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13/11/15 Public Examination 1

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CORRUPTION AND CRIME COMMISSION OF WESTERN AUSTRALIA COMMISSIONER JOHN McKECHNIE QC TRANSCRIPT OF PROCEEDINGS AT PERTH ON FRIDAY, 13 NOVEMBER 2015, AT 9.31 AM COUNSEL: MR A. TROY MS K. NELSON

13/11/15 DIONISO, S. XN 2 (Public Examination)

DIONISIO, SUZANNE LOUISE called: THE COMMISSIONER: Mrs Dionisio, this is a public examination and before starting on the examination, I require you to take an oath or affirmation, whichever you wish to take. DIONISIO, SUZANN LOUISE affirmed: THE COMMISSIONER: Please don’t be offended by these questions but I see you have signed the notice to witnesses. Did you read it?---Yes, I did. And did you understand it?---Yes, I did. I appoint Ms Nelson and Mr Troy as counsel assisting me and Ms Nelson will ask you questions on my behalf. NELSON, MS: Is your full name Suzanne Dionisio?---It’s Suzanne Louise Dionisio. You are married to Tiziano Dionisio?---Correct. And you work at Favazzo’s Mechanical Engineering?---Yes. Do you work there in an administrative role?---Yes. And what location on the premises do you do that work from?---In the front office. I will show an aerial photograph, 0814. You can see that that is an aerial photograph of Favazzo’s Mechanical Engineering workshop. Would you agree with that?---Yes. And the two green arrows, the lower one says “Main office.”: Is that where you actually conduct your work? ---Yeah, well, it’s more just in front of where the palm trees are, the lower one. The lower one where the - - -?---Yeah, the roof goes down a little bit. The top green arrow says “Inspection shed”?---Yes. Is that where the vehicle examinations take place?---Yes. And who does those?---Alfonso. And he stopped doing those at the end of 2014. Is that correct?---Correct. When you were in the main office near the palm trees and he was in the inspection shed, how would you contact one

another?---Well, I’d try to phone him. If he didn’t answer the phone, I’d have to walk down there. Sorry, you might have to speak up a little bit?---Sorry. I tried to phone him first on his mobile or I’d have to walk


down there if he didn’t answer. And that’s because there’s no land line between the main office - - -?---That’s correct. - - - and his inspection shed. Would Mr Berardis tell you if he was leaving the inspection shed and leaving the premises?---No, not really. Sometimes he was out. And how would you know if he was out?---Well, the shed would be closed. So you’d have to go down there to see if the shed door was closed?---Well, if I was looking for him, yes. And otherwise, would he not tell you if he was leaving the premises?---Sometimes he might just say “I’m going out now.” So he’d come up to the main office to tell you that or ring you?---Just pop his head in, yes. Or ring you on the mobile phone sometimes?---Sometimes, yes. I believe you also had a diary that was kept in the main office with you?---Yes. And if Mr Berardis was leaving the premises on a planned visit elsewhere, would he enter that into the diary in advance?---Well, sometimes he would just book himself out. He would do that in advance?---I think so, yeah. And so therefore you would know he was not going to be at the premises for that day or that portion of that day? ---Yes. Well, he may have still been there but he may have just booked himself out. When you say booked himself out, is that because he didn’t want to put any further - - -?---Yes, that’s correct. - - - vehicle examination bookings into the diary?---Yeah. And was that diary used only for vehicle examination bookings?---Yes. I will just show you the diary, 0520. Do you recognise that as the diary for 2014?---Yes.

You can open it and have a look and just satisfy yourself that that’s the vehicle examination diary?---Yes. Did you keep a separate diary for the engine reconditioning part of the business?---Yes, we did. Did that diary look the same as that or - - -?---Yes, it did.


Is it true to say that the business was in two halves. There was the engine reconditioning side of it that your husband was responsible for, and then there was the vehicle examination side that Mr Berardis was largely responsible for?---Well, I suppose you can say that, they were both directors, so no, it was half and half, but yeah, Alfo looked after the inspection, my husband looked after the workshop. Did they have some oversight over each other, or did they operate separately?---(indistinct) they didn’t. Sorry, what was that?---No, they didn’t really - - - THE COMMISSIONER: Ms Dionisio, I understand this is a fairly intimidating place. I wonder if you could just move forward and speak into the microphone because I’m having a bit of difficulty in hearing you?---Sorry. Sorry, can you ask that question again. NELSON, MS: Yes. Did they have some oversight over each other’s roles in the business, or did they operate independently?---Well, they operated independently to a certain degree. When you say to a certain degree, was there some oversight? Did your husband know, for example, what Alf was doing, how many vehicles he was putting through in a day, for example?---No. What knowledge did he have, do you know, of Mr Berardis’s business? Did he ever speak to you about that?---No. We would only know because Alfo has to fax stuff at night-time. What is the stuff he has to fax at night-time?---Well, he had to fax a form to the Department of Transport . What form was that?---I think it’s like all the inspections, the daily inspections he’s done. He did that each night, did he?---As far as I’m aware, yes. Where did he do that from?---The fax in the office. Were you responsible for compiling any of that information that went in that fax, or was that Alf’s role?---No, that was Alfo’s role. Were you aware of where he got the information from?---I’m not sure, but I would say it was the VIS system. Did you ever see the documents that he was faxing to the

Department of Transport?---Well, yes, because they were left on my desk because then I entered it on our computer. Why did you enter it on your computer?---Because my accountant told me to.


What were you actually entering?---Just the numbers and the inspection amount. What particular number did you enter?---The invoice number. Was that a number that started with MR and then it had different numbers after that?---I’m not sure, to be honest what it started with now. Were you aware that each invoice generated by the VIS system had an MR number, so it was the letter M then R and then with the various numbers after that?---Could you show me, I’m sorry. Perhaps we could have document 0760. Have you seen a document that looks like that before, Mrs Dionisio?---Yes. What was your understanding of what that document was about?---That’s just when their vehicle’s been inspected, and it’s passed or failed. Do you know where that document came from, how it was generated?---It’s generated from the computer. Which computer was that, your computer or a different computer?---Alfo’s. Alfo’s? Was that located in the inspection shed?---Yes. You see at the top right-hand corner there’s a number that starts MR and then there are various digits after that? ---Yes. Is that the number you use to enter into your computer each day for the accountant?---I can’t remember now to be honest, I really can’t. Where would you have obtained the number that you entered into the computer from?---There’s another form, the one that Alfo faxed us at night. That’s a list of all the vehicles he has passed on that day?---That’s correct. Apart from the number, you would enter what other details into your computer?---I can’t remember, unless you show me. I think you mentioned just before an amount - - -?---Like, it’s a spreadsheet. An amount of money. Did you enter any?---Yeah, I think I

put how much it was next to it. But I’m not sure if I put the MR number or the invoice number, I don’t know. Did you ever have any documents that are on the screen now, any of those type of documents lying around your office at


any stage?---Yes. Where were they located in your office?---Behind – there’s another cabinet, which is waiting for people to pick them up. Who would give you the documents to put on the cabinet behind you?---Well, Alfo would either bring them up or they would just be there when I got in. What people used to come and collect them?---Just the general public. Were there regular clients that used to come and collect these type of documents?---Yes. Who were they?---Well, there would have been like Cannington Autohouse. If you can prompt me with some names that would help. Who used to come from Cannington Autohouse to pick up the documents?---Sometimes it was Nikki; sometimes it was a courier, they sent a courier. What about Mr Peter Horn, did he used to come and get documents from that cabinet?---He didn’t come and get them from me, no. Do you know if he used to get those documents at all from Favazzo’s: Mr Horn?---Well, I would say he would have from Alfo. Why would you say that?---Because he didn’t come up in the office. How do you know that he used to get vehicles passed by Mr Berardis?---Because it would have been on the other form, the nightly one that I entered. I see. Did Mr Horn pay you at any stage?---No. Did you receive payment from any of the customers?---Yes. For vehicle examinations, I mean?---Yeah. Why was it that Mr Horn was not paying you?---Well, I don’t know. He just went down the back. Do you know if he made payment at all?---Well, he must of because Alfo used to come up with the receipt numbers with how much he paid. Did you ever ask Mr Berardis whether Mr Horn was paying

him?---No. Did you ask your husband if Mr Horn was paying your husband?---No.


I’ll just play you a call, T3798. The transcript of the call will come up on the screen in front of you and it will be also played as an audio. Start of TI transcript, T3798: T DIONISIO: Susan? S DIONISIO: Yeah. T DIONISIO: How ya going love? S DIONISIO: Good. What’s wrong? T DIONISIO: Love uhm someone’s I’ve got a thousand in a

lacky band there but I dunno who gave us that.

S DIONISIO: Oh yeah it’s Alfo. It’s from Cracker but I

haven’t written it down yet because Alfo T DIONISIO: But why S DIONISIO: Because Alfo said it’s all mixed up for what

it’s for… T DIONISIO: Oh okay so okay. Okay. So I do I write his

name down there then or don’t I? S DIONISIO: Well I reckon to write it down and just say

it’s for inspections and …. T DIONISIO: Okay. All right then. S DIONISIO: Okay. T DIONISIO: Okay. No problem. S DIONISIO: Bye bye. T DIONISIO: Okay. See ya love. S DIONISIO: Bye. T DIONISIO: Bye. End of TI transcript. NELSON, MS: Is that you speaking to your husband?---Yes, it is. Do you recall this particular conversation?---No. Do you know when it was?

If we could scroll up to the top, you can see it’s on 21 July 2014 at 10 past 5 in the afternoon. Do you recall ever seeing a thousand in a lacky band?---Well, I don’t recall now.


Is that a thousand dollars?---I don’t recall that, no. But who said it’s a thousand dollars? I beg your pardon?---Who said it’s a thousand dollars? I mean, I don’t know. Your husband says to you, “Love, someone’s – I’ve got a thousand in a lacky band there but I don’t know who gave us that,” and you say, “Oh yeah, it’s Alfo.” Would you agree that when your husband asked you that question you appeared to know what he was talking about?---Well, at that time. But I don’t know. If I said to you now I’ve got a thousand in a lacky band, what’s your understanding of what that would mean?---Well, I would think it’s a thousand dollars. Yes. Is Cracker Mr Horn’s name?---Yes. After having listened to that call, can you recall having a conversation with Mr Berardis about a thousand dollars from Cracker?---I don’t know. What don’t you know?---Well, I don’t know if I had a conversation with him after it. You don’t recall that?---I may have, but I don’t recall having a conversation with him. I don’t really recall that conversation. Was it a usual occurrence in the business for there to be a thousand dollars with a lacky band around it given to you by clients or given to your husband by clients?---Well, they could be in any amount because we – a lot of people pay cash. Was it usual for people to pay cash in the amount of a thousand dollars?---Well, if it’s for an engine or something I suppose they would, yes. I don’t want you to suppose. Was it a usual occurrence in 2014?---Well, I don’t know. You were the one that was in the office and you were taking payment from customers, Mrs Dionisio, weren’t you?---Yes, I was. Was it usual for you when you were taking payment from customers to receive up to a thousand dollars in cash?---I could have taken up to a thousand dollars in cash, yes. So that was something that was not unusual for you, then? ---Well, no because we were quite a large business.

Why did you say just before that you didn’t know in response to me asking that question?---Well, I said I didn’t know that conversation.


Generally do you agree that you would take a thousand dollars from customers in cash in your business?---Yes. How often would that happen? Once a week? Once a month? Once every six months?---Well, I’m unsure. Well, I’m unsure. I can’t answer that. Unless you put something in front of me I couldn’t answer that. THE COMMISSIONER: Can I ask this. Whether or not it’s in cash, cheque, BSB, there would be an invoice raised? ---That’s correct. And an account?---Yes. So if this thousand dollars was for work that had been done by Favazzo’s, there would be a paper trail of it?---That’s right. Have you been asked to produce the documents?---I have, but I said I’m not going to make up a document that I can’t find or I don’t know what’s what. No, I don’t want you to make up a document you can’t find. My question is first, have you been asked to produce documents in support of this particular payment to find out what it was for?---Yes, Elio asked last night and I have done. Have you been able to find any?---Well, I’m not going to go back all night and look for it. No, but if you were given time would you be able to find it?---Well, it depends what it’s for. I’m unsure what it’s for. It says it’s all mixed up.

But whether or not it’s, whether or not it’s easy to find,

you would expect that if it was for legitimate work there

would be some form of record in it?

---Yes. And that it might take some time but you would be able to find that record?---Yes. Because the alternative is that it’s a bribe?---It’s a what, sorry? The alternative is that it’s a bribe?---I don’t think it’s a bribe. I’m only interested in the truth, and if there is a record of it, that would be very helpful to many people. Carry on. NELSON, MS: Thank you. You say down the bottom of that page that’s just in front of you, “I reckon to write it down and just say it’s for inspections”?---Yeah, just so he had a record of what’s in


the till, because he balances the till every night. So where would you have written it down?---We have just like a piece of paper that we balance the till every night what everyone has paid us. So you be able to locate that bit of paper with the till balance?---Well, no, because we throw it out, because then I enter it on the computer. So there would be a record on the computer?---There should be, yes. Thank you. That can be taken down. Apart from receiving cash payments from customers, did you receive payment by way of credit card through an EFTPOS machine?---Yes. Did you receive cheques?---Yes. Apart from, if we go back to what your role involved, apart from receiving payments and doing those reports monthly for the Department of Transport, did you also answer the phone and take bookings for the vehicle examination side of the business?---Yes. You did invoicing. Did you receive emails?---Yes. And in relation to the vehicle examination side of the business, what type of emails did you receive? Who were they from and what were they about?---Well, they would just be a vehicle inspection. They were for attention to Alfo, so I just passed it on to him. Would it ask for a booking on a particular day?---No. Would there be anything attached to the email?---I’m not sure if there was attachments. I’d just pass it on. What exactly would you pass on?---Can you show me? Can you recall how many of these emails you used to get? ---Well, I don’t recall now, no. Did you get them from any particular clients or from all clients?---There was no (indistinct) for all clients, no. You mentioned Cannington Autohouse, did you get emails from them?---Yes. Did you get emails from Mr Horn?---Not that I recall, no.

Did you get emails from the PTE Group from Mr Pollard? ---There were some, yes. What about from Mr Andrew Kemp?---I don’t think so.


Perth Motor Sports?---I there may have been a few. Who did you deal with Perth Motor Sports?---That would be Michael. Michael DiPlacido?---I don’t know his last name. What about Cannington Kia or Total Nissan? Did you get emails from them?---Not that I can recall. Frank Bucciarelli?---I don’t think so, no. The emails from Cannington Autohouse, were they generally from Nikki Harper?---Nikki, yes. Nikki? Did you receive them from anyone else at Cannington Autohouse of just Nikki?---I think it may have just been Nikki. Did you talk to Nikki in person or did you receive telephone calls from her as well as the emails?---No, I talked to her on the phone and I’ve seen her in person. When you saw her in person, was that at Favazzo’s premises?---Yes. Whereabouts on the premises?---Well, sometimes she would come in the office, and if I happened to be in the shed and she was there, or – she was there. I will show you some emails from Ms Harper. The emails that the commission has appear to fall into two different types. There’s emails from Nikki chasing up paperwork. Do you recall receiving generally those type of emails from Nikki?---They would ask me, yes, if there was any paperwork ready.

What did you understand her to mean by the phrase “the paperwork”?---Well, had the inspections been done.

And what paperwork would she be chasing?---That inspection form that was hers. So there was those type of emails and telephone calls and there was also emails which had attachments to them. Do you recall that?---I don’t recall the attachments because I don’t really look at them, to be honest. I will show you an example, T3292a. You are nodding your head, Mrs Dionisio?---Yes, sorry. Do you recognise that type of document?---Yes. And you agree that an email was sent to you from Car Sales WA on 26 May 2014?---Yes. Well, that’s what it says. At 3.24 pm, correct?---Yeah.


And it has some attachments. It says “Hi Sue. Can you please print and pass these on to Alfo. He knows about them.” I can show you the attachments and there are actually three attachments, so it’s T3292b. Does that look familiar?---Well, it’s a certificate of an inspection, yes. The particular card doesn’t look – doesn’t mean anything to me. What do you use a certificate of inspection for?---Well, that’s how Alfo does an inspection. Have you ever observed him doing an inspection?---Yes, I’ve seen him do that. And he used this green form whilst he was doing the inspection?---Well, you have to. So that’s for a Toyota Landcruiser and the second attachment to this email is T3292b. Is that document familiar at all?---No, it doesn’t mean anything to me. And the third attachment, T3292c – sorry, that’s the second attachment. It appears to be another Toyota Landcruiser and then the last attachment, T3292d, that appears to be the same document. I can tell you, Mrs Dionisio, there were two MR1 forms and this document attached to that particular email. There seems to be a mix up with the numbering that I’ve given. Now, both those vehicles were passed by Mr Berardis on the VIS system the following morning at 9.27 am and at 12.51 am. Were you aware of when Alf actually inspected vehicles? Did he come and tell you he was doing an inspection?---No. When you printed out this email, would you have put any notation in the diary?---No.

Would you have been aware from getting an email like that of when the vehicles were going to be brought down to Favazzo’s?---No.

Did you ever ask Mr Berardis when he wanted you to put those vehicles in the diary for him to have time to inspect them?---No. Why didn’t you ask him that?---I just – that was his department, not mine. You were the keeper of the diary for vehicle examinations though, weren’t you?---Yeah; only because people rang up and booked in, because there was no phone downstairs. Someone was emailing in two vehicles they wanted to be inspected. Did you not ask Alf when he wanted them to be booked in?---No, I didn’t. Did you ask Nikki when she wanted them to be booked in? ---No. Sometimes she did ring up and book them in.


So if she was emailing in documents such as what we’ve seen on the screen, you understood that she did not want them to be booked in. Is that correct?---Well, I don’t know so much as whether she wanted them to be booked in but to be quite honest, I don’t know. I just passed on the paperwork. So on some occasions she would actually call you on the telephone and ask for a particular time for a vehicle?---I think she had sometimes, yes. Do you actually recall that?---No, I don’t. I can show you another example the next day, on 27 May at 11.37 am, T3299A: “Hi Sue, could you please pass this one on to Alf. Also would you know if any to pick up.” What did you understand her to mean by that, “any to pick up”? ---Well, I suppose was there any paperwork ready that he’s done the inspections on. This is in relation to a Mazda 3 and the attachment was T3299B. Did you ever query Mr Berardis as to why Ms Harper was filling out these forms?---No. Did you ask Nikki herself why she was filling out these forms?---No. Two days later there’s another email, T3294A, “Hi Sue, could you please pass these on to Alfo. Thanks,” and the attachment which is T3294C is for a Nissan Patrol. There was also another attachment for a Toyota. Then on 11 June there’s another email, T3295A, “Hi Sue, could you please pass this on to Alf. Also do you know if you have one for a motorcycle there,” and there was an attachment for a Nissan. So over the course of just those two weeks you had received four emails from Ms Harper and for about six separate vehicles. You’re nodding your head?---It doesn’t mean anything to me. I just pass on paperwork. You didn’t enter any of these into the booking diary?---No. Ms Harper has told the commission that on occasions during this time period she did not actually bring any vehicles to Favazzo’s for Mr Berardis to inspect, and he passed them without having inspected them. You’re nodding your head? ---Well, I don’t know what Nikki said. Were you aware that Mr Berardis was not inspecting vehicles at this time?---No, because I’m aware now that he went there. You’re aware now that he went there?---Apparently.

Ms Harper says that he didn’t even go there to inspect the vehicles?---Well, that’s Ms Harper saying that. THE COMMISSIONER: It’s a bit more than that but we don’t need to trouble you with it.


NELSON, MS: You said you’re aware now that he was going there?---That’s correct.. When did you become aware of that?---After the CCC people come down. So in 2014 you weren’t aware that Mr Berardis was going out to Cannington Autohouse. Is that what you’re saying? ---No, I knew he was obviously out but I didn’t – I don’t ask where he is. I don’t expect him to ask me where I am. The first example I put up on the screen was an email from 26 May for two vehicles and I told you that you had received that email at 3.24 pm. Then the following day the vehicles were passed at 9.27 am and then at 12.51 pm on that day, so there was not even a 24-hour turn around for those vehicles to be passed. Would that have caused you to ask Mr Berardis when he had actually inspected those vehicles?---No: I never questioned him. If you could just open the diary, I think it’s still in front of you is it, to 26 May?---Yeah. Did Mr Berardis have any bookings on that day?---Well, the bookings are there but I don’t know if they came in. How many bookings are on the page for 26 May?---Seven. What about for 27 May?---There’s six. You’ve given evidence this morning that after Mr Berardis had passed vehicles on the VIS system, the paperwork came back up to your office to be collected?---That’s correct. Is that normally what happened in relation to Cannington Autohouse paperwork?---Well, if he had finished it I suppose it would be up the top. So he would have brought the paperwork for those cars that he passed on 27 May up to you in the office for Nikki to pick up at some point?---Well, I can’t be sure. Did you keep a note of the particular vehicles that were mentioned in the MR1 attachments to the emails?---How do you mean? Did you note down for yourself which vehicles were coming in that you needed to make sure you got the paperwork back up to the office in a reasonable time period?---No. If I could have email T3296 up on the screen please, this is half an hour after the email that we saw last on the

screen which was 11 June at 9.30 and you’re replying to the query about the motorcycle from Ms Harper and you say, “Hi Nikki, I think he’s done the bike. He’s just misplaced all the paperwork. I’ll let you know when he has found it.” It sounds almost as if you were Mr Berardis’s personal


assistant, Mrs Dionisio?---Who, me? Yes?---I don’t think so. Trying to locate his paperwork and organise him?---Well, sometimes I just said that just to get them off our back. They became irritating?---Sometimes, yes. Anyone in particular?---Well, it would be Nikki. When you say “he’s just misplaced all the paperwork” would you have actually gone down - - -?---I’ve probably not even looked. You may not have looked. Okay, thank you. The emails go on, they’re very regular: 18 June there’s another MR1, 26 June there are a couple of emails back and forth between you and Nikki; 15 July, and so it goes on. Mrs Dionisio, none of these emails actually refer to when the vehicles would be arriving for Mr Berardis to inspect. Does that accord with your recollection of the emails generally? ---Yeah.

To your knowledge, what was the arrangement for Alf to actually inspect these vehicles - - -?---I didn’t know. - - - that were coming in by email?---I didn’t know. And you didn’t ask him?---No. You didn’t ask your husband?---No. Apart from the emails coming from Ms Harper sending the attachments, there were also telephone calls in which she was chasing up paperwork. Do you recall receiving numerous telephone calls from her?---Yes. And on occasion, she arranged for a courier to come and pick up paperwork?---Yes.

Who would be responsible for arranging all the paperwork to be put together for the courier to pick up?---Well, if there’s paperwork behind me, I just put it in an envelope for her. If we could play call T3321. Start of TI transcript, T3321: DIONISIO: Good morning Favazzo’s. HARPER: Hey Sue its Nikki here how you going? DIONISIO: Good Nikki, how are you? HARPER: That’s good. I was just seeing if there’s

one set of paperwork for me to pick up.


DIONISIO: There is one up here yes. HARPER: Yeah the Hilux? DIONISIO: Ah I think it is, just let me have a look (pause). You there Nikki? HARPER: Yep. DIONISIO: Yes it is the Hilux HARPER: Alright thanks for that. DIONISIO: No worries bye, bye. HARPER: See yah, bye. End of TI transcript. NELSON, MS: When you say there is one up there, are you referring to the cabinet behind you?---The completed inspection, yeah. And you appear to or it sounds like you are rifling through some paperwork. Would there be quite a lot of paperwork at any given time behind you in the cabinet?---If you’ve seen it, I said we got stuff every week. I will just play you another call, 3337, please. Start of TI transcript, T3337: T DIONISIO: (aside) How many, how many’s here roughly?

Three? MALE1: Three. S DIONISIO: Ciao. T DIONISIO: Susan S DIONISIO: Yeah. T DIONISIO: Susan, I’ve got Cannington, or, courier here

to pick up where are those big yellow, yellow uhm envelopes?

S DIONISIO: Well they’re up the back where you got them

but look across towards my way and you’ll see them sticking out.

T DIONISIO: Up towards at the back, at the back where

love?

S DIONISIO: Well where you picked up the papers. T DIONISIO: Where’d you pick up the paperwork from Alfo?

Oh here


MALE2: (Indistinct) T DIONISIO: yeah okay. Yeah alright found ‘em S DIONISIO: See them? T DIONISIO: okay, yeah yeah. S DIONISIO: Okay, bye. T DIONISIO: Okay. BERARDIS: (aside) Did she put Tony Cannington on

there? T DIONISIO: Did you put Tony Cannington Autohouse on

here? S DIONISIO: Yes. T DIONISIO: Is that what you write on there? S DIONISIO: Yep. T DIONISIO: Alright okay. Alright see ya. S DIONISIO: Bye. End of TI transcript. NELSON, MS: You seem to be saying at the end of that telephone call that you have put all the papers in an envelope and put Tony, Cannington Autohouse on it. Is that correct?---On the top of the envelope. Yes. Was that something you normally did?---Well, they didn’t really send a courier often. Do you recall this particular occasion?---I don’t recall the day, no. And who was Tony, Cannington Autohouse?---He’s the boss. Is that Tony Raphael?---I think that’s his last name, yeah. Have you ever met him?---Yes. And where did you meet him?---We went out to dinner one night. When was that?---I can’t be sure of the date. This year, last year?---Last year.

Towards the end of last year or the beginning of last year?---Probably mid last year. Did you ever talk to Tony on the telephone about vehicle


examinations?---I don’t think so. I don’t – I’m not sure. Did any of the regular customers drop off paperwork to you rather than emailing it? What about Mr Basilio Orlando – sorry, Orlando Basilio?---I didn’t really see Orlando much. You didn’t see him much?---He went straight down the back. Were you aware that he got vehicles examined by Mr Berardis?---Yes. Did he come and pay you?---I think he paid Alfo. And why do you think so?---I don’t know if everyone would come in the office. If they were paying Alfo, would Alfo then pass the payment on to you in some form?---Yes, with the invoice number and how much it was. And would Alfo give you cash that he’d been given by Mr Basilio or would the payment be in some other form? ---Well, it would either have to be cash or cheque because he hasn’t got an EFTPOS machine down there. What about Mr Vassett from Total Nissan or Cannington Kia? Did he ever drop off paperwork to your office?---Not that I recall, no. Did you ever see him at the Favazzo’s premises?---Well, sometimes, yes, he used to come up and pay with a cheque. When he was paying by cheque, how many examinations did he used to pay for at one time?---Well, I don’t know because I used to write the invoice number on the back of the cheque in case there was something wrong with the cheque. What about Mr Michael DiPlacido? Did he drop off paperwork to your office?---No. Are you aware of whether he dropped off anything to Mr Berardis directly?---Well, I don’t know. He went down there. You know he went down there?---Well, he had to have because he came up to the office and paid. And did he pay you in cash generally or EFTPOS?---No, he paid by cheque. Did he collect the paperwork, the certificate of inspection, from you in the office or from Mr Berardis? ---Sometimes they would be up in the office, I think.

Did you ever talk to him on the telephone about getting some paperwork from Mr Berardis?---Well, he may have. Was he another one of those irritating customers?---Would


have been. Why was that?---I suppose everyone wants everything at the same time. If we could play T3215. Start of TI transcript, T3215: DIONISIO: Good afternoon Favazzo’s. DIPLACIDO: Hey Sue it’s Michael. DIONISIO: Hi Michael. DIPLACIDO: Uhm if by chance the Gods look favourably

upon DIONISIO: (laughs). DIPLACIDO: me are you able to ah scan that and email

it to me? DIONISIO: Ah I haven’t got a scanner. DIPLACIDO: Uhm can we I’ll, I’ll get Alf to photo it. DIONISIO: Yeah because uhm what are you talking about

if he passes it? DIPLACIDO: Yeah so if he just can, if he photos it and

then send it to my phone DIONISIO: Yeah. DIPLACIDO: I can print it out and take it. DIONISIO: Oh okay, no worries I’ll ask him. End of TI transcript. NELSON, MS: Do you recall that particular conversation? ---No. Do you know what he’s talking about when he’s asking you to scan it?---Well, I don’t know but I think he is talking about an inspection paper. Did you ever have any dealings with him for business other than vehicle examination?---No. What about Mr Pollard from the PTE Group? What was your contact with him?---I think he just came down.

What about from the PTE Group generally? Did you liaise with someone else other than him?---Well, a lady used to come in and pay and I think another gentleman but I don’t know his name.


How did they used to pay?---I think it may have been credit card. Do you recall receiving emails with MR1s attached to them, similar to the Cannington Autohouse process?---They may have, yes. I will show you one, T3368. So there’s actually no message, there’s just the attachment. You’re nodding. You just have to say something, because it’s transcribed?---I’m sorry. I can’t see anything; obviously, it has got an attachment. I will show the attachment T3368. So similar to the emails from Nikki the MR1 form has been filled out?---Yes. Did you ever ask the PTE Group why they were bothering to fill out the whole form?---No. You didn’t ask Mr Berardis?---No. Mr Berardis has said on 25 July he passed three Caddies on behalf of the PTE Group without inspecting the Caddies, and he passed them on the basis of information he had been given in an MR1 form such as this. You’re nodding? ---Sorry. Are you aware of that?---I am now. Were you aware back in July 2014?---No. Does that surprise you?---A little bit, yes. Mr Pollard has said that he left his credit card details with you so that you could actually organise the payment - - -?---I don’t recall that. - - - of the vehicles that had been passed by Mr Berardis? ---I don’t think someone is going to give me their credit

card number. So you dispute that?---Not unless, they may have paid over the phone, because we have that facility. I see. What was the arrangement with Mr Daniel Vassett in terms of dropping off or emailing paperwork, or picking it up?---I can’t remember when he came down. You can’t remember? Can you remember how long Mr Vassett was a customer of Favazzo’s for?---I don’t think very long. Did you ever put bookings into the diary for Mr Vassett? ---Yes, I think I did. Did he sometimes turn up unannounced?---A lot of people turned up unannounced.


What was the arrangement with Mr Frank Bucciarelli in terms of vehicle examinations?---Well, he just used to go back down the back and talk to Alfo. So you actually saw Frank on the premises?---I have seen Frank, yes. How did he get his certificate of inspection? Did he get that directly from Alfo or from you?---He may have got it from me, or he may have got is from Alfo. Can you recall how he got it from you?---No. I will play you a call, T3810. Start of TI transcript, T3810: DIONISIO: Alfo.

BERARDIS: Yes.

DIONISIO: What’s wrong? I’m not in the office.

BERARDIS: Oh okay. I’ll wait ’til you get back. I

got it.

DIONISIO: I, I’ve gotta take my car past Bucciarelli.

Have you done their paperwork?

BERARDIS: Oh yeah.

DIONISIO: Before he asks me.

BERARDIS: Yeah, yeah, just

DIONISIO: Have you got it there?

BERARDIS: Yeah, I’ve got it.

DIONISIO: Alright. Well I’ve gotta take that too.

Hang on, I’m, I’m just at the car.

BERARDIS: Aright.

DIONISIO: Okay.

BERARDIS: Ta.

End of TI transcript. NELSON, MS: By “paperwork” did you mean the certificate of inspection?---I may have, but I was taking my car to his premises.


Do you recall that particular occasion?---Well, I don’t recall the occasion, but I know that I had to take my car there because the engine lights were on; my husband couldn’t get it off. If Frank had brought the vehicle to Mr Berardis, is there is a reason why you then delivered the paperwork back to him, rather than him taking the paperwork?---Just probably save him coming out, if I was going there. What about Mr Andrew Kemp, what was the arrangement between him and Mr Berardis in terms of delivering vehicles or getting paperwork?---I’m not sure, because Andrew didn’t really come in the office. He came in to pay. Did he sometimes pay in advance for vehicle inspections? ---I’m not sure about that. Did anyone else pay in advance?---Not that I’m aware of. I will play you a call T3851. Start of TI transcript, T3851: BERARDIS Sue.

DIONISIO Hello. I’m just letting you know that

Andrew paid for four, so apparently he got

two down there, so put paid on.

BERARDIS Okay, there’s two down here. I’ll give

DIONISIO Yeah.

BERARDIS you the receipt numbers. I, yeah,

DIONISIO Yeah.

BERARDIS I’ll leave them all together.

DIONSIO Yeah.

BERADIS Hang on I’d better write this down here on

this paper.

DIONISIO Yeah.

BERARDIS Paid all. Paid all four. Thirtieth of the

seventh, fourteen. I’ve got two receipt

numbers if you need ‘em.

DIONISIO Yeah. Yeah, give them to me because he had

them in the car.


BERARDIS Okay, it’s one, nine, seven

DIONISIO Yeah.

BERARDIS two, eight, five, is one of them.

DIONISIO Yeah, yeah.

BERARDIS And one nine seven, two, eight, zero. That

was sixty dollars eighty each.

DIONISIO Yeah, no problem.

BERARDIS So I’ve got, I’ve got two more to do but,

DIONISIO Yeah, but write paid on them. Yeah.

BERARDIS yeah, I will.

DIONISIO Okay.

BERARDIS Alright, see ya.

DIONISIO Okay, bye.

End of TI transcript. NELSON, MS: Can you recall what type of vehicle Mr Kemp used to bring for examinations?---I think he had motorbikes. I think you said before this call was played that you weren’t aware of any other customer who paid in advance? ---Well, I said that I was unsure. It’s hard to remember back. Thank you. That can be taken down. Have you heard of Mr X?---No. You weren’t aware of him getting any work done in the workshop by your husband or any vehicles examined by Mr Berardis in 2014?---I’m unsure. Were you aware generally that Mr Berardis was passing vehicles without having inspected them?---No. Nothing further, thank you. THE COMMISSIONER: Thank you, Ms Dionisio, you are free to go?---Thank you very much.

(THE WITNESS WITHDREW)

THE COMMISSIONER: Who is the next witness?


TROY, MR: Sir, the next witness, who I will have responsibility of asking question of is Mr Pintabona. I wonder whether the commission will be minded to rise perhaps for 10 minutes or so prior to that witness being called. THE COMMISSIONER: We started early and I would hate to have people miss out on their break, so we will take 15 minutes. TROY, MR: Thank you, sir.

____________________

13/11/15 PINTABONA, T. XN 25 (Public Examination)

PINTABONA, TROY called: THE COMMISSIONER: Please be seated. Mr Pintabona, this is a public examination and before examining you I would ask you to take the oath or affirmation. PINTABONA, TROY affirmed: THE COMMISSIONER: Mr Pintabona, they may sound sort of stupid questions but nevertheless, you’ve signed the notice to witnesses. Did you read it?---Yes, your Honour. And you did understand it?---Yes. Very well. I appoint Mr Troy and Ms Nelson as counsel assisting me and Mr Troy will be asking you questions on my behalf. TROY, MR: Thank you, sir. Mr Pintabona, you appeared before the commission a few weeks ago on 31 August. Is that right?---Yes. In a private examination you were asked a number of questions?---Yes. In the two months or so since that time, I understand that you have reflected on some of the answers you gave during the course of that examination?---Yes. And you’ve had the benefit, I think, quite recently of some legal advice. Is that so?---Correct. Mr Pintabona, in a few moments I’ll put three specific questions to you for your consideration, but before I do that may I just introduce matters a little bit to clarify some details with you. You’re the proprietor, I think, of Crypton Autos in Walliston?---Correct. Is that right?---Correct. From April 2013 until fairly recently you have been a private contractor or agent employed by the Department of Transport. Is that so?---Correct. You entered into a particular agreement with the Department of Transport in April 2013?---Correct. Mr Pintabona, I’ll just ask that the document is placed on the screen and get you to identify certain aspects of it, it’s document 0172, and you can see, Mr Pintabona, that’s headed Government of Western Australia, Department of Transport and it’s an agreement for the provision of

services in terms of a particular section of the Road Traffic Act. Can you see that?---Correct. It’s an agreement between the Director-General of the Department but also Mustang Holdings WA Pty Ltd with an


address provided and then “trading as Crypton Autos (the agent).” Is that correct?---Yes. If we could just scroll to page 3 please, we can see the date of the agreement is 18 April 2013. Do you see that? ---Yes. Then if we go to page 25 we see a reference to, this is a deed of confidentiality undertaking and that’s your name that appears there. Is that right, Mr Pintabona? ---Correct, yes. If we scroll down to the bottom of the page, is it your signature that also appears on that page?---Correct, yes. We can leave that document there for a moment because I’ll go to the last page of it in just a moment, but when you became as a result of this agreement an authorised vehicle examiner, you were required, I think, to attend a course - - -?---Yes, correct. - - - prior to becoming an authorised vehicle examiner and that was a course that lasted for about five days? ---Correct, yes. You were provided with certain instructions and you were shown certain documents during the course of that training?---Correct. Is that so?---Yes. If we could look at page 18 please of the document, there are a lot of provisions in this particular agreement, Mr Pintabona, but under the heading “25 Fees” if we scroll down we can see a subparagraph, I think, that is headed 25.2 Vehicle Inspection Fees and subparagraph (b) of that provides that the agent must only charge the prescribed fees for the services. Can you see that?---Yes. The agent of course is yourself, so by this agreement you were agreeing that you would only charge the prescribed fees for the services that you were providing under this agreement and if we could go please to the final page of the document, page 26, we can see in a schedule there the fee schedule that was applicable as of July 1 2012. Can you see that?---Yes. That fee structure governed the agreement that you were signing up to in April 2013. Is that right?---Correct, yes. There is a column that refers to total amount collected from customer. Can you see that?---Yes.

That’s then described as a “prescribed fee” underneath it and the amount collected depends on the vehicle but if it was for example a motorcycle, you can see over in the far left there’s a reference to motorcycles, the prescribed fee


to be collected from the customer presenting a motorcycle for an initial inspection, according to this schedule, would be $65.30. Is that right?---Yes. That was the position as of July 1 2012 and the amount that would be retained by the agent, which would be you, is described as the service fee and that would be $48.54. Can you see that?---Yes. Then the balance would be remitted, sent back to the Department of Transport. Is that right?---Yes.

If there was what’s described as “any other light vehicle” other than a motorcycle or caravan, et cetera, so perhaps a car, the figure is slightly greater. On initial inspection, the fee is $93.60. Can you see that?---Yes. If there is a minor inspection, that is provided for as well and the fee is $65.30. Can you see that?---Yes. And you understood the difference between a full inspection and a minor inspection. Is that right?---Yes. Thank you. That can be taken off the screen. That set out, Mr Pintabona, the fees that were applicable at the time that you entered into the agreement. I wonder if document, which ends in the four digits 0774 could be displayed. This is a document that sets out the Perth vehicle examination fees for 2014, 2015, Mr Pintabona? ---Yes. So this would govern the period up to the end of that financial year, so up to 30 June 2015, and it would seem that the fees have decreased slightly compared to the fee schedule that I showed you a moment or so ago. Is that correct?---Yes, that’s right. Because the fee now for a motorcycle, using that as an example, for the initial examination would be $60.80. Can you see that?---Yes.

So if you were examining as an authorised vehicle examiner a motorcycle in May of 2015, May of this year, the fee that’s charged is $60.80, is that right, according to this schedule?---I think after June 30 I think it might have changed. It may well have done, but this is for the period 2014, 2015?---Yes. So no doubt the fee would be reviewed for the following financial year, but just for this period, which would include May 2015, the fee that is provided for to examine a motorcycle on an initial examination is $60.80, isn’t it? ---Correct. Of which you, as the agent, would retain probably about 75 per cent, and the balance would have to be remitted to


the Department of Transport ?---Correct. That can be taken off the screen. Mr Pintabona, do you accept that over the period when you were an agent on behalf of the Department of Transport , so from April 2013 onwards, there were some occasions when you examined vehicles other than at the premises of Crypton Autos?---Yes. Did you understand that, according to the agreement, you were meant to examine vehicles at the premises?---Yes. Unless you sought prior approval? Is that right?---Yes. Do you also accept, Mr Pintabona, that there were occasions when you examined a vehicle and received a sum of cash for doing so that was greater than the prescribed fee that we have just looked at?---Yes. Mr Pintabona, do you also accept that there were occasions, and I’m not saying that this was happening all the time, but there were some occasions when you would pass a vehicle without actually having physically seen it?---I may, I can’t remember; I can’t recall. I will jog your memory as we go along, but what I’m suggesting is that, again, I’m not saying that this was your invariable practice, but that there were some occasions when, although you had some information about the vehicle, such as details of its tyres, photographs, that sort of thing, you didn’t actually see the vehicle physically before you passed it on the Department of Transport system?---I’m sorry, I can’t give you a positive – I’d have to look - - - You can’t be positive about that?---No. Mr Pintabona, I will in a little while just ask you some more specific questions, but I just wanted to put that to you at this stage as a general proposition. As we go along, I will be asking you about certain vehicles, all of which are I think this year, and asking you some questions about them. If you can’t recollect the particular vehicle, then I will play to you, if necessary, certain telephone calls, show to you certain text messages, to see if that assists you in remembering the vehicle and remembering what your dealings with it were. Do you understand? Can I start by just confirming with you that you know a person called Leigh Martin?---Correct, yes. He is a person that you have known for a few years at least?---Yes.

He is a qualified mechanic?---Yes. He is not an authorised vehicle examiner to your knowledge?---No.


And he would present vehicles to your premises to be, on occasions, examined by you?---Yes. Do you remember that in May of this year you were asked to examine a Harley-Davidson motorcycle that was owned by a person called Nicholas Duggan, which had received a yellow defect sticker?---Yes. I think you remembered that particular motorbike when you were asked questions about it during the private examinations?---Yes. Just to be very clear, if a vehicle such as a motorcycle receives a yellow defect notice, which has got a number of different terms, it is necessary for the vehicle to be examined by someone like yourself, an authorised vehicle examiner, and to pass that examination before it can be driven or ridden on the road?---Correct. That was your understanding? We have looked at what the fee would be for inspecting a motorcycle in May of 2015. Do you recall that in May, I suggest it was towards the end of May, Leigh Martin was in touch with you, initially be sending you a text message, concerning this particular motorcycle?---Possibly, yes. And that following text messages exchanged between you, you spoke with Mr Martin by telephone about this particular bike. Do you recall that?---Possibly. Do you recall that you told Mr Martin, or Mr Martin told you that the bike would be at his premises, which I think is about a 20-minute drive away from you, isn’t it?---Yes. Mr Martin told you that the bike would be at his premises on the particular afternoon that you were speaking with him by phone. Do you remember that?---Yes. Do tell me if you can’t remember?---Yeah, vaguely; cannot remember. Did you say to Mr Martin that you would pop down to his premises later that evening?---Yes. Did you in fact go down to Mr Martin’s premises that evening?---Yes. When you got there, was the Harley-Davidson that belonged to Mr Duggan there?---Yes. Did you carry out an examination of it?---Yes, I looked over the bike and did a noise test.

Sorry, did a what test?---Did a noise test. Did a noise test? Was that because you understood that that was the difficulty in particular that had been


identified on the defect notice?---I think the defect notice was exhaust pipes to comply. Yes. Having carried out an examination at Mr Martin’s premises on that particular evening, did you satisfy yourself that the motorcycle had passed?---Due to the age and the kilometres of the vehicle and doing a stationary noise test, it was legal. It was a fairly new motorcycle, I think?---Yes. Was there any particular work that you had to do to it to satisfy yourself that it was legal in the sense of passing an examination or not?---Not really, no; just really checking lights and all the number match and doing a noise test.

And did you take it for a ride?---No. At the conclusion of the examination, did you speak to Mr Martin about how much the cost would be for the examination that you had carried out?---Possibly. If I said to you that you told Mr Martin to tell someone called Alex that he owes you $200, would you accept that? ---Possibly, yes. And did you know someone called Alex as of this particular time, that is the end of May of this year?---I’ve heard of, yes, Alex Veronesi. Alex Veronesi?---Yes, I think he’s ridden the bike to Leigh’s place. So it was your understanding - - - THE COMMISSIONER: Sorry, I just missed that?---To my best honesty, I think Leigh – sorry, Alex has ridden the bike to Leigh’s premises.

TROY, MR: So your understanding was that it was Alex Veronesi that had brought the bike by riding it to Leigh Martin’s premises. You examined it, as you’ve told us. It may well be that you said to Mr Martin to tell Alex that he owes you $200 and did you then leave Mr Martin’s premises? ---Yes. Would it be correct that you didn’t see that particular motorcycle again?---No, I think the next day I came down. It was gone. Came down to Mr Martin’s premises?---Yes. Did you receive any money for performing that examination? ---Yes. Who paid you?---Leigh Martin would have paid me.


And do you remember how much he paid you?---To be honest, no. It would have been 70 or a hundred or could have been the 200, so I’m not too sure. Would it have been in cash?---Yes. Did you speak with Mr Martin the following day, that is the day after you had seen the motorcycle at Mr Martin’s premises, and tell him that the Harley had been passed, had been licensed at about lunchtime of that particular day? ---Yes. If we could just display, please, document 0173. You would be familiar of course with this type of document, Mr Pintabona?---Correct. You can see it’s described as a certificate and the details of the person presenting the vehicle - in this case, it’s a business, Leethal Performance - dated 27 May 2015 and the details of the particular vehicle have been inserted under Vehicle Details. Can you see that?---Correct, yes. And Leethal Performance is the business that’s run by Mr Martin. Is that correct?---Yes. Did you fill in those details, that is the details of the person presenting the vehicle and also the vehicle details, starting with the plate number?---Yes. And did you do so in fact on the day that you actually passed this vehicle, passed, by which I mean entered the Department of Transport computer?---Sorry, say that again. Sorry, this document – first of all, may I ask you this. Looking at the document as it appears in front of you, did you fill out all of this document?---Yes. And did you do so on the day that you saw the motorcycle at Mr Martin’s premises or did you do so the following day when you licensed it?---The first time. So when you saw it?---Yes. When you went there, did you have one of these forms with you?---Yes. As opposed to a notepad or a notebook?---I would have both. And as you carried out the examination that you’ve told us about, did you fill in the details into this particular form on the same evening?---Yes.

You did; and if we could just go over the page, please, and just go to the bottom of the page and we see confirmation there that the vehicle has passed. There’s a circle around those words and the examiner number is your unique number, I think. Is that correct?---Yes.


That’s your signature?---Yes. And the date is 27 May 2015 and if we look at another document, please, 0174, Mr Pintabona, this is a certificate of inspection that relates, doesn’t it, to the same motorcycle?---Yes. Is this the document that’s generated from a computer as a result of details that were in the previous document being entered into the computer?---Correct. We can see the inspection details and the result is a pass and the date is 27 May 2015. If we just go down to the bottom, that’s all the details, it appears. So that’s a document that was generated as a result of you submitting into the Department of Transport computer system the results of your examination the previous night in respect of this motorcycle. Is that so?---Correct. That can be taken off the screen. That paperwork that we have looked at, was that provided by you in due course to Mr Martin?---Yes. I want to play a call to you that relates to this particular motorcycle and then ask you some questions about it, Mr Pintabona. If I can ask that call 1085l which is T3746, is played, please. Start of TI transcript T3746: PINTABONA: Hi mate, how are ya? MARTIN: Good bud. Uhm, I only just left. Uhm, is

the gates open? PINTABONA: No, no. No one’s there at the moment. MARTIN: Oh fuck, uhm. PINTABONA: Can you get into the letterbox? Can he

reach the letterbox or not? MARTIN: I think he can, only just. Just slip it in

number two. PINTABONA: Number two. Alright. I’ll see if I can put

it in there then. MARTIN: Sweet. Thanks man.

PINTABONA: Okay. I just wanted to mention to you too,

like you know how, you know like the money that I charged you for this one, uhm.


MARTIN: Yeah. PINTABONA: I don’t mind doing that for you but normally

with these guys I don’t want them uhm, how could I put it, like I don’t want them talking saying that they get done for a hundred dollars, you know, ‘cos normally all the other guys

MARTIN: Yeah, yeah. PINTABONA: all pay, you know, all, all pay about three

or four hundred dollars, you know what I mean?

MARTIN: Okay. PINTABONA: So I didn’t mind, I didn’t mind doing this

one for you but I just don’t want him or don’t say anything to him because you know they all talk, you know?

MARTIN: Yeah, yeah, yeah, yeah. PINTABONA: And one says I’m paying this much then gets

it done for that much you know what I mean but

MARTIN: Yeah. PINTABONA: I didn’t mind doin’ that one for you for

that one but normally they always pay, you know, three or four hundred dollars, you know, to do that, you know.

MARTIN: Alright. PINTABONA: So I thought I’d just let you know. I just

don’t want them all fucken talkin’ and then sayin’ oh, he’ll do it for a hundred dollars, you know, so.

MARTIN: Yeah, that’s cool. I’ll charge him extra

anyway. PINTABONA: Yeah, alright. I’ll put it in the letterbox

anyway for ya. MARTIN: Alright, cheers bud. PINTABONA: Alright mate. See ya then. MARTIN: See ya mate.

PINTABONA: Okay. Bye bye. End of TI transcript.


TROY, MR: Mr Pintabona, is that a conversation between yourself and Leigh Martin?---Yes. If we just go to the top of the first page, we can see that the date of this call is 28 May and the conversation occurs at 7 o’clock in the morning and goes for about two minutes or one and a half minutes. Can you see that?---Yes. Just to put that into context, it was the previous day, it would seem about lunchtime, that you licensed the Harley-Davidson that belonged to Mr Duggan. Is that right?---Yes. And in turn, that was a motorcycle that you had examined on the previous day, that is 26 May, in the circumstances that you’ve described. Towards the end of the call, right at the bottom of the second page, when you said “I’ll put it in the letterbox anyway for you,” what were you referring to at that point of the call?---Giving him the final document.

Which was the document that we looked at?---Yes. Yeah, just to give him his copy. So that’s the document that showed the vehicle had been examined and had passed?---Correct, yes. Having listened to that telephone call does it help you at all to recollect how much it was that you charged Mr Martin for this examination?---A hundred dollars then. Is that the best of your recollection?---Yes. If we go to the bottom of page 1 please, you say towards the very bottom of that page, “I don’t mind doing that for you but normally with these guys I don’t want them – how could I put it, I don’t want them talking, saying that they get done for a hundred dollars, you know, because normally all the other guys,” and then if we just go over the page, “all pay – you know, all pay about 3 or 4 hundred dollars,

you know what I mean.” Who were the “other guys” that you were referring to at that particular point of the telephone call?---Before I answer that can I just say something to the commissioner first, please? THE COMMISSIONER: You may?---First of all - - - You can sit?---First of all I just wanted to apologise for Tuesday and I just wanted to let you know that I’m here to do the right thing and let you know completely the truth and help out in any way I can and I’ve spoken to the gentleman before and I just want to know that if I let you know to the best of my ability but I just need to know that my family and myself are safe. I understand that concern and we will think about how we might go about doing something about that afterwards. I’m not concerned with your previous evidence if you now give


evidence that is true to the best of your belief, I am not concerned that you may have misled me earlier on. You won’t be prosecuted for giving misleading and false evidence if what you say now is completely truthful, and as you know from the notice and as I’m sure Mr Ayling reinforced to you today, you cannot be prosecuted for other offences in respect of anything you have said here. You may or may not be prosecuted for other offences, but nothing you say here can be used against you. I understand completely your concern about safety; that is something we will have to consider. This is a public examination and I intend to keep it as a public examination for the moment, but I may review that decision as things proceed?---Thank you. TROY, MR: Thank you, commissioner. Mr Pintabona, you recall obviously I played you that second of the – or asked you questions about that second of the call where “they all pay about 3 or 4 hundred dollars.” When you were speaking on that occasion to Mr Martin, who were the guys that you were referring to?---Other people of motorcycle gangs who have obviously come to my business or - - - THE COMMISSIONER: I’ve just reconsidered. What I think we should do now is go into private examination and I will consider whether this evidence is released at a later time. TROY, MR: Certainly, commissioner. THE COMMISSIONER: I think that would give Mr Pintabona some assurance about what you are questioning him about. I will adjourn briefly and this will now become a private examination. I would ask all members of the public to leave until we have completed the private aspect of the examination and that persons who may remain include members of the commission, including the contractors recording, but otherwise there is to be no public broadcast of this proceeding until further order.

____________________


TROY, MR: Mr Pintabona, I want to ask you some questions now about your dealings with a Toyota Landcruiser, a dark blue vehicle which is a 2003 model and has the registration 1CVO-800, that you had some dealings with around 8, 9 and 10 June of this year. Do you recall anything about that particular vehicle?---No. I will give you some more details about it in due course, play a call to you to see if that assists, but what I want to do is suggest to you that this was a vehicle that we learned about because Mr Martin – that’s the Leigh Martin that we’ve talked about – gave you a call one evening and asked you if the next day, you could do a car that needed a rego because it had run out. Does that ring any bells? ---Yes. It is not necessary, I don’t think, for me to play this particular call to you but he told that it was a 100 series Cruiser and that he would get the vehicle the next day, do a service, check it out, but he was telling you in this initial phone call that he was pretty sure it was pretty good. Do you remember generally that type of conversation about this vehicle with Mr Martin?---Vaguely, yes. The next day, there was another call between yourself and Mr Martin which I will play to you and then ask you some questions about it. It is call number 1642, T3752. Start of TI transcript, T3752: PINTABONA: Hey Leigh, how are ya? MARTIN: Hey mate, how are you? PINTABONA: Good thanks. MARTIN: Hey uhm, this four-wheel drive man, fuck, I

just had a look at it. PINTABONA: Yeah. MARTIN: It, nah it’s killer, like brand new but the

fucken PINTABONA: Yeah. MARTIN: He sends his missus down ’cos he works in

the mines (sighs) man it’s a fucken head-fuck. She, he’s got, she’s got two kids in the car.

PINTABONA: Yeah.

MARTIN: And she thought I was gunna do it here. I was like nah my mate comes, I take it to his workshop tonight ra ra and she was like oh I can’t, how am I supposed to do that. I’m like hah. So I just put it on the hoist had


a look over the whole car put two wiper blades on ’cos they were rotted away, tyres are like brand fucken new. It’s like, looks like Lorrie’s fucken car. I thought it was

PINTABONA: Okay. MARTIN: Lorrie’s car. PINTABONA: Right. MARTIN: Uhm but she lives in Butler. PINTABONA: Okay. MARTIN: She drove all this way from Butler and then

she’s oh like having a big sad like almost crying because how am I going to get home? Well, I’m not taking you home. She’s oh

PINTABONA: Is the car licensed or not? No. It’s, is

it licensed? MARTIN: No. I said you shouldn’t be driving it and

she said goes yeah my husband just told me. He’s in the, up north and he’s going off his head at me for not paying the rego and

PINTABONA: Oh. MARTIN: Uhm I said oh well. She gave me her rego

papers and shit. PINTABONA: Yeah. MARTIN: Uhm. PINTABONA: Has she got a permit? Can she get up and

just get a permit for two days, ring through, get a permit? Does she know how to do that or is she

MARTIN: I don’t know. She’s got, that’s her only

transport ’cos she’s got two kids and her husband works away four and one.

PINTABONA: Mm. MARTIN: (laughs) Oh fuck. It’s one of uhm Shrek’s

mates. PINTABONA: Shrek’s mates.

MARTIN: Yeah uhm Ben. PINTABONA: Oh okay. MARTIN: …… Shrek’s mate.


PINTABONA: Mm. MARTIN: Darren, Darren Raymond his name is. PINTABONA: Oh okay. MARTIN: Merriwa. PINTABONA: Right. MARTIN: Fucken long way away. PINTABONA: Mm. MARTIN: Uhm. PINTABONA: Does, that guy they were talking on the

radio this morning, is that the guy that drives around in that black Toureg?

MARTIN: Oh that was him, was it? PINTABONA: I think so. Is that the one? I think

that’s him. MARTIN: That’s Nick, that’s Nick Martin. PINTABONA: Is it? MARTIN: Yeah. Did he get done? PINTABONA: I think so. They said the boss of the

Rebels Bentley got arrested, got found with cash and drugs.

MARTIN: Fucked. Yeah that’s the one next door to

Briffa. PINTABONA: No, no, Bentley. It said the Bentley one,

chapter. MARTIN: Oh the one next door to Briffa’s Nick, his

workshop next door to Briffa. PINTABONA: Yeah right, mm, oh well. Yeah. MARTIN: Oh well, uhm what do you want to do with the

four-wheel drive? PINTABONA: So, so it, it’s there at the moment and

she’s there sobbing with the kids there is she?

MARTIN: Nah she just left. PINTABONA: What with the car?


MARTIN: Yeah. PINTABONA: What, she walked off, has she? MARTIN: I had it here, oh no, not really walked off

but she had it here for an hour, put it on the hoist, had a look.

PINTABONA: Oh okay. MARTIN: Uhm, had a look over it and she goes what

are you doin’ and I said I want to look over it if there’s anything done, if it needs doin’ you have to book it in but it looks fucken, looks like brand new. She hasn’t even taken the thing off fucken road, another Lorrie’s car.

PINTABONA: Yeah, so what they just forgot to pay the

rego? MARTIN: Yeah, just didn’t pay the rego. PINTABONA: Yeah. MARTIN: It’s been out of rego PINTABONA: Uhm. MARTIN: for six months and she tried paying BPay

last night PINTABONA: Jesus. MARTIN: and it wouldn’t allow her. PINTABONA: Yeah. Well, she should be able to get a

permit and then she’s got two days to drive it without getting’ in the shit, you know.

MARTIN: Yeah I know but how’s she gunna leave it

here? PINTABONA: Eh? MARTIN: How’s she gunna leave it here? PINTABONA: Mm. MARTIN: Uhm. Fuck it’s a fucken head-fuck. PINTABONA: The only thing I can suggest is, all I can

suggest is to help you out of the shit is,

but then she’s still gotta get the papers doesn’t she? You really, yeah, she really needs to do a fucken mod permit, sorry, a permit to drive for two days, you know what I mean?


MARTIN: Well. PINTABONA: That’s what she really needs, she, anyway,

the thing I can suggest is possibly, uh, what do I need? I need, take a shitload of photos for me, get the speedometer.

MARTIN: Yeah. PINTABONA: Get the compliance plates. MARTIN: Yeah. PINTABONA: Tyre size. MARTIN: Yeah. PINTABONA: Uhm, that’s it, and I’ll see if I can

perform some magic. MARTIN: Speedo, tyre size. PINTABONA: Yeah, yeah speedo, tyre size. MARTIN: Compliance plate. PINTABONA: Compliance plates and engine number. Is

that V8 diesel? MARTIN: Oh I’ve got the engine number and everything

here. PINTABONA: Alright. MARTIN: 2UZ. PINTABONA: Yeah but MARTIN: LandCruiser eight cylinder uhm. PINTABONA: Okay. What year’s that one? MARTIN: Uhm, 2003. PINTABONA: Oh it’s, oh it’s an old one. I thought we

were talking about two hundred series or something.

MARTIN: No a hundred. Is this a hundred series?

It’s the start, the first of the hundreds. PINTABONA: Oh right yeah.

MARTIN: Yeah like, like Lorrie’s. PINTABONA: 2UZ yeah.


MARTIN: Like Lorrie’s. PINTABONA: The motor, yeah when you lift the bonnet you

look under that cover the engine number’s right in front of you, right in the middle of the motor, right at the front.

MARTIN: Yeah I’ve got all that here, 2UZ909145. PINTABONA: Yep. I don’t think, they’re fucken

bulletproof those things so yeah. So tyre size, compliance plates.

MARTIN: Well, she’s had it PINTABONA: Engine number. MARTIN: She’s had it since 2005 she said and they’ve

moved house all the way to Butler and everything’s unlicensed, her car, his bike (laughs) their car trailer, their box trailer, everything but the bike.

PINTABONA: Oh okay. MARTIN: I’m pretty sure you must’ve done his bike at

Shrek’s a few weeks ago or about a month ago or something.

PINTABONA: Uhm. MARTIN: Darren, big boy, like goatee on him. PINTABONA: No, I don’t know. He just leaves his bike

there. I know that I did fucken MARTIN: Oh. PINTABONA: a few, a couple there. MARTIN: Unregoed one? PINTABONA: Yeah both were, oh no no, they were all

stickered. MARTIN: Oh okay. Yeah, well he said on the phone

the other day that uhm, yeah, Shrek was gunna do it but he’s selling his shop or something eh?

PINTABONA: Are they? MARTIN: Yeah, the shop’s up for sale.

PINTABONA: I, I was there last night. MARTIN: A hundred, a hundred and forty grand?


PINTABONA: Yeah? MARTIN: Yeah, it’s on Gumtree. PINTABONA: Oh, I went there, I didn’t, no I didn’t see.

Went there last night to uhm, to see them but uhm he wasn’t there, just Josh.

MARTIN: Oh, Shrek wasn’t there? PINTABONA: No, just Josh was there. MARTIN: Oh. Oh I’ll get all this man and even if,

if she could probably drive it up to you tomorrow or the next day so you can just have a quick look too.

PINTABONA: Yeah. Well, what are you gunna tell her?

Are you gunna tell her to get a, a permit? You better just do it for her.

MARTIN: Yeah, I’ll ring up. PINTABONA: Do it for her and just charge her mate then. MARTIN: Yeah. I’ll, I’ll get, I’ll get all this

info for ya then and send it to ya. PINTABONA: And then, and then yeah I can bring it down

to you, you know, this afternoon or whatever if I get it all through.

MARTIN: Yep. PINTABONA: Uhm, uhm, yeah, I suppose, you got, no you

haven’t got your trade plates yet, haven’t ya?

MARTIN: Nah. PINTABONA: You could’ve put them on there. Because

it’s unlicensed you could’ve put them on there and drove it up but, yeah. Mm. Yeah, we got to worry about fucken other people’s fuck-ups but anyway send me all that, send me all that and we’ll work something out.

MARTIN: Yeah, alright. PINTABONA: Okay? MARTIN: Alright. No worries.

PINTABONA: Thanks mate. I’ll see ya. MARTIN: Okay, see ya. PINTABONA: Cheers bye.


End of TI transcript. TROY, MR: Mr Pintabona, that was obviously quite a lengthy telephone call?---Yeah. It’s between you and Mr Martin and having listened to that seven or eight minute call, do you now remember participating in it?---Yes. If I could just take you to page 5 of the transcript of the call, please, and just to put it into context before I ask some specific questions, what appears to be the position up to this point of the telephone call is you and Mr Martin discussing the situation that he is describing and exchanging views perhaps as to what to do about it. The vehicle that is being discussed during this conversation, had you seen that vehicle at this stage, that is at the time of this conversation?---I would say no. You begin to ask Mr Martin for some details in respect of the vehicle. Is that correct?---Yes. You say to him that you asked yourself a question, “What do I need,” and then you say “I need you to take a shitload of photos for me, get the speedometer.” Can you see that? ---Yes. And you also ask for details about the compliance plates and the tyre size. Is that right?---Yes. This is in respect of a vehicle that you haven’t seen at the time of this conversation?---Correct. And then you say to Mr Martin, “I’ll see if I can perform some magic”?---Yeah. When you said that, that is “I’ll see if I can perform some magic,” what did you mean by that?---As far as filling out all the correct papers and going by his trust and try and help this lady out.

So you were still, I think, at the end of this phone call waiting for some further information from Mr Martin in answer to your questions, but as you spoke to Mr Martin during this conversation you were contemplating, were you, passing this vehicle although you didn’t expect that you would actually see it?---Correct. This is I think the one and only one that this has ever happened, that I’ve never seen. I think I was just trying to work on helping the lady out. This was a conversation that occurred, that started at four minutes past 9 and if we look at the very last page, page 8, you can see towards the top Mr Martin says, “Yeah, I’ll – I’ll get – I’ll get all this info for you then and send it to you.” Can you see that?---Yes.


That can be taken off the screen thank you, and then if we could display please 0274. What’s before you now, Mr Pintabona, is a number of pages which are a printout of text messages that are exchanged between various people but including yourself we’ll see in just a moment, and bearing in mind that the conversation we just listened to was at four minutes past 9 on the morning of 9 June, can we scroll down please to the page that has the entries for 9 June, and just to help you put things into context, Mr Pintabona, we can see that there is a reference to a call number, which I can tell you is the call I’ve just played to you, at 9.04 am between yourself and Mr Martin and then two hours later at five minutes past 11 on the same morning there is a text from you that says, “Any pictures coming through?” Can you see that? ---Yes. Then it seems that in the next 20 minutes or so Mr Martin sends through to you two images that end with those four-digit numbers 0281 and 0282. Do you remember now what images it was that Mr Martin sent through to you?---Not particularly but I’d say it would be possibly compliance plates. We’ll just put the images up if we can briefly, so there’s 0281 and this is an image of a licence and third party insurance policy that relates to this particular Landcruiser. Can you see that?---Yes. By the handwriting on this document it would appear that it has expired as of September 2014. Do you remember getting that information from Mr Martin?---No, but obviously it relates to the Landcruiser. That can be taken off the screen and then the second image is 0282. Does that appear to be a photograph of a Landcruiser? ---Yes. Does that appear to be a photograph that was sent to you by Mr Martin on this particular morning?---I can’t recollect it, but obviously that’s a Landcruiser so - - - That can be taken off the screen and if we just put the text message 0274 back on please, we can see, we’re on 9 June, that between 1.44 pm and 4.59 pm you and Mr Martin exchanged some text messages that are set out there. Can you see that?---Yes. You asked some questions and Mr Martin answers those questions by responsive text messages. Is that right?

---Yes. Obviously at the time that you’re exchanging these text messages you did not have that vehicle before you?---No.


That can be taken off the screen. That’s 9 June. The following day, 10 June, there are further telephone calls and it might not be necessary for me to play them to you but I just want to summarise them and see whether you agree with what I’m suggesting. You spoke to Mr Martin the following day, shortly after 9 o’clock in the morning. Agree?---Yes. Do you remember if you were asking him whether the gas had been removed from this particular vehicle, from the cruiser?---Possibly, yes. Do you remember if you said to him in this particular conversation that your wife would drop “it” off at about lunchtime, “it” being a reference I’d suggest to the necessary paperwork?---Yes. Did you tell Mr Martin that the cost would be a couple of hundred?---Yes. Then about 20 minutes after that do you remember if you had a further conversation with Mr Martin in which you told him that this particular vehicle had, as you described it, been over the pits about three months before. Do you remember saying that to him?---No, not – no, not really but - - - I’ll play that call and just identify it for you. If I can play please call 1738 which is T3754. Start of TI transcript, T3754: MARTIN: Hey man. PINTABONA: Sorry to bother you mate. Has that car

still got its plates on it, CVO MARTIN: Yeah. PINTABONA: eight hundred. MARTIN: Yep, yep. PINTABONA: Okay. That thing expired fifteenth of the

ninth last year. MARTIN: Yeah, six months he said. Fucken PINTABONA: Three MARTIN: more than six months. PINTABONA: nine months. MARTIN: Nine months. PINTABONA: So it’s still got the plates on it, CVO


MARTIN: Yeah, it’s still got the plates on it. PINTABONA: Did they tell you that they went over the

pits? MARTIN: The car? PINTABONA: Yeah. MARTIN: No. Has it been? PINTABONA: Yeah. It went over the pits, uhm, three

months ago. MARTIN: And what happened? PINTABONA: I’ll just show you in a minute, uhm, it went

over on, in March this year. MARTIN: Yeah. PINTABONA: And it was picked writing, UHF to be fitted

and secure. What’s that radio CB or something is it?

MARTIN: Yeah, CB radio, yeah. PINTABONA: Has that been removed or is it MARTIN: Oh dunno. Didn’t even, I didn’t even look

inside it. PINTABONA: Park lights to operate correctly. MARTIN: Yeah. PINTABONA: Number plate lights to operate correctly. MARTIN: Yeah. PINTABONA: Washers to operate correctly, rear. MARTIN: Yeah. PINTABONA: Door seals to be fitted and in good

condition. Driver’s door to be fitted correctly and seal around top.

MARTIN: Yeah. PINTABONA: Uhm, rectify sharp edges of bull-bar and

bumper to be fixed. Is there anything on there? Why sharp edges?

MARTIN: Oh, the car came. I looked at all the oil

leaks, tyres, all like the main stuff, you know what I mean?


PINTABONA: Yep. MARTIN: I didn’t, didn’t know it went over any of

the, they never said it went over. PINTABONA: Yeah, great isn’t it? All tyres to be

roadworthy, left-hand MARTIN: Yeah yeah tyre PINTABONA: front. MARTIN: Tyres are sweet on it. PINTABONA: All tyres are good, yeah. MARTIN: Like they’re, they’re like, they’re

Goodriches or something on it. PINTABONA: Mm. If you get a chance do you want to

check those other little things or? MARTIN: Yeah. I’ll have to get it back but, I’d

have to ring her. PINTABONA: Oh, okay. MARTIN: I’ll have to get it back when I, yeah, I

haven’t really got time today to even look at it. I’ve fucken got a cunt of a job on right now I’m tryin’ to fucken fix which I don’t think I’m gunna get it.

PINTABONA: Oh, okay. It’s obviously park lights and

number plate lights and rear washers. MARTIN: Yeah, yeah. PINTABONA: And the door seal. Did it look like it was

in good nick or does it look shit? MARTIN: The door seal? PINTABONA: Yeah, how was MARTIN: Oh I couldn’t PINTABONA: the door seal? MARTIN: Couldn’t say to you man. I don’t like, I

didn’t even really look at somethin’ like that, you know what I mean? Like I didn’t

PINTABONA: Mm. MARTIN: Didn’t know I had to look at that because

they never fucken told me it went over and


PINTABONA: Mm. MARTIN: it got done. So no, I wouldn’t have a

fucken, wouldn’t have a clue what the door seal looks like.

PINTABONA: Oh okay. Mm. Do you to put it on hold or

take a photo of it and send it to you? MARTIN: Yeah, if you can. PINTABONA: Yeah. I’ll take a photo of it and I’ll send

it to you and then MARTIN: Yeah. PINTABONA: I might cancel it or whatever, or just put

it on hold. MARTIN: Yeah. Do that bro. PINTABONA: Make sure everything’s yeah, done right. MARTIN: Make sure, fucken sweet. PINTABONA: Fucken …… I tell ya. Yeah. MARTIN: Dog cunts. PINTABONA: ’Cos they’re gunna ask me MARTIN: Yeah. PINTABONA: are these other things all rectified, you

know? MARTIN: Yeah. Sweet, man. I’ll uhm PINTABONA: Okay? MARTIN: Yeah, send us, send us the pics bro. PINTABONA: Yeah okay. No worries. MARTIN: Thanks. PINTABONA: Thanks mate. See ya. End of TI transcript.

TROY, MR: Mr Pintabona, again, that’s a conversation between yourself and Mr Martin. You agree?---Yes. Sorry, I have ask you to say yes?---Yes. The transcript won’t pick up if you nod your head. Having now listed to that conversation, do you recall it


happening, that is do you recall that conversation with Mr Martin?---Yes. It’s a conversation on 10 June at 9.26 in the morning. The additional information about this particular vehicle that you are obviously provided to Mr Martin in this call, do you remember where you got that information from?---It wouldn’t been on the DOT website. So if a vehicle had been inspected and had failed that inspection, you would be able to go onto the computer and obtain the details of that?---Yes. Would that be from the general website that would be available to the public, or would it be necessary to use the TRELIS system to obtain that information?---The TRELIS system. If we just look at page 4, I just want to ask you about two things that appear there. You said to Mr Martin, “Yeah, I’ll take a photo of it and I’ll send it to you.” Do you see that?---Yes. As we will see in just a moment, you did send an image to Mr Martin almost immediately after this phone call. What was it that you provided to Mr Martin in terms of the photo?---It must have been a picture of the previous work list on the screen. The second thing is that when you said, “I might cancel it”, or whatever, or “just put it on hold”, what were you referring to at that particular point?---I would say the inspection that I’ve done. So at this particular time, which is at 9.26 am, it hadn’t been put into the system as a vehicle that you had inspected in the past. Is that correct?---Yeah, correct. THE COMMISSIONER: Can you sort of put in some details and then just wait for some time and finish it off?---Yes. Or do you have to complete it in the one session? ---Normally, they’d like everything completed by the end of the day, so you have that discrepancy that if you start something in the morning and sometimes it may need some tyres, so you let them go away and try and get it done within the day and finish it by the end of the day. Thank you. TROY, MR: Thank you, sir. Is it possible, Mr Pintabona, that what was happening at

this particular point in time was that you had commenced the process of entering the details of this vehicle into the system, but had paused for a while at least, because you had become aware of the fact that it failed inspection some three months earlier?---Obviously, I’ve learnt that


they’ve been lying to me and the information I’ve been told is incorrect. And then you discuss that, of course, with Mr Martin in his phone call?---Yes. If we could remove that document and put the text messages back up, 0274. We see before 10 June, Mr Pintabona, that the call that I’ve just played to you is at 9.26, then there is a text message at 9.30 am, so straight after that call an image is sent from you to Mr Martin, 0283. Do you see that?---Yes. I’ll display please 0283. That’s the image that you sent by text message. Does that appear to be an extract from the screen which gave you the information that you have just told us about?---Correct. Thank you. That can be taken off the screen. Then about an hour and a half after that do you recall that Mr Martin spoke to you by phone and reported on certain investigations that he had made concerning this car? ---Possibly. I will play please call 1741, T3755. Start of TI transcript, T3755:

PINTABONA: Hey Leigh, how are ya?

MARTIN: Hey mate. Hey, I just spoke to his wife.

PINTABONA: Yeah?

MARTIN: She’s gunna send the form in where she got

done by Auto Masters in Joondalup.

PINTABONA: Yeah?

MARTIN: All the work, there’s almost three grand’s

worth of work she said and then they were

supposed to take it to some joint in

Joondalup after that and they never ended up

takin’ it ’cos it was never fucken open.

PINTABONA: Oh okay.

MARTIN: So they got two front seat belts, she said,

four tyres, all the lights to work.

PINTABONA: Yeah.


MARTIN: Uhm, they had to put a new seat, driver’s

set in ’cos it was ripped.

PINTABONA: Okay.

MARTIN: And it’s goin’ to Shrek’s next week to get

the roof painted ’cos apparently the clear’s

comin’ off or some shit she was sayin’.

PINTABONA: Oh okay.

MARTIN: Yeah. So she’s gunna send it through. If

she can’t find it she’s gunna drive there

and get another receipt and send it to me.

PINTABONA: Okay ……

MARTIN: Did you see the door seal?

PINTABONA: Yeah. They put two brand new ones on the

front.

MARTIN: Good, good, good.

PINTABONA: Yeah. And what else was on that list?

MARTIN: Uh front

PINTABONA: Uhm.

MARTIN: Front rear, all the lights, she said, they

just put new globes in.

PINTABONA: Yep.

MARTIN: Uhm there was a fray on the

PINTABONA: ……

MARTIN: Fray on the seat and they put a new driver’s

seat in and then they put four brand new BF

Goodriches on it.

PINTABONA: Yeah, good. Okay.

MARTIN: There’s about two thousand seven hundred and

somethin’ bucks worth of work, she said.

PINTABONA: Yeah.


MARTIN: And they were supposed to take it to some

pits in Joondalup and they never ended up

takin’ it there.

PINTABONA: Oh okay.

MARTIN: Yeah.

PINTABONA: Right. Okay. Let’s go.

MARTIN: I’ll, I’ll get her to send the form through

anyway.

PINTABONA: No worries. Thanks mate.

MARTIN: Cheers. See ya mate.

PINTABONA: Yeah, thanks mate. Bye bye.

End of TI transcript. TROY, MR: Mr Pintabona, is that conversation between yourself and Mr Martin?---Yes. Just to clarify one aspect I think, if we just look at page 2 please. We can see that, according to this written transcript, there is a question asked by Mr Martin, according to the transcript, which says, “Did you see the door seal?” Then there is a response said to be from you. If we listen to it, it was actually you, wasn’t it, that said, “Did you see the door seal” and it was Mr Martin who responded?---Yes. Would you agree with that?---That’s right. Then again, it’s you that says, “Good, good, good” and then you continue and there’s then discussion about what else was on that list?---Mm. If we look at the first page of the transcript, we can see that the conversation ends at 10.59 in the morning. Can we see that?---Yes. If that can be taken off the screen. Then if we display please 0180. Is that the certificate of inspection of this particular vehicle?---Yes. Is all of it filled in by you?---Correct. Does it bear the date 9/6/15 in terms of when the vehicle was said to have been presented?---Yes. Thank you. That can be taken off the screen, and then if we can display 0284.


This is an extract from the computer screen of the department. It’s referring to this particular vehicle, as you can see, the Landcruiser with the registration plate 1CVO-800. If you look at the entries, you can see, right at the bottom, for 10 June 2015, at the time, 11.03.36 VIS submitted by yourself as an examiner?---Yes.

That would appear to be the time that you inputted the data into the system, indicating that the vehicle had passed inspection?---Yes. That would be, according to this, some four minutes after the conversation you had with Mr Martin that I played to you?---Yes. That can be taken off the screen. Now I’ll move away from that vehicle and ask you about a particular trailer for a boat. Do you know a person called Ben Fullgrabe?---Yes. Does he have the nickname Shrek?---Yes. In June this year did you have some discussions with Mr Fullgrabe about a trailer for a boat that he was either buying or had bought?---Yes. Did you understand it was a trailer that he was buying himself or that it was someone he knew was buying it? ---There was a boat attached to it as well. So there’s a boat and a trailer?---Yes. Was it a boat and a trailer that Mr Fullgrabe was buying or was it someone he knew that was buying it?---I’m not too sure. One or the other, I’m not too sure. Did you at some stage physically have a look at the trailer that either Mr Fullgrabe was thinking about buying - - -? ---Yes.

When you looked at it was it the case it did not have any registration plates on it?---Yes, I think he, to my memory, said could you check it out and see – do some checks on it and I think I got some details and I think it was reported stolen. I don’t want to spend too much time with this particular item but I’ll just go through that with you. You were asked by Mr Fullgrabe to check out this particular trailer?---Yes. You in the first instance went and looked at it?---Yes. It did not have any registration plates on it. Is that right?---Sorry, I cannot remember if it had plates on it. Do you remember if when you went to look at it you were


able to obtain the VIN number from it?---I must have been able to, because that’s the only way I think that you can check its history. If that’s the case, if you were able to obtain from visually inspecting the VIN number, in order to find out whether it was stolen or not did you then enter the VIN number into the TRELIS system?---It would have been TRELIS or sometimes I use the PPSR. Does that stand for the personal property security register?---Yes. The Department of Transport have information that you commenced to enter data into TRELIS in relation to this particular trailer on 10 June 2015, Mr Pintabona. Did you do so in order to obtain some information as to whether the trailer was stolen?---Possibly, yes. Did you then relay to Mr Fullgrabe the fact that you had discovered that the trailer was stolen?---Yes. Did you then remove the inspection that you had initiated with TRELIS from the system?---I would say so, yes. Can I ask you briefly about another vehicle, a Daewoo Lanos?---Yes. If that’s the correct pronunciation. Do you remember if in June this year you became aware through a person called Mario that this particular vehicle had been issued with a yellow sticker?---Yes. Were you asked by Mario to have a look at it?---Yes. I can play you the call if necessary but is Mario someone you know?---Yes. Is that right?---Yeah, correct. Yes. Is he either the owner or an employee of a mechanical business in Bayswater called Auto Italia?---Correct. Having been told that afternoon at about 3.25 pm on 17 June of the fact this Daewoo had got a yellow sticker, did you go to Mario’s premises that night?---Yes. Did you examine the vehicle at Mario’s premises?---Correct, yes. As a result of that examination did you pass it?---Yes. You entered the data into the TRELIS system, recording an

examination of a vehicle the following day?---Correct. Do you know a person who runs a business called GT Hi-performance in Malaga?---Yes.


Is his first name Antonio?---Yes. And his second name begins with a B, Barto - - -?---Yeah, a long – long name. Yes, that’s why I’m asking you if you know it?---Not – not properly. Do you know the person I’m talking about?---Yes. Would you know him as Tony?---Yes. In July this year did you have some conversation with Tony about examining a variety of vehicles that he told you about?---Yes. I think there was a Citroen?---Correct, yes. And a Mitsubishi Triton ute?---Yes. A trailer?---Yes. A Holden Commodore?---Yes. Were these all vehicles that over a period of about eight days or so, between 21 July and 29 July, you examined at their owners’ premises?---Yes. In each case you were able to pass the vehicle and enter it into the system?---Yes. In respect of each vehicle you received a cash payment that you agreed by telephone with Tony?---Yes. I can play you the call if necessary but I think what occurred was you agreed that in relation to a Holden Commodore which was passed by you on 27 July, you agreed to a price of $250?---Yes. In relation to a Mitsubishi Triton which was passed by you on 24 July, you agreed to a payment of $100?---Yes. In respect of a Chrysler Valiant which you passed on 29 July, did you agree to a payment of $200?---Correct. In respect of a Citroen that you inspected, passed on 21 July, a Citroen C4 model, do you remember what agreement you came to as to how much you would be paid for that, or not?---I would say 150 or 200 dollars. And in each case that fee that was being paid to you reflected you going to the premises, looking at the vehicle, deciding that it was suitable to pass and doing so?---Correct.

I want to ask you about some other vehicles. Do you know a person called Sandy?---Yes, taxi owner. So he’s a taxi - - -?---I think he owns a taxi.


Was he someone that you had some business dealings with because occasionally, he would present taxis to your premises?---Yes, and some normal vehicles as well. And some normal vehicles?---Yes. Do you remember if in May of this year, you agreed to pass a vehicle that he had presented to you, despite the fact that it had a lot of things wrong with it? Do you remember that?---Vaguely. I will play a particular call to you. It’s call 542, T3873. Start of TI transcript, T3873: Sandy: Just a moment Troy, yeah? PINTABONA: Sandy, who Sandy: Yeah. PINTABONA: did you check this car, who checked this

car? Sandy: He’s told me he’s go to mechanic and fix it there. PINTABONA: Who did? Sandy: Ah, it’s a John in Mayland. PINTABONA: Well he’s, he must be fucking blind. There,

the both front upper control arms are fucked on this thing. It’s all got, moving on it badly. You know the top upper control arms? It looks like he’s done the bottom ones and the ball joints but the front ones, the top upper are all worn.

Sandy: Okay. PINTABONA: The power steering hose is leaking, oil

pressure switch is leaking Sandy: Okay. PINTABONA: and it’s got coolant leaks, and the

headlight needs polish on the right hand front. But the front upper control arms are all had it. You know the top of the wishbone, its all

Sandy: Yeah. PINTABONA: moving in and out, it’s had it. They’re

flogged out.


Sandy: Okay. Fuck. PINTABONA: Mm. Sandy: Can you PINTABONA: So what it’s gonna do is, just chews, it’s

just all that’s gonna to do is chop out the tyres really quick.

Sandy: Pardon? Yeah. PINTABONA It’s going to chop out the tyres really

quick, you know? Sandy: Yeah, can you do pass so I can fix it in

Monday with you, please? This time please. Next time I fix my car before that. I look after

PINTABONA It’s all the same time. It’s just all the

same time. Every time he comes here there’s always you know, the stuff that needs doing all the time, you know.

Sandy But I fix it. I show you everything. Last,

last week, last car I fix, you fixed it and passed. This time you do that and Monday I will come back.

(Pause) Please. PINTABONA (Sighs) Sandy Troy. PINTABONA: Mm, well. Sandy: Oh please, yeah? PINTABONA Yeah well I want to see, I wanna see it, you

know what I mean? It’s gotta get done Sandy: Yeah. PINTABONA: because if it doesn’t get done, it’s not

going to happen ever again, you know? Sandy: No, no I just done so it, it will, I will

pass again, otherwise not okay? PINTABONA: Mm. Sandy: On Monday I will show everything.


PINTABONA Yeah. Sandy: Whatever you want PINTABONA: I’ll write, well I’ll write a, I was, I’ll

write a list Sandy: You write down PINTABONA: and give it to him. Sandy: yeah give it to him okay. PINTABONA Okay, see ya mate, bye. Sandy: Alright then, thanks, thanks a lot Troy. End of TI transcript. TROY, MR: The person who you were speaking with in that phone call, that’s Sandy, who’s the person that presents taxis and other vehicles to you?---Yes. Having played that call to you which goes back to 15 May, do you remember now that conversation?---Yes. And this is a conversation that I believe occurred on a Friday, that is 15 May, in the early afternoon just before quarter to 2. When you had this conversation, were you at your premises?---Yes. The vehicle that is being discussed in this conversation, where was the vehicle at the time that you had this conversation?---I would say it would be on the hoist. At your premises?---Yes. Do you remember what type of vehicle it was?---I would say it’s got to be a Ford Falcon. In the conversation with Sandy, do you point out a number of things that are wrong with the vehicle?---Yes. Having listened to that conversation, what did you agree to do?---Best of my memory, I think that the car would have been obviously expired that day, because I think every 12 months taxis have to be inspected. Yes?---And he reckoned that he’d had previous work done by his mechanic. Is that the mechanic that you said must be blind?---Yes,

and – yes, obviously it must have been either on that – it must have expired that day, the taxi, had to be inspected. Because taxis have to be inspected every 12 months, I think, don’t they?---Yes.


So it expired that day. As a result of what Sandy said to you, what did you agree to do?---I think to the best of my memory that I might have passed it, hoping that he comes back and gets those other things done in a few days. In that regard, I think he was assuring you, was he, that he was going to come back and fix it by Monday?---Yes. And you passed the vehicle on the basis of his assurance that the defects which you had identified would be rectified by him by the Monday. Is that correct?---I think so, yes. Do you happen to remember if this particular vehicle was re-presented to you on the Monday or some subsequent day in a satisfactory condition?---I cannot be too sure. But it was a taxi?---I think so, yes. Do you know a person called Kim?---Yes. Was he also someone that you looked at taxis that he presented to you?---Correct. Can I ask that call 308, T3872, is played, please. Start of TI transcript, T3872: Part Conversation 13:14:28 to 13:15:29 Kim: Troy how are you? PINTABONA: Yeah good mate good, flat out, flat out. Kim: Flat out, flat out. PINTABONA: Yes, Mate this taxi I’ve passed it but I’m

gonna send him back to you Mate he Kim: The old one yeah. PINTABONA: yeah the right hand front inner guard liner

needs to be replaced Kim: Yep. PINTABONA: the one that concerns me the most is the

transcooler line is been fitted like shit, it’s bad and it’s dangerous, it’s too close to the harmonic balancer

Kim: The harmonic balancer (laughs)

PINTABONA: and it’s, it’s not very good it’s gotta be

redone and it’s, it’s already hit something because it’s got a big kink in the line so you need to look at that straight away. Uhm


and the lower engine cover to be fitted you know the one underneath I think that protects the radiator and all that maybe, maybe fit one of those again and it

Kim: Yeah. PINTABONA: might be worth doing an engine wash on it

cause it’s filthy, you know? End of TI transcript TROY, MR: Mr Pintabona, that’s a conversation between yourself and somebody called Kim. Is that right?---Yes. On 8 May of this year and do you tell Kim in that conversation that you have passed the taxi?---Yes. But do you identify some difficulties with it?---Yes, a couple of little minor things. Well, you said that there are things that concern you the most and you said “It’s been fitted like shit, it’s bad and it’s dangerous”?---The transcooler line? Yes?---Yes. It doesn’t sound terribly minor, Mr Pintabona, does it? ---Yes, it’s - - -

Why did you pass this particular taxi, despite the difficulties that you have identified in this phone call? ---I know for a fact if I sent it back to Kim he would definitely look at it. And fix it?---Yes. Do you remember if you ever saw this vehicle again after you passed it?---I can’t be too sure; he might have brought it back, or I might have popped in there on the way home.

But you don’t know?---No. Do you know a person called Matt or Matthew Noor, N-o-o-r? ---No. If I said that he was a person who has on occasions presented limousines to you to look at, does that assist you at all?---Possibly. If I was to say that his name, his given name at least, is Moustaffa, would that assist?---Yes. Do you remember if you had a discussion in July of this year, 20 July, with Mr Noor about a number of vehicles, but in particular about a limousine that he provided details to you? Does that ring any bells?---No, maybe a Chrysler? A Chrysler.


I will see if I can assist you by playing a call. It’s call 3588, T3877. Start of TI transcript, T3877:

PINTABONA: Hello.

NOOR: Hey Troy, how are ya goin’ man?

PINTABONA: Hey, how are you Matt?

NOOR: Yeah, good yourself?

PINTABONA: Yeah, good thanks good.

NOOR: Good. Uhm I

PINTABONA: Very busy this morning.

NOOR: Sorry, er, er.

PINTABONA: So do you need both those done or do you

want the other Jeep done that, urgently?

NOOR: Er no, they can be done at the same time.

I’m just calling to give you the uhm

PINTABONA: Yeah.

NOOR: er details of the limo for you if you want

to take it down.

PINTABONA: Oh okay, yeah.

NOOR: Yeah.

PINTABONA: Okay uhm okay. Alright. What, o you have

uhm, alright. What was, what have you got

there, you got the tyre size, is that right?

NOOR: Yeah, I got the tyre size but I don’t have

the rego paper in front of me.

PINTABONA: Yeah good okay.

NOOR: Yep.

PINTABONA: No rego. Okay. So the tyre size?

NOOR: Er, they all, all of them are two hundred

and sixty-five slash forty-five R twenty.


PINTABONA: R twenty, okay. And kilometres?

NOOR: Er, sorry?

PINTABONA: The kilometres on the clock?

NOOR: Er, it is forty-nine thousand five hundred

and eighty-five.

PINTABONA: Forty-nine five?

NOOR: Eight five.

PINTABONA: Okay. And the rego on that one?

NOOR: Er, with the tyre size is that correct? Is

that the details you need for parts?

PINTABONA: I think so. Do you have an old uhm, an old

inspection report? You know the old uhm

inspection reports, the annual?

NOOR: Yeah.

PINTABONA: Do you have the, one of the old ones?

NOOR: Uhm, I’ll have a look.

(Rustling noises and telephone ringing)

NOOR: Yep, I’ve four there.

PINTABONA: Yeah. Okay. So uhm what was the number

then, MR?

NOOR: Is this is for the tyre size, right?

PINTABONA: Sorry, this is for the

NOOR: Tyre size?

PINTABONA: No, this is for the old inspection uhm,

number, that way I suppose I can trace it.

NOOR: Oh, okay.

PINTABONA: Do you have the MR number, top right-hand

corner might be an MR number.

NOOR: Yep, yep, yep, MR one two eight


PINTABONA: Yes?

NOOR: six one nine seven.

PINTABONA: Six one nine seven. That was the last one,

was it, that I did?

NOOR: Uhm, this is, no. That was done by Joe for

me. Let me find another one.

PINTABONA: Okay.

(Rustling noises)

PINTABONA: What was the registration on that one?

NOOR: The registration SCV

PINTABONA: Yes?

NOOR: one two five six.

PINTABONA: One two five six, okay.

NOOR: I can’t find the uhm, I can’t find the old

uhm, I can’t find the old, the last one that

you did.

PINTABONA: Okay. I might be able to

NOOR: Uhm er

PINTABONA: I should be able to uhm, I should be able to

trace it.

NOOR: Yep.

PINTABONA: I should be able to trace it with that old

number anyway.

NOOR: Okay, awesome.

PINTABONA: Okay, and what was the uhm, do you have the

chassis VIN in front of you? That way if I

can’t I’ll chase it through the chassis VIN.

NOOR: Yeah, of course. Er, the uhm, the VIN is

one C three.

PINTABONA: One C three, yes?


NOOR: H nine E

PINTABONA: Yes?

NOOR: three H four

PINTABONA: H four, yes?

NOOR: seven Y five.

PINTABONA: seven one five?

NOOR: Y.

PINTABONA: Oh, Y, yeah.

NOOR: Yeah.

PINTABONA: Seven Y five, yes?

NOOR: Two six six one zero.

End of TI transcript. TROY, MR: Mr Pintabona, in that call that has just been played, it would appear to be the case that details of what’s described as a limo are provided to you by Mr Noor? ---Yes. You agree? At the time that these details have been provided to you about that vehicle, the limo, is it the position that you had not seen that vehicle?---I think I was preparing myself for when the vehicle comes, because there was a period that we spent quite a bit of money on the front end of this vehicle, so I think we have done a few repairs and then the annual inspection was due.

Did you ever see that vehicle?---Yes, I saw it numerous times. It came to the workshop, did repairs on it. But in relation to this particular time, which is 20 July, because as you will see you passed it in the system at around that time?---Right. Did you see it at that stage or are you saying that you had seen it on previous occasions?---I’ve seen it on previous occasions. I’m not too sure about that one, whether - - - Because if you were, if you had had it or were about to see it around about the time of this call, 20 July, the details

that were being provided to you, such as the kilometres on the clock would obviously have been details that you would be able to see for yourself by a physical examination of the car. Would you agree?---Yeah, true.


Do you know why this vehicle would have needed to be examined?---Possibly for an annual inspection. Because of the nature of the vehicle?---Yes. This is a conversation we can see that occurs on 28 July concluding at 13.30, so 1.30 in the afternoon. If I could ask that document 0242 is displayed. You can see that the person presenting the vehicle is given as Moustaffa Noor on 22 July 2015. Can you see that?---Yes.

And the vehicle is described as a Chrysler 300C stretch limo?---Yes. Is this a form that was filled out completely by you? ---Yes; my writing, yes. On the second page, if we can look at that, at the bottom, we have your signature and your examiner number?---Yes. This was a vehicle that, according to this document, you had inspected and passed as of 22 July of this year?---Yes. It’s a vehicle you say that you had seen previously. Is that right?---Yes. But you cannot say whether you actually saw it at about this particular time, that is the period 20, 21 and 22 July?---Yes, correct. Do you know a person called Tony Raphael?---Yes. Do you know a person called Joe Napoli?---Yes. Do you remember if in July and also in August of this year, you spoke by phone with Mr Napoli and agreed to go down to his place to look at certain vehicles that he told you about?---Yes. And one of them, I think, was a 100 series Landcruiser that

a cousin of his had bought?---Yes. It seems from a conversation that the cousin had forgotten to pay the stamp duty and that meant that the registration couldn’t be paid until the stamp duty had been paid. Do you remember that?---Yes. Did you agree that you would examine that vehicle for a couple of hundred dollars?---Yes. And did you do so?---Yes. On 14 August of this year, did you also speak with Mr Napoli and agree to visit him in order to look at a vehicle that belonged to his brother-in-law?---Yes. What type of vehicle was that?---Was it a motorcycle?


It was a?---Was it a motorcycle, was it? It’s described as having a big 300 on the back, if that helps?---Sorry, a? Perhaps I’ll play the call. It might be easier, rather than trying to inexpertly summarise it. If I could ask that call 4881, which is T3871, is played, please. Start of TI transcript, T3871: Part Conversation 18:13:59 to 18:15:29 PINTABONA: I know Sunday’s going to rain, so I might

pop out there tomorrow okay, I’ll give you a call and pop out there tomorrow.

NAPOLI: Yeah but what I’m saying to ya, if you’re

out and about PINTABONA: Yeah. NAPOLI: Come PINTABONA: Yeah. NAPOLI: Uhm, come past, but it’s just for the bike,

I don’t want to put you out I‘d rather come to your house you know what I mean, not to put you out you know?

PINTABONA: No, no I’ll be out there, I’ve got a few

people I’ve got to go see out that way anyway. So I’ll come and see ya, I’ll give you a call.

NAPOLI: What time you do you reckon? PINTABONA: What’s good for you? NAPOLI: Oh whatever you tell us, that’s all. PINTABONA: Okay. NAPOLI: We’ll, whatever you PINTABONA: I’ll, I will check my plan, I’ll give you a

call in the morning, I’ve got a few things to do in the morning, so it’ll either be like 11 o’clock or

NAPOLI: 12 o’clock yeah.

PINTABONA: or, or it will be like one o’clock or four o’clock, something like that you know so I’ll just plan out my day tomorrow

NAPOLI: Yeah, if we do it after, you know what, if


worse comes to worst give me a buzz and we’ll come where you are you know what I mean?

PINTABONA: Okay, no worries. NAPOLI: Uhm that way we’re not stuffing you around

and also if, just in case you’ve got to go out somewhere but

PINTABONA: Yeah. NAPOLI: Yeah. Just let me know what you, what you

reckon you gonna want for it? PINTABONA: (Pause) Oh, it’s your brother-in-law is it? NAPOLI: Yeah, yeah, yeah. PINTABONA: Yeah, has he got the big three-hundred on

the back or the ten (Background noise) PINTABONA: two-fifty or the two-hundred? NAPOLI: I think it’s got the normal white tyre you

can put on it. PINTABONA: The two-fifty? NAPOLI: I think so yeah. PINTABONA: Okay hmm. NAPOLI: It’s all, it’s all stock as, there’s nothing PINTABONA: Yeah. NAPOLI: there’s nothing like Anthony’s, no way. PINTABONA: Hmm. Nah (laughs) yeah that’s alright. I

don’t know what you reckon three or four something like that?

(Pause) NAPOLI: I don’t know you tell me. End of TI transcript. TROY, MR: That’s a conversation that occurred on 14 August 2015. Does that refresh your memory?---Yes.

What particular vehicle or bike were you discussing with Mr Napoli in that call?---That was his – that was his brother-in-law’s motorcycle.


And it needed to be inspected, did it?---Yes. It got a sticker for the licence plate being too far up angle. Did you go and examine the motorcycle?---Yes. And were you able to pass it?---Yes, everything was stock standard. Did you agree with Mr Napoli that the price would be of the order or three or four hundred dollars?---Yes. Thank you. That can be taken off the screen. I asked you about Tony Raphael, who you said you knew. How long have you known Tony Raphael for?---Since I think early this year, maybe six months. Do you have any business relations with him?---I’ve done a few car repairs for him and he’s bought (sic) me a few motorbikes. To be repaired or to be examined?---Both. That has been this calendar year?---Yes. As we saw right at the very start, Mr Pintabona, your contract with the Department of Transport goes back to April 2013. When was it approximately that you started to examine vehicles other than at your premises at Crypton Autos?---I would say maybe 12 months, maybe 18 months. 12 to 18 months ago?---I think so, yes. So that would put it back to from the start of 2014 towards the middle of 2014. Is that right?---Yes. Yeah. Was it at about that sort of time you started to accept cash payments from people to inspect their vehicle, which were in excess of the prescribed fees?---Yes. In relation to those two things, that is, examining vehicles other than at your premises and accepting cash payments from customers, was there anything in existence, so far as your relationship with your agreement with the Department of Transport was concerned that stopped you from doing that?---Sorry, could you - - - It was a clumsy question, I’ll rephrase it. I’ll withdraw that question and start again. You had an agreement with the Department of Transport?---Yes. You had an email, I think, at one stage in this year that

advised you that you were not permitted to, you or any other AVE was not permitted to carry out inspections other than on your premises. Do you remember that?---Yes. Do you remember receiving that email? Was there anything


that was in force as you could see that stopped you doing that; that is, stopped you from going to other places to inspect vehicles?---No. Was there anything in force that you stopped you from receiving cash payments from customers in addition to the prescribed fee?---Sorry, can you answer (sic) the question? Was there anything – you’ve told us about the fact that from - - - THE COMMISSIONER: Perhaps we can just go to the contract. It’s either in force or it wasn’t in the contract. TROY, MR: Certainly. THE COMMISSIONER: Noting the time, about how long do you think you will be? TROY, MR: Sir, I was looking to conclude at this point but if you would just allow me one minute I’ll just see if I can clear the matter up. THE COMMISSIONER: Carry on. While counsel is doing that, Mr Pintabona, I understand your evidence is that even though you went to other premises and so forth you examined vehicles, subject to the ones that have been specifically put to you. Were there vehicles you examined that ought to have failed but you nevertheless passed?---No, I always made it a priority that I’d make sure that work was done and sometimes I would not give them the certificate of pass until I’d reinspected it and I was happy that the work was done. TROY, MR: Thank you, sir, and I in fact do not have any additional questions for the witness. That concludes my examination of the witness. THE COMMISSIONER: Mr Pintabona, you will be free to go in just one moment. Do we have any further witnesses today? TROY, MR: We don’t, sir. It’s envisaged that there will be a witness from the Department of Transport to give evidence before the commission when the commission sits again in relation to these inquiries on Friday, 27 November. THE COMMISSIONER: Very well.

(THE WITNESS WITHDREW) THE COMMISSIONER: I adjourn these examinations until Friday, 27 November.

AT 1 PM THE MATTER WAS ADJOURNED ACCORDINGLY

corruption and crime commission … of... · 13/11/15 dioniso, s. xn 7 (public examination) i’ll...

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