1. The following is an unfinished saga of #racism & corruption; about how far one jurisdiction will go to cover up their misdeeds, the people who are complicit & the Australian #FirstNations man sacrificed to the God of Prosperity. #Justice4Mullins #BlackLivesMatter #Indigenous
2. In 1999 Mark Mullins was investigating the misappropriation of money from the ACT Dept of Urban Services to the ALP. He departed in April 2000, as did Cathy Kosmidis. Although undated this letter was clearly written whilst both were with DUS.
3. Mullins made a short foray into the corporate world with Ernst & Young before being asked to consider applying for a position as a SOG A with ACT Treasury by Graeme Dowell Commissioner for ACT Revenue. He was selected for the role by an independent panel in 2001.
4. In September 2001, Mullins sought approval from his line managers to undertake an unpaid role as a Director with a NSW Aboriginal co-operative. This minute evidences the approval of Director Graeme Dowell, Deputy Under Treasurer Tu Pham & Chief Exec Treasury Howard Ronaldson.
5. On 8 May 2002, ACT Deputy Chief Exec Treasury Tu Pham announced Mark Mullins had been appointed as the Commissioner for Revenue for an ongoing three months. His intention was to proceed with an investigation of Rates and Land Taxes to investigate a claim made by Allan Wylucki.
6. On 9 May 2002 Mullins was the subject of #racism & a breach of #confidentiality by an ACT Government employee. The letter was written by Angel Marina, Manager Rates and Land Taxes & Mullins subordinate. #Justice4Mullins #BlackLivesMatterAustralia
7. Marina sourced information via the AFP & Ernst & Young Australia “friends”. The writer requested that Mullins be dismissed due to his aboriginality. Access used to compile this letter was made under false pretenses, illegal & breaching confidentiality. #BlackLivesMatter #BLM
8. The claim that he was assisting in preparing “applications and work histories” gratis for #refugees, #Indigenous & the disadvantaged, broke no ACTPS rules and was endorsed as it was a voluntary role with an Aboriginal co-op, as stated earlier. #BLM #BlackLivesMatter
9. Note Marina’s denial of any involvement in a large sum of missing money, $130 million or that he had “defrauded the land tax system”, a concern raised by Allan Wylucki with Mullins in a verbal disclosure regarding the disparity of land tax on commercial buildings in the ACT.
10. Wylucki was a prominent real estate agent who passed in 2002 from cancer. The annual ACT Development Award given by the ACT Branch of the Property Council of Australia is named for him. The only remaining allusion to his disclosure is in Marina’s 9 May 2002 letter.
11. The letter was addressed to the Chief Exec Howard Ronaldson. Taken aback by its racist content Ronaldson made a copy and noted upon that copy that he gave it to his EA Christine Roberts & signed it. He sent this signed copy to Mullins for his attention.
12. Ronaldson gave the original of the 9 May 2002 letter to his EA to be passed on for internal investigation. It should have gone to Whitten, Director Corporate Services, but it’s actual course remains unclear. Ronaldson’s actions have been crucial in seeking #Justice4Mullins.
13. Mullins emailed his line manager Pham on the same day as Marina sent the letter to Ronaldson, having received the signed copy from the Chief Exec. Pham would later deny any knowledge of racial vilification against Mullins or of the letter.
14. Mullins also unsuccessfully attempted to lodge a complaint regarding the #racism & lies in Marina’s letter of 9 May 2002 to AFP Police Officer Mark Coppin.
15. Six weeks after receiving the letter with just 12 months in the ACT Public Service, Ronaldson resigned as Chief Exec ACT Treasury. He was lauded in the Legislative Assembly by Deputy Chief Minister, Treasurer & Minister for Police Ted Quinlan. Pham became Acting Chief Exec.
16. The letter of 9 May 2002 including the various breaches of confidentiality & the blatant #racism was never investigated. The ACT Govt deny receiving it. This despite reference to it being handed over to the AFP in 2004, but we will come to that later.
17. In 2002 a terms of reference was approved by the Acting ACT Chief Executive of Treasury, Tu Pham to audit Rates and Land Taxes in response to the Wylucki disclosure. An independent external third party, Acumen Alliance, was engaged to conduct the audit.
18. The Acumen Special Audit found that there was potential for precisely the type of fraud identified by Wylucki to have occurred. This report was to form the basis of a more thorough investigation of the ACT Treasury’s Rates and Land Taxes unit. #fraud #corruption
19. Marina attempted to undermine the validity of the independently conducted audit into his section. Unsuccessful in seeking information without authorization, he lodged a grievance against Mullins, along with colleagues who were also being performance managed.
20. From this point, Marina’s attacks on Mullins and any friend who supported him escalated. Martin D’Este was verbally bullied by Marina in a lift in the ACT Nara Centre.
21. Marina also bullied Robert Lewis who complained to Mullins. Lewis sought the assistance of a clinical psychologist, Dr Jillian Fleming. He was hospitalized around the same time having been taken from the ACT Nara Centre whilst at work.
22. Others witnessed racially motivated physical and verbal assaults made directly upon Mullins in the workplace by Marina, including this one attested to by Glen Gaskill. Remember, Mullins was Marina’s line manager at the time.
23. On 30 May 2003, Mullins was interviewed by Paul Casimir and Emma Ralph of the Public Service Commission in which he detailed the racism and bullying he had endured by Marina and that these had been discussed with both Pham and Whitten.
24. Of note is several mentions regarding implementation of a new Rates System for the ACT. This is of particular interest given the concerns raised by Wylucki and the outcome of the Acumen Alliance Special Audit.
25. Also of note is that both Pham & Whitten maintain that there were no complaints made by Mullins whilst he worked at ACT Treasury regarding racial vilification or bullying. They also assert that there was no audit. This minute recorded by he PSC provides evidence of both.
26. Mullins submitted a PID on 27 June 2003 to ACT Chief Minister & Attorney-General Jon Stanhope. As ACT Commissioner for Revenue, Mullins had a responsibility to investigate & report #fraud & failures of probity. Stanhope, as chief legal officer would know this.
29. Mullins wrote to Boris Budak, the officer overseeing the grievance inquiry against him in August 2003 attaching Marina’s letter of 9 May 2002. Budak ceased the investigation due to the underlying #racism.
30. Budak sought an explanation from the ACT Govt Solicitor Philip Mitchell and Pham to address the racism in Marina’s letter. Budak was admitted to the NSW Bar in 1998 & had skills in mediation & dispute resolution.
31. In September 2003 Marina was found going through Mullins office, which had been locked by Mullins PA. Around the same time, Marina was facilitated access to Mullins personnel file by the Manager Corporate Services for the Chief Ministers & Treasury Dept Louise Fitzgerald.
32. Upon finding his confidentiality had again been breached, Mullins demanded copies of the contents of his personnel file from the, Director Corporate Services Meredith Whitten. She provided him with a covering letter listing the documents and copies of same.
33. Note that Whitten’s letter requires both Marina and Fitzgerald to provide written responses to the allegations made by Marina by 27 October 2003. Mullins never saw those replies. The deterioration in his workplace safety escalated rapidly from this breach.
34. The Manager Rates & Land Taxes, namely Marina, reported to the Commissioner for Revenue, namely Mullins. The Manager Human Resources & Corporate Services Louise Fitzgerald reported to the Director Corporate Services, namely Whitten.
35. The ACT Govt was now aware that Mullins confidentiality had been breached on multiple occasions. Fitzgerald misused her position to provide access to Mullins personnel file by an employee without authority at least twice. Neither she nor Marina was held accountable.
36. The racial vilification & invasion of his privacy in his ACT Govt workplace took a severe toll on Mullins. He sought treatment for depression from Dr Jillian Fleming between September & December 2003.
37. On 19 November 2003 Mullins was advised he was being removed from his role as Commissioner for Revenue to a job at the same level. Mullins responded to this re-assignment and the appointment of an officer without due process in a letter dated 12 December 2003.
38. On 9 December 2003 Mullins lodged another PID with Pham who was still Acting Chief Executive of Treasury. Pham denies receiving that letter.
39. Mullins was preparing to leave the ACT Public Service. He sought advice from Life Coach Trish Cameron on the advice of his lawyers Bradley Allen.
40. Mullins also wrote a statutory declaration, witnessed by Joseph Tonna on 9 December 2003, regarding the incident in which Marina was caught invading his privacy & stealing documents from his office. Under oath 2017, Tonna in testified that the signature was his own.
41. Tu Pham denied receiving a letter from Mullins on 12 December 2003 despite the file copy in ACT Govt archives with her signature.
42. However, in an email dated 15 December 2003, Whitten refers to the letter & recommends commencing an investigation into the racism Mullins had endured, sounding a warning about the risk of a claim of constructive dismissal.
43. Also on 15 December 2003, in a minuted meeting involving Pham she indicated to Mullins that she was reticent to respond to Mullins letter of 12 December. Pham’s subsequent actions only serve to bolster the assumption that her motivations were racist & self-preserving.
44. On 18 December 2003 Marina sought information about Mullins from Ernst & Young Australia’s Canberra office. Marina held no authority. Recruitment Consultant Gillian Morphett responded the same day providing Marina with documents allegedly from Mullins personnel file.
45. Morphett stated in her reply to Marina that she was releasing the material under National Privacy Principles. The NPP relied upon related only to law enforcement agencies, excluding ACT Treasury & Marina who was not a law enforcement officer within the meaning of the NPP.
46. #Justice4Mullins has evidence that Marina approached other agencies seeking information on Mullins, including the ANZ Bank, but was unsuccessful in his attempts due to their prudence in adhering to strict confidentiality practices.
47. Marina submitted a Public Interest Disclosure (PID) to Whitten alleging fraud by Mullins, allegedly on 19 December 2003. It included alleged emails between Marina & the University of London. The UoL have consistently denied any record of communication with Marina.
48. Marina’s PID was allegedly submitted on 19 December 2003. Note that the documents Marina had “received” were not on Mullins’s personnel file 9.5 weeks earlier when Whitten provided written confirmation regarding the contents of Mullins personnel file.
49. In line with #whistleblower legislation the content of Marina’s PID were not disclosed to Mullins. Marina relied upon this protection to disable Mullins ability to refute the PID contents. We will return to Marina’s PID later to examine its fraudulent & misleading contents.
50. Unaware of Marina’s PID, Mullins lawyers wrote to Pham’s line manager, Chief Exec Mike Harris on 22 December 2003. It presaged an action in the Australian Human Rights Commission against Pham for racism for her poor management of Angel Marina’s attacks against Mullins.
51. In January 2004 the ongoing stress forced Mullins on sick leave. He was stood down on 30 January 2004 whilst on leave citing claims that he had falsified his qualifications. He was unaware that this claim stemmed from the Marina PID. #BlackLivesMatter #corruption
52. On 6 Feb 2004 Mullins doctor declared him unfit for work. He had seen psychologist Dr Jillian Fleming several times in the preceding 12 months as he struggled with depression brought on by the conflict. #racism #mentalhealth #BLM
53. Acting Chief Exec of Treasury Pham called Mullins to a disciplinary meeting on 6 February 2004 in the presence of Glen Gaskill & Chief Exec Mike Harris. Contravening standard disciplinary processes, Mullins was not permitted a support person & no minutes were kept.
54. On 12 February 2004, Mullins was officially dismissed from the ACT Public Service. Mullins had provided Pham with a copy of Marina’s letter of 9 May 2002 prior to her actions in dismissing him seeking an explanation for her decisions. She disregarded his enquiry.
55. In dismissing Mullins whilst the subject of grievance by him, Pham acted with apprehended bias. Having been notified by Mullins lawyers in writing on 22 December 2003 that Mullins would be filing in HREOC, Chief Exec of CMTEDD Harris should have intervened.
56. Exec Director Glen Gaskill handed over the original Marina of 9 May 2002 & other documents to the AFP advising Mullins in writing in early 2004. The 9 May 2002 letter is one of several docs to have disappeared for which there is independent evidence that they existed.
57. With Marina’s letter of 9 May 2002 lost & him refusing to cooperate with an investigation, the Acumen Special Audit was not finalized until after Mullins left. The damaging material relating to Marina was removed before being finalized by the Audit Committee.
58. In September 2004 Mullins’ home was the subject of a search warrant led by Const Rowena Penfold, ACT Policing. Penfold admitted under oath that she didn’t keep records of all the documents she seized from Mullins house & that in doing so she knowingly breached AFP protocol.
59. The material that Penfold lost after the raid included all of the original material linking the ALP to the missing $130,000,000 mentioned in Marina’s letter of 9 May 2002.
60. On 26 June 2005 the Ombudsman confirmed that the ACT Govt held a letter of complaint that Mullins wrote to Chief Minister Jon Stanhope complaining about racism.
61. In December 2005 Mullins former wife, the most senior Indigenous female banking exec in Australia at the time, was indecently assaulted by Marina in public while lunching at the Waldorf Café with Mullins. Mullins was also assaulted by Marina.
62. AFP Officers at Civic Police Station refused to take a statement immediately after the assault on Mullins & his wife & deny ever having received a complaint despite three independent witnesses, including a minister of religion.
63. Witness statements were taken from three people. Mr Hart made a contemporaneous statement to the ACT Govt who lied about referring the complaint to the AFP.
64. Mullins raised the refusal of staff at Civic Police Station to assist with Chief Police Officer Audrey Fagan in 2005. She promised to investigate the assault on Ms Mullins. This was left unresolved with her death in 2007.
65. Chief Police Officer Michael Phelan succeeded Fagan & advised Mullins that the AFP didn’t have the original of Marina’s 9 May 2002 letter, contradicting Gaskill’s advice in February 2004. Phelan refused to investigate Mullins dismissal or Ms Mullins assault.
66. Phelan also refused to investigate Mullins complaints of intimidation of Ms Mullins’ ill father by Constable Nick Maguire in the period after Mullins dismissal from ACT Treasury.
67. Complaints regarding ongoing #racism experienced by Mullins from Marina were made to the ACT Govt. Although they deny knowledge, this is countered by a witness who wrote directly to the ACT Govt regarding Ms Mullins assault. No follow up occurred despite the reply.
68. In 2007 Mullins lodged a PID with the AEC regarding the theft & transfer of $130,000,000 from the ACT Home Loan Portfolio to NSW ALP. The same PID had been lodged with the ACT Govt in 2000. The AEC advised that it was powerless to investigate. #ICAC
69. On 6 March 2008 Greens MLA Deb Foskey asked Chief Minister Stanhope questions relating to #Justice4Mullins. Stanhope refused to respond regarding Auditor-General Tu Pham’s impartiality in the matter of Mullins dismissal or to consider the legality of Marina’s PID.
70. Of note, when these questions were posed both Andrew Barr & Katy Gallagher, who went on to become the next two Chief Ministers, were ACT MLAs at the time.
71. In 2011 EY Australia distanced themselves from threats & racial intimidation against #Justice4Mullins by a supposed employee, Tom Payne. The statement was on both their website & the accounting site Big4. http://blakandblack.com/2012/01/01/ernst-young-comment-on-tom-payne/
72. “Tom Payne” continued with his attempts at intimidation for some time.
73. The 2011 denunciation of racism by EY Australia failed to acknowledge that Mullins was exposed to these attacks, because the accounting firm breached Mullins privacy in providing information to an unauthorized and malfeasant ACT Govt employee.
74. In 2013 in the ACT Administrative and Civil Tribunal the Govt implored the Commonwealth Ombudsman to state that a letter dated 26 June 2005 from its office to Mullins noting a reference to a PID of 27 June 2003 was fake. The Ombudsman asserted it was genuine & noted on file.
75. The Ombudsman confirmed to ACAT that the letter signed by them is genuine, standing by its content. Mullins had gone to ACAT expecting that his application would be dismissed, opening an avenue to the UN as all local avenues for redress would then have been exhausted.
76. Under the leadership of Chief Minister Katy Gallagher the ACT Govt complained to the AFP following the ACAT result. Mullins was charged with fraud in 2015 over the contents of an affidavit purportedly submitted to the ACAT, including documents such as the Ombudsman’s letter.
77. Two weeks prior to Mullins ACT Supreme Court appearance, the ACT DPP conducted witness proofing with Ronaldson. He clearly stated that the letter dated 9 May 2002 is the one he received from Marina.
78. Mullins ACT Supreme Court trial was held in March 2017 before a jury. He was represented by Sydney solicitors & barristers in his defence. The #AFP subsequently lost in the #ACT Supreme Court 16-0 as the prosecution case was shown to be an attempt to fit up an innocent man.
79. AFP were unable to produce the original of Mullins’ supposed 2013 affidavit to ACAT. The Prosecution based its charges upon a copy including grammatical & typographical errors. If genuine, where did the original (PDF or hardcopy) that should have been held by the ACAT go?
80. Procedure is that a copy of an affidavit is served on the other side’s legal representative, here the ACT Govt Solicitor. Peter Garrison, Chief Solicitor since 2004, commenced with the GSO in 1999 as Deputy Chief Solicitor & was unable to produce the original. #fraud
81. If the ACT Government Solicitor was served with a copy of the Mullins affidavit in 2013 with a original ACAT stamp as alleged, why did they not tender it into evidence in 2017 in the ACT Supreme Court? #corruption #BlackLivesMatter #racism
82. But the strangest point is why Mullins’ lawyers were billing him for preparing the affidavit (bills being paid) 3 weeks after the 2013 date on the affidavit produced in court by the AFP. #fraud
83. During the trial, Pham swore she'd received no written complaints from Mullins regarding racism. Pham’s testimony was untruthful. This letter references a complaint dated 9 December 2003 & supports other references already in this thread.
84. Mullins comments at his dismissal in 2004 that he hade been the victim of a “fit-up” & responses went undocumented. The ACT DPP attempted to submit minutes without attendee signatures at the 2017 trial; no one recognized them and they were not tendered. #corruption
85. Howard Ronaldson has consistently acknowledged the veracity of the letter of 9 May 2002. In the ACT Supreme Court, he swore that he received the letter of 9 May 2002 and that the copy in Mullins possession held his original signature.
86. Forensic analysis of the copy sent to Mullins with Ronaldson’s original signature determined that the signature is genuine, supporting Ronaldson’s assertion to its authenticity and the contents of the letter.
87. The prosecution argued Mullins could not have spoken to AFP Officer Mark Coppin on 9 May 2002 regarding Marina’s letter as Coppin was not on duty. The Civic Police Station cell log from that day demonstrates otherwise.
88. In addition records accessed regarding Darren Bloomfield who was in the cells that day provide further evidence that AFP Officer Coppin was on duty the day that Mullins attempted to lodge a complaint about Marina’s racism.
89. Ultimately, the combination of the many inconsistencies & Mullins argument that the affidavit on which he was being prosecuted was not his creation was accepted by the jury. Mullins was found not guilty on all 16 counts. #BlackLivesMatter #Justice4Mullins
90. The only conclusion that can be drawn is that the affidavit tendered into evidence by the AFP was a forgery & there was a clear attempt to fit up an innocent man. The jury saw through the inconsistencies. Why did the AFP proceed with charges and force a costly trial? #BLM
91. ACT DPP failed to hand over docs in the brief of evidence for the ACT Supreme Court in 2017 relevant to Pham’s cross exam that shed light on her “memory lapses”. The lapses had the potential to see Mullins convicted. No non-Indigenous person has been held accountable. #BLM
92. With the timeline now set out, we can turn our eyes to analysis of Marina’s PID, supposedly submitted on 19 December 2003. The second page in Marina’s PID, a file note, contains a number of apparently fraudulent statements. #blacklivesmatter #Corruption
93. As detailed in Whitten’s email to Mullins dated 13 October 2003, there were NO academic transcripts held in his ACT Govt personnel file.
94. Examination by an expert demonstrated that the alleged PID email chain between Marina & the University of London could not be genuine, as the final email from the UoL was received by the ACT Govt server 90 mins BEFORE Marina’s enquiry reached London.
95. Continuing with Marina’s PID, the exchange between Marina & Ernst & Young’s Morphett is dated 18 December 2003. Marina described the transcripts to UoL in detail on 17 December. Clearly Marina had the transcript a day earlier. It could not have originated from EY.
96. PID thoughts:
•Emails never occurred.
•Email chain was altered.
•Call to UoL never occurred.
•Marina had transcripts prior to contacting EY.
•PID was backdated to precede letter of 22/12/2003 advising of Mullins intention to take Pham to HREOC.
#BLM #corruption
97. The ultimate failure to provide #Justice4Mullins is a cautionary tale of multiple people in positions of power & agencies with authority failing in their responsibilities to ensure workplace safety & natural justice to an #Indigenous man.
98. The result of the 2017 trial is that attempts by the ACT Govt & AFP to deny the existence of many documents has been successfully refuted. Destruction of evidence always warrants investigation. https://www.canberratimes.com.au/story/5993706/soft-cops-are-soft-soaping-us/
99. So why doesn’t the AFP investigate the other side of the Mullins issues? Canberra Times reporter Jack Waterford put it succinctly in his article “Soft Cops are Soft –Soaping Us” in February 2019. https://www.canberratimes.com.au/story/5993706/soft-cops-are-soft-soaping-us/
100. Members of the Mullins family suffer ongoing harassment for seeking #Justice4Mullins. On 15 May 2019 a property with personal effects of @BlakandBlack was robbed. Items stolen included all the documents in a filing cabinet relating to #Justice4Mullins with no monetary worth.
101. The stolen documents support a brief for a case prepared by New York lawyers being submitted to the UN. Other stolen items include jewellery & antiquities. Strangely, the office of Mullins lawyer in New York was robbed on the same evening with the same documents taken.
102. Whilst the #Justice4Mullins team can't confirm online the identities of those involved in the $130,000,000 fraud, this background on the Marrickville-Enmore branches of the #ALP should be borne in mind. #ICAC http://netk.net.au/Whitton/Worms26.asp
103. What has become of those who perverted the course of #Justice4Mullins since 2004? Meredith Whitten departed ACT Treasury before Mullins dismissal, but returned as Deputy Director-General Workforce Capability and Governance.
104. Angel Marina remained in the ACT Government until sometime around early 2015. He joined the Commonwealth Department of Agriculture and Water Resources in 2017.
105. Whitten was also chair of the ACT Govt Procurement Board, responsible for probity & transparency in contracting and procurement.
106. Meredith Whitten, the manager with oversight of human resources & security of personnel files during Mullins nightmare tenure at ACT Treasury has retired in 2019 with a great deal more dignity than she afforded the #Indigenous man who looked to her for workplace advice.
107. Louise Fitzgerald has gone on to become Manager Employee Relations for the Chief Minister, Treasury & Economic Development Directorate of the ACT Govt.
108. After completing her tenure as Auditor-General, Tu Pham became Adjunct Professor in the Centre for Clinical Governance Studies at the University of Canberra & is Director of her own company. https://www.governanceinstitute.edu.au/people/fellows/person-912/tu-pham
109. Blatant disregard for the law and premeditation on the part of Angel Marina has been allowed to go unchecked with the consequence that a man has died. #BlackLivesMatter
110. In its Aboriginal and Torres Strait Islander Agreement 2019-2028 the ACT commits to “…equitable access to justice and culturally safe restorative justice...” It’s pure tokenism without #Justice4Mullins. https://www.communityservices.act.gov.au/atsia/agreement-2019-2028
111. Pham, Marina, Whitten, Fitzgerald, Stanhope, Garrison, Morphett, Maguire, Penfold & Phelan have all taken a seemingly racist position when investigating crime in the ACT. They should not be able to hide behind the guise of government. #corruption
112. The AFP/ACT refuse to investigate crimes of white people committing crimes against Indigenous people.
113. The ACT Supreme Court win in 2017 has not delivered #Justice4Mullins. Justice for him & his family will only be realized when a transparent & through investigation is held into the issues & those responsible are held accountable.
You can follow @Watershedd.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: