Revenge, they say, is a dish best served cold.
It’s been almost four years since the former New South Wales MP, David Elliott, announced that he would not seek preselection for a seat in the Hills in greater Sydney after his own seat was abolished. He had realised that, thanks to branch stacking in his area, he stood no chance of securing another.
Despite being a senior minister for eight years in the Baird, Berejiklian and Perrottet Liberal governments, Elliott’s political career was over.
Sure, he’d been a somewhat colourful character – he’d attracted his fair share of publicity, good and bad.
But, as one former colleague put it: “It was hard not to like him.”
Since his departure at the ۲۰۲۳ election, Elliott has discovered the full scale of bastardry that was directed against him to end his career.
The Independent Commission Against Corruption is investigating allegations of illegal secret donations from property developers and others that were used to fund branch-stacking operations in breach of the NSW Electoral Funding Act.
Elliott’s appearance at Icac on Friday was a chance to air many matters that had clearly rankled.
He is not a person of interest in the investigation, and appeared only as a witness.
The fight with a fugitive developer
Elliott finally got to speak about what he had suspected for years: his belief that developer Jean Nassif, who is now a fugitive in Lebanon, was responsible for planting news stories that damaged his career, having him followed by private investigators, for death threats and for starting rumours that he was having an affair while his wife was undergoing cancer treatment.
Elliott told Icac the disagreements with Nassif stemmed from Elliot’s view that development needed to be slowed in the Hills because the area lacked the infrastructure to support huge housing developments.
Nassif’s company, Toplace, was behind two large developments at Castle Hill – Skyline and Atmosphere – and was seeking approval for another at Cherrybrook, where he had bought land at very high prices.
Several Toplace buildings have been slapped with rectification orders by the NSW building commissioner, David Chandler (more on him later).
Elliott told Icac that at first, Nassif had tried to woo him and meet him. There were attempts to make donations which were not permitted from developers under NSW laws, as Elliott pointed out.
“On two occasions he followed me in public places,” Elliott told the inquiry.
One occurred in a bar in Parramatta when he was meeting then-local councillor Martin Zaiter.
Elliott claimed it started off pleasantly, with Nassif introducing his daughter, but soon “he did the finger in the chest”.
“I told him: ‘Listen mate, I don’t meet with property developers.’ It felt like an eternity but I reckon it was three to four minutes.”
His chief of staff, Tanya Raffoul, received threats through the Maronite church she attended, he told Icac.
At one stage she went to a meeting organised by property development figure, Amanda Ghalloub, and found Nassif there. According to Elliott, Nassif told her: “we have pictures of your boss, we need you to spill the beans on your boss or it would not end well.”
Elliot also believed that private investigators followed he and his wife.
“The first time I realised it was happening was that I’d seen a vehicle at the top western end of my street on the park side of the road,” Elliott said.
He didn’t speak to the private investigators, he said. “I took a photo of him taking a photo of me because, as I’ve said to the media, he was certainly the Maxwell Smart of the PI world,” he said, referring to the ۱۹۶۰s television show about a bumbling cold war secret agent.
This was not paranoia. Icac counsel assisting, Peggy Dwyer SC, read from a dossier of observations of the then police minister.
After Elliott started to raise concerns about defective buildings, he told the inquiry Nassif went “nuts”.
Negative stories were leaked to the media about Elliott, including that he had fired an illegal gun.
During the Icac inquiry, he became aware of a “shit sheet” produced by a shadowy group of young Liberal operatives known as the Reformers that alleged he had an affair – which he says is baseless.
A former Liberal staffer and associate of the Reformers, Dylan Whitelaw, gave evidence to the inquiry in July and accepted under cross-examination from Elliott’s lawyer that no affair had taken place.
Nassif is a person of interest in the Icac inquiry and has an arrest warrant out relating to alleged fraud involving multimillion dollar loans to Toplace. He has not returned to Australia.
‘Cults’ and ‘setups’
Asked about the right faction of the Liberal party – the faction behind his political demise – Elliott did not mince words.
“Some call it the hard right, some call it the right, some call it the religious right, some call it the cult,” said Elliot, a member of the centre right, the rival faction.
“At first David Clarke was godfather. It was made clear to me that later, Anthony Roberts [the former planning minister], the Tudehopes and the Perrottets were in charge.”
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And when it came to the former premier, Dominic Perrottet and his brother Charles, Elliott was scathing.
Dominic had “looked him in the eye” at a farewell parade for police commissioner Mick Fuller and promised he could keep the police portfolio, only to move him to transport.
Elliott thought it might have had something to do with Nassif’s arrest for cocaine possession at the Star Casino.
“At the bottom of the elevator, there were police dogs, and [Nassif] obviously realised that he had cocaine on him, and the police were about to arrest him,” Elliott said.
“Now, conveniently, [with me] the police minister and his adversary, he was able to say: ‘This is all a setup from David out there.’
“Now, I can assure you, Dr Dwyer, If I’d asked the New South Wales police court to issue a parking ticket, they would have punched me in the neck,” he said.
Elliott said had no doubt that Charles Perrottet was consulted on the reshuffle. “Charles and Dom were joined at the hip,” he said.
Charles Perrottet has been named as a person of interest in Icac in relation to allegations concerning illegal donations from Jean Nassif. He is scheduled to give evidence next week. Dominic Perrottet is not under investigation and is not a person of interest.
Much of Elliott’s appearance was spent on the demise of the centre-right councillors prior to the ۲۰۲۲ local government elections and their replacement by the Liberal party’s state executive using special powers.
“I was so disgusted with Charles because he lied to me about the council, I pretty much wiped him,” he said.
‘Used’ by friends
Elliott was not the only one who may have relished the opportunity to ladle out a cold serving this week.
Eleni Petinos, the former fair trading minister in the Perrottet government, gave evidence on Thursday about how she believed she was used by other people in the Liberal party – first to try to get rid of the building commissioner, David Chandler, and later as a scapegoat.
Chandler – who is not under investigation by Icac and is due to give evidence next week – came within her portfolio.
In late July ۲۰۲۲, Petinos was sacked by Perrottet. The reason given at the time was claims of her bullying of staff. Petinos – who is not under investigation by Icac – denied the allegations at the time but said she was sorry if she unintentionally offended anyone or made them uncomfortable.
Petinos’s chief of staff, Cassandra Lawry, who also gave evidence, said Petinos’ communication sometimes “could be better” but denied the allegation of bullying.
On Thursday, Petinos told Icac she now believes there was something else at play.
The premier had become aware Chandler had penned an incendiary resignation letter that was going to cause embarrassment and attract Icac’s attention. Did he try to deflect attention by sacking the minister?
“I thought there was something very strange at play for Dominic to take the action that he did so swiftly, so coldly, and without the opportunity to even put me in front of a camera. That seemed bizarre,” she said.
“I was doing my absolute best for him. I felt like, when men are direct, or when men give clear instructions, they’re applauded. They’re considered to be good leaders. They’re bold, they’re visionaries. But when women in leadership positions demonstrate the same traits, we’re aggressive, we’re bullies, we’re too bossy,” she said at Icac.
She was particularly hurt that she was gone in two days while another minister, Stuart Ayres, was afforded weeks of support over another controversial issue – the appointment of John Barilaro as a trade representative to New York – before he was required to stand down.
The effect on Petinos was profound. Her friends have said she was shattered by the bullying allegations and battled to find her confidence again.
In the witness box on Thursday, Petinos was able to name the people she now believes used her in a campaign to get rid of the building commissioner.
They included the right power broker, Charles Perrottet, whom she had known from her time in the Young Liberals, and Chris Spence, another political ally who in ۲۰۲۲ was serving as chief of staff to Roberts. Petinos had helped on his campaigns before entering politics.
Spence is not a person of interest and is due to give evidence next week.
Clearly exacting revenge feels good. After airing his grievances on Friday, Elliott left the Icac offices, smiling broadly. “It feels weird to be the first Liberal who was happy to appear before Icac.”
