Tinkler disguised $20,000 gift as $20

The ICAC also heard evidence that the Tinkler companies may have made an illegal donation to yet another Liberal MP, member for Newcastle Tim Owen.

Tinkler company Buildev wanted to build a coal loader at Newcastle. Buildev executive Darren Williams admitted that an email from him suggesting a $20 donation to the Nationals was actually for $20,000.

The ICAC has heard that Mr Williams emailed an executive at a Tinkler company, Patinack Farms, which ran a horse stud and was therefore not a prohibited donor, in order to make payments to Eightbyfive, a company which ICAC alleges was a sham to disguise donations from developers, which are banned under election funding laws

“Mate need $20 in here to help these guys Nats will be running Ports. Do you know anyone who can help?”, the email read.

Mr Williams also admitted that Buildev had paid for a leaflet which attacked the sitting Labor member for Newcastle Jodi McKay, who opposed their plans for a coal loader and supported instead a container terminal, and who refused an offer from Mr Tinkler to bankroll her campaign.

He said he had partly authored the leaflet which accused Ms McKay of supporting thousands of trucks travelling through the electorate.

In one email, when Mr Williams finds out that Ms McKay is going to make a public statement about the terminal, he tells a fellow executive at Buildev: “We need to get tim and John a sheet if [of] info as they are going to challenge her involvement.”

He agreed that the reference to “tim and John” was to Tim Owens, her Liberal challenger, and John Tate, an independent candidate for the seat and at the time the mayor of Newcastle.

The ICAC was shown an email from Mr Williams to the Tinkler companies’ lawyer, who was trying to compile a list of their donations. Mr Williams tell the lawyer: “I think this was for Tim Owen but I can’t recall.”

ICAC was shown text messages which Mr Williams sent to Mike Gallacher, who resigned as the Minister for Police last Friday, and former Minister for Energy Chris Hartcher, a week after the Coalition came to power in 2011.

In it Mr Williams expresses concern that the new Treasurer (now Premier) Mike Baird would approve the rival container terminal proposal.

Mr Williams said he had known Mr Gallacher for 10 years and agreed had a friendly relationship with him.

Counsel assisting the ICAC Geoffrey Watson SC said such access was the pay-off for illicit payments made through Eightbyfive.

Counsel for Mr Gallacher Arthur Moses SC said that after becoming a minister he did not response to representations from Buildev and had delegated them to portfolios ministers or local MPs. Within months of coming to office he had also transferred responsibility for the Hunter Development Corporation to the Minister for Planning Mr Hazzard.

Mr Williams was also questioned about emails and text messages which Mr Watson suggested there was an attempt to fool ICAC and protect Mr Tinkler.

In one email informing him about the ICAC investigation Mr Tinkler wrote: “Oh mate u r f***ing kidding me...another one of [Buildev executive] sharpey’s lobbyist mates I am no doubt going to have to wear the headlines before and I don’t even no their names nor have ever met.”

But a text message from a Patinack Farm executive Troy Palmer told Mr Williams: “NT message was to protect him if any s**t goes down.”

Mr Watson suggested that Mr Williams had made up a story to try to fool ICAC.