last year.

“I have issued instructions for the subpoena to be set aside,” Cash said at the time.

“I do not intend to play the court process out publicly.”

Last month, the Australian Federal Police admitted there would be no criminal charges from its investigation into how media outlets were tipped off to the raids, with the federal court setting down the AWU case for February.

That corresponds with the first parliamentary sitting week, where the government, already in minority, needs every vote it has to fight off a push from the crossbench and Labor to pass legislation enabling medical evacuations off Manus Island and Nauru.