Neville Owen’s ties to Kerry Stokes have created more complications for the Crown casino inquiry after Business News unearthed details of a joint venture with Tim Roberts.
Neville Owen’s ties to Kerry Stokes have created more complications for the Crown casino inquiry after Business News unearthed details of a joint venture with Tim Roberts.
The joint venture between one of Mr Stokes’ private companies and one of Mr Roberts’ private companies has signed a development lease with the Shire of Derby-West Kimberley.
It is evaluating the development of a new port facility at Derby.
The joint venture is problematic for Mr Owen because of his connections to the two billionaires.
He is a director of three companies in Mr Stokes’ business network while also presiding over the Perth Casino Royal Commission, where Mr Roberts has appeared as a witness.
Mr Owen told Business News he had no recollection of any association between the Seven West Media chairman and Mr Roberts, other than on a social basis, at the time he made his declaration in the commission.
He did admit, however, that it was something he would have been aware of at the time.
“Now that you have drawn the joint venture to my attention, it is something of which I would, at the time, have been aware but I have no current recollection of details of the ownership structure or the status of the project,” Mr Owen said.
He also claimed that he had never had any dealings with Mr Roberts.
The news will add to concerns that Mr Owen’s work at the royal commission may be tarnished by an actual or perceived conflict of interest.
It also adds to concerns about the adequacy of his disclosures.
Mr Owen voluntarily disclosed that he had a close personal association with Mr Stokes and subsequently admitted, after media queries, that he was a director of a company in Mr Stokes’ network. (He is, in fact, a director of three companies in Mr Stokes’ network, but has not publicly acknowledged that.)
He made these disclosures ahead of the appearance of two witnesses with links to Mr Stokes.
Maryna Fewster is the Western Australian chief executive of the Stokes-chaired Seven West Media and John Alexander is a non-executive director of Seven West Media.
Mr Owen has insisted these connections did not give rise to any conflicts of interest but were disclosed in the interests of transparency.
However, Mr Owen has not made any disclosures in relation to Mr Roberts, who was questioned at the royal commission in relation to his former role as a director of Burswood Ltd, aka Crown Perth.
Mr Roberts’ interest in the Derby joint venture is held through WGPL Property No 3 Pty Ltd, part of his Warburton Group.
Mr Stokes’ interest is held through ACE Infrastructure SPV Pty Ltd, a subsidiary of Australian Capital Equity, a major company in Mr Stokes’ business network.
Mr Owen’s connection comes through his role as a director of Clabon Pty Ltd, which is the parent company of Australian Capital Equity.
The joint venture signed a development lease with the Shire of Derby-East Kimberley on July 1 2019.
A spokesperson for Australian Capital Equity has confirmed the joint venture is live.
“The Derby joint venture partners continue to work on a viable port development plan,” the spokesperson told Business News.
“We have nothing further to add at this stage.”
Shire President Geoff Haerewa said the lease covered port land between the port and the Derby town site.
The lease has a term of five years with an option for a one-year extension.
Mr Haerewa said the joint venture was considering the development of a ‘lock system’ that would support exports of bulk commodities and visits by navy vessels.
“The current arrangement allows the proponents to hold the land (by way of a lease) whilst they pursue a business case for the potential development of the land,” he told Business News.
“This arrangement provides access and tenure for the proponent whilst a business case for a development proposal is being progressed.
“As the shire only controls the land until 2040, and any developer will want a longer-term lease than just that short period if they are to invest heavily in its development, any eventual longer term land lease will be between the state government (the land owner) and the proponent.
“The shire will not be a party to that lease, which may occur pre or post 2040.”
The joint venture is the second link between Mr Roberts and Mr Stokes.
Mr Roberts is also a trustee of the Channel 7 Telethon Trust.
In addition to the three witnesses listed above – Maryna Fewster, John Alexander and Tim Roberts – the royal commission is expected to call a fourth witness with links to Mr Stokes.
Former Crown Resorts and Crown Perth chairman James Packer is a close personal friend of Mr Stokes and the two men are known to invest together.
Premier Mark McGowan has repeatedly backed Mr Owen, who came to the royal commission with an impeccable reputation.
The premier has described Mr Owen as an eminent jurist and insisted there are no conflicts of interest.
In relation to Clabon, the premier has said Mr Owen is a director of “some company”.
That phrase underplays the importance of Clabon, which has a very powerful board of directors and appears to hold a key position in Mr Stokes’ empire.
As well as Mr Owen, the board members are prominent Sydney-based director David Gonski, former WA premier Richard Court, and former federal government minister Warwick Smith.
The four men are also directors of Stokes companies Mercury Corporate and Redlake Enterprises.
Mr Stokes’ business empire includes controlling stakes in ASX-listed companies Seven Group Holdings and Seven West Media, publisher of The West Australian.
