Lawyers for Richard Pratt have demanded consumer watchdog boss Graeme Samuel be called before court to explain his "personal vendetta" against the cardboard king.Robert Richter QC on Tuesday accused Mr Samuel, the Australian Competition and Consumer Commission (ACCC) chairman, of conducing a vendetta by pushing for Pratt to be criminally prosecuted.
Mr Richter demanded that prosecutors call Mr Samuel to a pre-trial hearing at the Federal Court to explain why he wanted the Visy Industries chairman prosecuted.
His comments drew an angry response from prosecutor Mark Dean SC who said it was not the job of the prosecution to call witnesses to satisfy Mr Richter's "lust and baseless conspiracy theories".
The fiery exchange came on day seven of the pre-trial Federal Court hearing to determine what evidence can be used in a criminal prosecution of Pratt, who is charged with misleading the ACCC.
Mr Richter asked why Mr Samuel backed down from an agreement made last year with Pratt in which they agreed a statement of facts used in a civil prosecution could not be used in any other proceeding.
"Mr Samuel is the only one who can give an explanation of what now appears to be a personal vendetta," he said.
"The application is that if my learned friends refuse to call Mr Samuel, we say your honour can call Mr Samuel.
"Could I foreshadow it will be our submission that this has been a shabby and deceitful case."
Mr Richter invited Justice Donnell Ryan to "draw inferences" against the prosecution if Mr Samuel was not called.
Justice Ryan said he would not be calling Mr Samuel to give evidence.
Prosecutor Mark Dean SC said the decision to prosecute Pratt came from members of the commission.
"It is not our job to serve up Mr Samuel to satisfy Mr Richter's lust and baseless conspiracy theories," Mr Dean said.
"There is no suggestion that supports the argument that after that point Mr Samuel actively drove the matter himself."
It is alleged Pratt misled the ACCC at a hearing in 2005 when he denied a conversation he allegedly had about price fixing with Amcor chief executive Russell Jones in 2001.
The hearing continues on Wednesday.
17 Dec 2008In true spirit of Dr. Seuss : The Pratt that shat in the hat !
Quite simple: Corporate Fraud, BUSTED !!
Why: Not so quite simple.
"personal vendetta" - In the words of Pauline Hanson "Please Explain".
Maybe he did not listen to his colleagues from the "Buffalo Club" (the Flintstones)
* Buffalo Club - no women, were they Gay Satanists ?? !! ?? Surely they did not just go bowling.
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