Michael Loch McGurk
Encyclopedia
Michael Loch McGurk an Australia
n businessman, was murdered by a single gunshot to his head outside his Cremorne, Sydney
family home. Police are currently investigating the crime and have made several arrests.
, Scotland
, was raised in the Gorbals
notorious slum area by his grandmother and brothers; although some media reports claim that Rushford was raised in Edinburgh
.
Rushford travelled to Australia in 1993, where he began working with ECC Lighting, in inner Sydney. Whilst he was employed at ECC, Customs
officers found out that Rushford had overstayed his temporary visa. Served with a deportation notice, Rushford left Australia, travelling to New Zealand, via Fiji, and returned with a new passport and new identity as Michael Loch McGurk, altering his birth date from 1958 to 1964.
McGurk reportedly fell out of favour with his employer when he allegedly substituted cheap lights for quality fittings for a project at a five-star hotel. He moved on to property development, working for Terrace Towers, a company owned by John Saunders, a former business partner of Australian billionaire and philanthropist, Frank Lowy
. In 1959, Saunders and Lowy, both Hungarian post-WWII migrants, founded the Westfield Group.
.
member, Ron Medich had an interest in one of McGurk's companies, Business Investment Opportunities. Of the ten million shares in this company (issued at $1 each), Ron Medich Properties owned 380,000 of the shares, with the remainder owned by Celtic Sydney, a company wholly owned and controlled by Medich.
Other media reports claimed that McGurk died owing millions. McGurk was reportedly two months in arrears on the $2.4 million mortgage on his Cremorne house to the mortgagee, BankWest. In investigating the details provided at time of approving the loan, BankWest found that the information supplied by McGurk was allegedly fraudulent. The tax files and pay slips McGurk had provided to obtain the loan had been forged. Title to the house was in the name of McGurk's wife. Following revelations of the fraud, BankWest advised McGurk that, as mortgagee, it intended to sell the property. McGurk sought assistance from his business associate, Ron Medich, who reportedly lent him $3.6m in order to pay out BankWest. McGurk also owed Medich $10m at the time of his death, relating to Medich's equity in Business Investment Opportunities.
In an interesting twist of fate, Medich, together with Graham Richardson
, a political lobbyist, met Sam Haddad, the Director-General of NSW Planning
, the day before the alleged murder of McGurk and reportedly discussed why Haddad overrode senior planning officials recommendation that the Medich land be rezoned, after a meeting with the then planning minister, Frank Sartor
. Reports of the financial relationship between Medich and Richardson varied, with McGurk alleging to Herald journalists that Richardson being on a retainer of $25,000 per month, whereas Medich claimed that Richardson was being paid $5,000 per month.
by Medich against McGurk and his wife, and various companies associated with McGurk. These matters were heard by the Court and dismissed on 8 April 2009, due to Medich failing to disclose material facts. Costs were awarded against Medich. In another matter that is currently awaiting resolution, Medich and the Executors of McGurk's estate are in dispute, has been stood over, for the present.
landmark property, the Crest Hotel. Ell was seeking to redevelop the Crest and buy the property for $70m from Australand. McGurk was reportedly negotiating on behalf of Ell for business associates of John Ibrahim to run the downstairs bar area of the Crest in return for an investment of $10-$15m. McGurk was working with Ell to collect rent from tenants and met disgraced former company director, Jim Byrnes. Despite initially being on opposing sides of negotiations, Byrne and McGurk would later form a friendship, and work together for Ell. Ell's company, Leda Holdings, held a $450,000 mortgage over McGurk's city office on York Street, Sydney - which is owned by McGurk's wife. It is reported that Australand rejected the McGurk's proposal just days before his death.
McGurk's company, Bentley Smythe, had previously loaned up to $1 million to Cremorne businessman Richard Woods. Woods was the owner of a bathhouse, located on the first floor of the Crest Hotel building, which was beset by leaking water problems.
Another BRW Rich 200 member, Sydney telecommunications and financial software millionaire, Theo Baker, provided McGurk with a $300,000 loan in order to retain his black Mercedes S-class, following repossession of the vehicle by a finance company. Baker's loan was secured by a mortgage against a city property owned by McGurk's wife.
HSBC Australia held a second mortgage over the Cremorne family home, located in Cranbrook Avenue, and the scene of the murder. It was reported on 24 October 2009 that HSBC Australia, as mortgagee in possession, placed another Cremorne property owned by McGurk, in Orlando Avenue, up for sale. During the mortgagee auction proceedings it was revealed that Justin Brown, a business associate of McGurk and Chairman of CB Richard Ellis
residential real estate division, had purchased the property for an estimated $1.4m, much to the ire of registered bidders.
At various times McGurk's business associates included Mark Burby, a Jersey
businessman, who together with McGurk were allegedly planning to blackmail
the Sultan of Brunei
following an earlier unsuccessful attempt to sue the Sultan for reneging on a deal to buy a 400-year-old miniature Koran. According to Burby, the blackmail related to "...an ongoing private matter involving one of the Sultan’s relatives".
site owned by Unions NSW
. Moses Obeid, the son of Labor powerbroker Eddie Obeid
, was helping McGurk negotiate with John Robertson
, who was Secretary of Unions NSW at the time. Following McGurk's death, Robertson stated to the media that McGurk had been representing Medich and that while their $30m bid for Currawong was the highest, it was conditional on development approval. Unions NSW accepted a bid for a lesser amount, because there were no conditions attached.
Richard Vereker, an associate of McGurk and aged 68 at the time of McGurk's death, had earlier been mentioned in a 2008 ICAC inquiry involving Wollongong City Council. At this Inquiry, ICAC found that eleven individuals engaged in various forms of corrupt conduct between 2004 and 2007. Vereker, a former butcher, bookmaker, and Wollongong businessman, had reportedly facilitated a meeting between McGurk and former Labor powerbroker, Graham Richardson that later led to McGurk attempting to exhort Medich. Vereker, a disability pensioner, was reportedly NSW Labor's second largest individual donor, with a political donation of $75,000 in the 2007 state election campaign. On 1 July 2010, Vereker, with author Mark Abernethy, published a biography of McGurk, called The Fast Life and Sudden Death of Michael McGurk.
The Sydney Morning Herald also revealed links with Craig Knowles
, a former NSW Planning Minister, and Socceroos captain, Lucas Neill
in McGurk's alleged role as a financial middleman for the set-up of a proposed western Sydney A-League soccer team. The registered office of Sydney Wanderers Football Club, the legal entity of the proposed new club, was the offices of Bentley Smythe in York Street, Sydney - McGurk's place of business. The proposal to set up the new soccer club collapsed on Wednesday 2 September 2009, the day before McGurk's murder. It was later revealed that McGurk was acting on behalf of Paddy Dominguez, Neil's manager and Bob Ell, a potential sponsor of the soccer club.
houses, one of which was that of Adam Tilley, allegedly firebombing the Point Piper home in November 2008. Tilley purchased the Wolseley Road mansion from Medich for $12.5m in 2004. Central to the dispute between Tilley, Medich, and McGurk was an agreement for Tilley and Medich to develop land adjoining the Wolseley Road property that could potentially yield Medich $20m (net). As the global financial crisis resulted in a dip in property market values, Medich assigned his $10m interest in the Point Piper property to McGurk. McGurk allegedly demanded Tilley repay the maximum $20m. McGurk commenced action in the Supreme Court
when his demands were refused. Two weeks prior to his murder, the Director of Public Prosecutions
dropped the charges, including the alleged firebombing of another property in Queen Street, Beaconsfield, owned by the valuer Stuart Rowan.
McGurk had also been charged in connection with an assault on Rowan after Rowan refused to provide McGurk with a valuation on a Bathurst
property. Other charges that were dropped related to the alleged assault on a former employee, Will Manning with a cricket bat and further counts of arson relating to the firebombing of a former business associate's Cremorne property. Media reports claim that McGurk was involved in the alleged firebombing of a Balmoral house, owned by Justin Brown (of CB Richard Ellis); although Brown never pressed charges against McGurk. Brown was also assaulted in his office - allegedly on McGurk's instructions.
Sacred Heart Catholic Church, where more than 300 people were in attendance. His children recalled a loving, benevolent family man and soccer coach. McGurk's youngest daughter Mia, aged 11, was reported as saying:
A letter written by Luc for Father's Day was read to the congregation:
His other son, Lochlan wrote:
McGurk's eldest daughter, Nicola, aged 12, was reported as saying to the congregation:
McGurk's father, Bob, and his brothers, Edward and Bobby, travelled from Scotland to attend the funeral.
on the south-western fringes of Sydney. There was immense and, what some described as, sensational, media coverage about these tapes, their content, and possible ramifications. The Sydney Morning Herald
Saturday edition published on 5 September 2009 ran with a front page banner “Exclusive: Secret tape blamed for killing”. Directly below the banner: “It could bring down the Government.”
On Sunday, 6 September 2009, Graham Richardson, a former senior Government minister in the Hawke
and Keating
Labor governments and now political lobbyist, told Channel Nine
that he has heard the tape and the key part which apparently exposes the Labor figures is inaudible. Richardson went on to say that McGurk was allegedly trying to blackmail Medich for $8m and that in about June 2009 Richardson had provided a formal statement to NSW Police. Commenting on Richardson's very public denial of the tapes containing any matter of substance, Jennifer Hewett, national affairs columnist with The Australian
, wrote:
On Monday, 8 September 2009, NSW Police passed a copy of this tape to the Independent Commission Against Corruption
(ICAC). However, the NSW Opposition called for a Parliamentary Inquiry. On 9 September 2009, a motion was carried in the Legislative Council to establish an inquiry into Badgerys Creek land dealings and planning decisions. The inquiry's Terms of Reference included inquiring into and "report on land dealings and planning decisions relating to land or interests in land held solely or jointly by Ron Medich Properties Pty Ltd and Roy Medich Properties Pty Ltd in or around Badgerys Creek", with a particular focus on roles of the Minister for Planning, other Ministers, NSW Planning, other government agencies, members of parliament, political parties and lobbyists, and to make recommendations about planning integrity. Fourteen submissions were received, including submissions from Richardson, NSW Planning (via Sam Haddad), the Property Council of Australia, and Penrith City Council
. Public hearings were held on:
An interim report was tabled to Parliament on 20 November 2009, and made eleven recommendations with a focus on stronger regulation of contact between planning officials, development proponents and lobbyists. The Committee also recommended tighter regulation of political donations. The second supplementary report was tabled on 25 February 2010 and only became necessary as a result of Richardson’s unwillingness to respond in writing to questions submitted after his evidence at the Committee’s first hearing.
Meanwhile, based on information in the recording plus media reports and information provided by an inmate in a correction centre, ICAC identified 13 matters for investigation. A public enquiry was held over five days, and commenced on 1 February 2010. Medich, Haddad, and Richardson all gave evidence at the ICAC Inquiry. The Commissioner determined that there were no findings of corrupt conduct; and was unable to substantiate any of the 13 allegations.
It was reported that four days after the murder of McGurk, police seized a number of weapons from Gattellari's home. Media reports claim that Gattellari was appointed a director to a number of companies associated with Medich in July 2009. Court documents lodged by police, allege that some time after 1 May 2009, Gattellari solicited Safetli to murder McGurk and that for more than 13 months after the killing "did receive, harbour, maintain, and assist" Safetli. Medich, who has reportedly known Gattellari from childhood, had lent millions to Gattellari, including $4.8m between November 2009 and October 2010 and $16m in total, through various joint ventures.
On 27 October 2010, police arrested a fifth man, Ronald Edward "Ron" Medich, and charged him with soliciting to murder McGurk. Police alleged that Medich was the mastermind
of the murder plot. Police arrested Medich at his solicitor's office and it was reported that Gattellari agreed to give evidence against Medich in defence of his own conspiracy charges. It was also reported that Safetli was prepared to give evidence against Medich. Despite Medich offering to put up $1 million in surety and his younger brother Roy Medich offering $500,000 in cash, bail
was refused. A few days later, Ron Medich was charged with murder of Michael McGurk. Much media attention was made of Medich's fall from grace, as he spent a little under two months in solitary confinement whilst in custody, before being released on conditional bail.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n businessman, was murdered by a single gunshot to his head outside his Cremorne, Sydney
Cremorne, New South Wales
Cremorne is a suburb on the lower North Shore of Sydney, New South Wales, Australia. Cremorne is located 6 kilometres north of the Sydney central business district, in the local government area of North Sydney Council....
family home. Police are currently investigating the crime and have made several arrests.
Early years
McGurk, born as Mick Rushford, in GlasgowGlasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, was raised in the Gorbals
Gorbals
The Gorbals is an area on the south bank of the River Clyde in the city of Glasgow, Scotland. By the late 19th century, it had become over-populated and adversely affected by local industrialisation. Many people lived here because their jobs provided this home and they could not afford their own...
notorious slum area by his grandmother and brothers; although some media reports claim that Rushford was raised in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
.
Rushford travelled to Australia in 1993, where he began working with ECC Lighting, in inner Sydney. Whilst he was employed at ECC, Customs
Australian Customs Service
The Australian Customs and Border Protection Service is the Australian Federal Government agency responsible for managing the security and integrity of the Australian border, facilitating the movement of legitimate international travellers and goods, and collecting border-related duties and...
officers found out that Rushford had overstayed his temporary visa. Served with a deportation notice, Rushford left Australia, travelling to New Zealand, via Fiji, and returned with a new passport and new identity as Michael Loch McGurk, altering his birth date from 1958 to 1964.
McGurk reportedly fell out of favour with his employer when he allegedly substituted cheap lights for quality fittings for a project at a five-star hotel. He moved on to property development, working for Terrace Towers, a company owned by John Saunders, a former business partner of Australian billionaire and philanthropist, Frank Lowy
Frank Lowy
Frank Lowy, AC is an Australian-Israeli businessman. He is a co-founder of the Westfield Group, operator of over 100 shopping centres in Australia, New Zealand, the United States and Great Britain...
. In 1959, Saunders and Lowy, both Hungarian post-WWII migrants, founded the Westfield Group.
Occupation
McGurk rose far above his impoverished roots, living in a $4 million Cremorne home, driving a Mercedes S-Class and taking luxury ski holidays. Described by some media agencies as an alcoholic and a heavy cocaine user, McGurk has variously been reported as the director of 28 failed or deregistered companies; a standover man, fixer and debt collector; a lender of last resort; negotiator; and a property developer. Media reports claim that McGurk was involved in supplying prostitutes to high-profile people, including leading sports figures, and in the last weeks of his life was negotiating a property deal with associates of nightclub identity John IbrahimJohn Ibrahim
John Houssam Ibrahim , a Lebanese Australian, is a Kings Cross nightclub owner. Police allege Ibrahim is a "major organised-crime figure" and was labelled as the "lifeblood of the drugs industry of Kings Cross" during the 1995 Wood royal commission however, Ibrahim strongly denies being involved in...
.
Business links with Ron Medich
His main trading vehicle, Bentley Smythe and associated companies, Bentley Smythe Financial Services, Bentley Smythe Mortgage Fund No 1, and Bentley Smythe Mortgage Fund No 2 were all reportedly solvent at the time of his death. Eagle Street Finance, a wholly owned subsidiary of Brisbane-based H&G Corporate, had a registered mortgage over the assets of Bentley Smythe Mortgage Fund No 1. His sometime business partner and BRW Rich 200BRW Rich 200
The BRW Rich 200 is a list of Australia's two hundred wealthiest individuals and families, ranked by personal net worth. The list is released annually during May in a special issue of the Business Review Weekly, published by Fairfax Media....
member, Ron Medich had an interest in one of McGurk's companies, Business Investment Opportunities. Of the ten million shares in this company (issued at $1 each), Ron Medich Properties owned 380,000 of the shares, with the remainder owned by Celtic Sydney, a company wholly owned and controlled by Medich.
Other media reports claimed that McGurk died owing millions. McGurk was reportedly two months in arrears on the $2.4 million mortgage on his Cremorne house to the mortgagee, BankWest. In investigating the details provided at time of approving the loan, BankWest found that the information supplied by McGurk was allegedly fraudulent. The tax files and pay slips McGurk had provided to obtain the loan had been forged. Title to the house was in the name of McGurk's wife. Following revelations of the fraud, BankWest advised McGurk that, as mortgagee, it intended to sell the property. McGurk sought assistance from his business associate, Ron Medich, who reportedly lent him $3.6m in order to pay out BankWest. McGurk also owed Medich $10m at the time of his death, relating to Medich's equity in Business Investment Opportunities.
In an interesting twist of fate, Medich, together with Graham Richardson
Graham Richardson
Graham Frederick Richardson , a former Australian politician, was a Senator for New South Wales from 1983–94 for the Australian Labor Party, a senior minister in Hawke and Keating governments, and is now a political lobbyist, public speaker, and media commentator. During his time in politics,...
, a political lobbyist, met Sam Haddad, the Director-General of NSW Planning
New South Wales Department of Planning
The New South Wales Department of Planning and Infrastructure, a department of the New South Wales Government, is responsibile for the long-term planning for the regions of New South Wales and driving well-located housing and employment land...
, the day before the alleged murder of McGurk and reportedly discussed why Haddad overrode senior planning officials recommendation that the Medich land be rezoned, after a meeting with the then planning minister, Frank Sartor
Frank Sartor
Francesco Ernest 'Frank' Sartor JP a former Australian politician, was New South Wales Minister for Climate Change and the Environment and Minister Assisting the Minister for Health between 2009 and 2011. He was a Member of the New South Wales Legislative Assembly representing Rockdale for the...
. Reports of the financial relationship between Medich and Richardson varied, with McGurk alleging to Herald journalists that Richardson being on a retainer of $25,000 per month, whereas Medich claimed that Richardson was being paid $5,000 per month.
Civil dispute between Medich and McGurk
In various media reports, it was claimed that Medich and McGurk were in dispute, including matters that were brought before the Federal CourtFederal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
by Medich against McGurk and his wife, and various companies associated with McGurk. These matters were heard by the Court and dismissed on 8 April 2009, due to Medich failing to disclose material facts. Costs were awarded against Medich. In another matter that is currently awaiting resolution, Medich and the Executors of McGurk's estate are in dispute, has been stood over, for the present.
Other business links
Prior to his death, McGurk was negotiating a property deal for another BRW Rich 200 member, billionaire Bob Ell. Ell's company, Leda Holdings, had interest in Kings CrossKings Cross, New South Wales
Kings Cross is an inner-city locality of Sydney, New South Wales, Australia. It is located approximately 2 kilometres east of the Sydney central business district, in the local government area of the City of Sydney...
landmark property, the Crest Hotel. Ell was seeking to redevelop the Crest and buy the property for $70m from Australand. McGurk was reportedly negotiating on behalf of Ell for business associates of John Ibrahim to run the downstairs bar area of the Crest in return for an investment of $10-$15m. McGurk was working with Ell to collect rent from tenants and met disgraced former company director, Jim Byrnes. Despite initially being on opposing sides of negotiations, Byrne and McGurk would later form a friendship, and work together for Ell. Ell's company, Leda Holdings, held a $450,000 mortgage over McGurk's city office on York Street, Sydney - which is owned by McGurk's wife. It is reported that Australand rejected the McGurk's proposal just days before his death.
McGurk's company, Bentley Smythe, had previously loaned up to $1 million to Cremorne businessman Richard Woods. Woods was the owner of a bathhouse, located on the first floor of the Crest Hotel building, which was beset by leaking water problems.
Another BRW Rich 200 member, Sydney telecommunications and financial software millionaire, Theo Baker, provided McGurk with a $300,000 loan in order to retain his black Mercedes S-class, following repossession of the vehicle by a finance company. Baker's loan was secured by a mortgage against a city property owned by McGurk's wife.
HSBC Australia held a second mortgage over the Cremorne family home, located in Cranbrook Avenue, and the scene of the murder. It was reported on 24 October 2009 that HSBC Australia, as mortgagee in possession, placed another Cremorne property owned by McGurk, in Orlando Avenue, up for sale. During the mortgagee auction proceedings it was revealed that Justin Brown, a business associate of McGurk and Chairman of CB Richard Ellis
CB Richard Ellis
CBRE Group, Inc. , a Fortune 500 and S&P 500 company headquartered in Los Angeles, is the world’s largest commercial real estate services firm . The Company has approximately 31,000 employees , and serves real estate owners, investors and occupiers through more than 300 offices worldwide...
residential real estate division, had purchased the property for an estimated $1.4m, much to the ire of registered bidders.
At various times McGurk's business associates included Mark Burby, a Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
businessman, who together with McGurk were allegedly planning to blackmail
Blackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
the Sultan of Brunei
Hassanal Bolkiah
General Haji Sir Hassan al-Bolkiah Mu'izzaddin Waddaulah GCB GCMG is the Sultan and Yang Di-Pertuan of Brunei Darussalam, the 29th Sultan of Brunei and the first Prime Minister of Brunei Darussalam...
following an earlier unsuccessful attempt to sue the Sultan for reneging on a deal to buy a 400-year-old miniature Koran. According to Burby, the blackmail related to "...an ongoing private matter involving one of the Sultan’s relatives".
Closed or failed companies
The closed and failed companies associated with McGurk and financial position (where known) included:- Tandew - The Federal CourtFederal Court of AustraliaThe Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
ordered liquidation of the company in February 2007 following an application by the Deputy Commissioner of TaxationCommissioner of Taxation of the Commonwealth of AustraliaAustralian Taxation Commissioners* George McKay - 1910 to 1916*Robert Ewing - 1917 to 1939* Lawrence Jackson - 1939 to 1946* Patrick McGovern - 1946 to 1961* John O'Sullivan - 1961 to 1963* Daniel Canavan - 1963 to 1964* Edward Cain - 1964 to 1976...
. Debts of $1.95m were outstanding - Australian Residential Land Company - application for voluntary deregistration lodged on 24 July 2009 by the directors, McGurk and Ron Medich. The sole shareholder of this company is a company whose directors include Neville WranNeville WranNeville Kenneth Wran, AC, CNZM, QC was the Premier of New South Wales from 1976 until 1986. He was National President of the Australian Labor Party from 1980 to 1986 and Chairman of both the Lionel Murphy Foundation and the Commonwealth Scientific and Industrial Research Organisation from 1986...
, a former Labor Premier - Acett - Ron Medich Properties (a company controlled by Medich) made application on 15 April 2009 for Acett to be wound up; and later withdrew the application
- The Australian Hotel Group - liquidators were appointed in September 2005. McGurk was not a director of this company at this point in time; serving as a Director between 2001 and 2004. It was reported that in April 2008, the company has debts of $4.4m to 24 creditors
- Chilfunky
- Amswell
- MMG Investments
- ATC Growt
- Re-Educate
- Thermoelectric International
- Sports Management International
- Australian Telecommunications Consortium
- Grand Prix Swimming
Connections with the Labor Party
McGurk had also been lobbying on the sale of Currawong, a 23-hectare PittwaterPittwater
Pittwater is a body of water extending south from Broken Bay, New South Wales, Australia parallel to the coast.The waterway was surveyed by crew members of HMS Sirius in 1788, and named Pitt Water after British Prime Minister William Pitt the Younger...
site owned by Unions NSW
Labor Council of New South Wales
The Labor Council of New South Wales is a representative body of Trade union organisations in the State of New South Wales, Australia. As of 2005 there are 67 unions and 8 Rural and Regional Trades & Labor Councils affiliated to the Labor Council, representing 800,000 workers in NSW...
. Moses Obeid, the son of Labor powerbroker Eddie Obeid
Eddie Obeid
Edward Moses Obeid OAM , a former Australian politician, was a member of the New South Wales Legislative Council who served between 1991 and 2011, representing the Australian Labor Party. He was the Minister for Fisheries and the Minister for Mineral Resources from 1999–2003...
, was helping McGurk negotiate with John Robertson
John Robertson (New South Wales politician)
John Cameron Robertson MP , an Australian politician, is the Leader of the Australian Labor Party in New South Wales and the Leader of the Opposition. Robertson is a member of the New South Wales Legislative Assembly representing Blacktown for Labor since 2011...
, who was Secretary of Unions NSW at the time. Following McGurk's death, Robertson stated to the media that McGurk had been representing Medich and that while their $30m bid for Currawong was the highest, it was conditional on development approval. Unions NSW accepted a bid for a lesser amount, because there were no conditions attached.
Richard Vereker, an associate of McGurk and aged 68 at the time of McGurk's death, had earlier been mentioned in a 2008 ICAC inquiry involving Wollongong City Council. At this Inquiry, ICAC found that eleven individuals engaged in various forms of corrupt conduct between 2004 and 2007. Vereker, a former butcher, bookmaker, and Wollongong businessman, had reportedly facilitated a meeting between McGurk and former Labor powerbroker, Graham Richardson that later led to McGurk attempting to exhort Medich. Vereker, a disability pensioner, was reportedly NSW Labor's second largest individual donor, with a political donation of $75,000 in the 2007 state election campaign. On 1 July 2010, Vereker, with author Mark Abernethy, published a biography of McGurk, called The Fast Life and Sudden Death of Michael McGurk.
The Sydney Morning Herald also revealed links with Craig Knowles
Craig Knowles
Craig John Knowles is a former Australian politician and member of the New South Wales Legislative Assembly from 1990 to 2005....
, a former NSW Planning Minister, and Socceroos captain, Lucas Neill
Lucas Neill
Lucas Edward Neill is an Australian Soccer player who currently plays for UAE Pro-League club Al Jazira. He is a full back. Neill had spent almost 15 years of his career playing in England. He represented Australia at the 2006 FIFA World Cup, the 2007 AFC Asian Cup, the 2010 World Cup in South...
in McGurk's alleged role as a financial middleman for the set-up of a proposed western Sydney A-League soccer team. The registered office of Sydney Wanderers Football Club, the legal entity of the proposed new club, was the offices of Bentley Smythe in York Street, Sydney - McGurk's place of business. The proposal to set up the new soccer club collapsed on Wednesday 2 September 2009, the day before McGurk's murder. It was later revealed that McGurk was acting on behalf of Paddy Dominguez, Neil's manager and Bob Ell, a potential sponsor of the soccer club.
Criminal investigations against McGurk
In early 2009, McGurk had been charged with assault and two charges of firebombingFirebombing
Firebombing is a bombing technique designed to damage a target, generally an urban area, through the use of fire, caused by incendiary devices, rather than from the blast effect of large bombs....
houses, one of which was that of Adam Tilley, allegedly firebombing the Point Piper home in November 2008. Tilley purchased the Wolseley Road mansion from Medich for $12.5m in 2004. Central to the dispute between Tilley, Medich, and McGurk was an agreement for Tilley and Medich to develop land adjoining the Wolseley Road property that could potentially yield Medich $20m (net). As the global financial crisis resulted in a dip in property market values, Medich assigned his $10m interest in the Point Piper property to McGurk. McGurk allegedly demanded Tilley repay the maximum $20m. McGurk commenced action in the Supreme Court
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
when his demands were refused. Two weeks prior to his murder, the Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
dropped the charges, including the alleged firebombing of another property in Queen Street, Beaconsfield, owned by the valuer Stuart Rowan.
McGurk had also been charged in connection with an assault on Rowan after Rowan refused to provide McGurk with a valuation on a Bathurst
Bathurst, New South Wales
-CBD and suburbs:Bathurst's CBD is located on William, George, Howick, Russell, and Durham Streets. The CBD is approximately 25 hectares and surrounds two city blocks. Within this block layout is banking, government services, shopping centres, retail shops, a park* and monuments...
property. Other charges that were dropped related to the alleged assault on a former employee, Will Manning with a cricket bat and further counts of arson relating to the firebombing of a former business associate's Cremorne property. Media reports claim that McGurk was involved in the alleged firebombing of a Balmoral house, owned by Justin Brown (of CB Richard Ellis); although Brown never pressed charges against McGurk. Brown was also assaulted in his office - allegedly on McGurk's instructions.
Other criminal allegations against McGurk
Following McGurk's death, an unnamed criminal, aged 73, prosecuted for fraud and in custody at the time of McGurk's death, alleges that he was kidnapped and tortured by associates of McGurk because he was trying to leave a gang that was undertaking systemic and organised superannuation fraud. Apparently police were aware of the alleged fraud scheme (operating between 2003 to 2005) and grossed in excess of $2M for McGurk; but were unable to obtain a clear link to prove McGurk was involved, despite the man making the allegations living in a property owned by McGurk, in Orlando Avenue, Cremorne.Murder
McGurk was murdered by a single gunshot to his head some time between 6:30 pm and 6:45 pm on Thursday, 3 September 2009 outside his multi-million-dollar family home in Cranbrook Avenue, Cremorne. McGurk lived in the house with his wife, Kimberley, and their four children and were reportedly "...a Catholic family, a lovely family." According to friends and McGurk's priest, he was a generous man and doting father. McGurk's nine-year-old son, Luc, was with him at the time of the shooting and is reported to have been a witness to the murder. Emergency services were called to the murder scene and rendered assistance to McGurk; however he could not be saved and died at the scene of the shooting.Funeral
McGurk's life was celebrated at a public funeral held in at Mosman'sMosman, New South Wales
Mosman is a suburb on the Lower North Shore of Sydney, in the state of New South Wales, Australia. Mosman is located 8 kilometres north-east of the Sydney central business district and is the administrative centre for the local government area of the Municipality of Mosman.-Localities:In February...
Sacred Heart Catholic Church, where more than 300 people were in attendance. His children recalled a loving, benevolent family man and soccer coach. McGurk's youngest daughter Mia, aged 11, was reported as saying:
- "You are the best dad in the whole wide world and I love and still love you more than anything."
A letter written by Luc for Father's Day was read to the congregation:
- "I remember when we went to my first soccer gala day and you were the one on the sideline cheering me on," he wrote.
His other son, Lochlan wrote:
- "Thanks, dad, for all the time we have had together. I will miss you."
McGurk's eldest daughter, Nicola, aged 12, was reported as saying to the congregation:
- "He always gave to the poor and wouldn't expect anything in return. He was a great businessman. If Dad ever saw anything that needed to be fixed, he'd fix it straightaway."
McGurk's father, Bob, and his brothers, Edward and Bobby, travelled from Scotland to attend the funeral.
Tape revelations
Within days of McGurk's death, it was revealed that McGurk had a tape recording of a conversation with Medich, which McGurk was allegedly using to try to extort money from Medich. It was alleged that Medich was attempting to influence government officials by improper means. It was reported that Medich sought planning approval to rezone land that he owned at Badgerys CreekBadgerys Creek, New South Wales
-People:According to the 2006 census taken by the Australian Bureau of Statistics, Badgerys Creek had a population of 721, an improvement on the 1996 figure but still less than half the number in 1981. Well over half the houses were being rented , largely because of the federal government's...
on the south-western fringes of Sydney. There was immense and, what some described as, sensational, media coverage about these tapes, their content, and possible ramifications. The Sydney Morning Herald
The Sydney Morning Herald
The Sydney Morning Herald is a daily broadsheet newspaper published by Fairfax Media in Sydney, Australia. Founded in 1831 as the Sydney Herald, the SMH is the oldest continuously published newspaper in Australia. The newspaper is published six days a week. The newspaper's Sunday counterpart, The...
Saturday edition published on 5 September 2009 ran with a front page banner “Exclusive: Secret tape blamed for killing”. Directly below the banner: “It could bring down the Government.”
On Sunday, 6 September 2009, Graham Richardson, a former senior Government minister in the Hawke
Bob Hawke
Robert James Lee "Bob" Hawke AC GCL was the 23rd Prime Minister of Australia from March 1983 to December 1991 and therefore longest serving Australian Labor Party Prime Minister....
and Keating
Paul Keating
Paul John Keating was the 24th Prime Minister of Australia, serving from 1991 to 1996. Keating was elected as the federal Labor member for Blaxland in 1969 and came to prominence as the reformist treasurer of the Hawke Labor government, which came to power at the 1983 election...
Labor governments and now political lobbyist, told Channel Nine
Nine Network
The Nine Network , is an Australian television network with headquarters based in Willoughby, a suburb located on the North Shore of Sydney. For 50 years since television's inception in Australia, between 1956 and 2006, it was the most watched television network in Australia...
that he has heard the tape and the key part which apparently exposes the Labor figures is inaudible. Richardson went on to say that McGurk was allegedly trying to blackmail Medich for $8m and that in about June 2009 Richardson had provided a formal statement to NSW Police. Commenting on Richardson's very public denial of the tapes containing any matter of substance, Jennifer Hewett, national affairs columnist with The Australian
The Australian
The Australian is a broadsheet newspaper published in Australia from Monday to Saturday each week since 14 July 1964. The editor in chief is Chris Mitchell, the editor is Clive Mathieson and the 'editor-at-large' is Paul Kelly....
, wrote:
- The very notion that Richardson - a man normally desperate to avoid contributing to his media profile these days - is so determined to publicly dismiss the significance of the tape should set off plenty of alarms.
On Monday, 8 September 2009, NSW Police passed a copy of this tape to the Independent Commission Against Corruption
New South Wales Independent Commission Against Corruption
The Independent Commission Against Corruption is an independent agency of the Government of New South Wales with responsibility for investigating corrupt practices by state and local officials in the state of New South Wales...
(ICAC). However, the NSW Opposition called for a Parliamentary Inquiry. On 9 September 2009, a motion was carried in the Legislative Council to establish an inquiry into Badgerys Creek land dealings and planning decisions. The inquiry's Terms of Reference included inquiring into and "report on land dealings and planning decisions relating to land or interests in land held solely or jointly by Ron Medich Properties Pty Ltd and Roy Medich Properties Pty Ltd in or around Badgerys Creek", with a particular focus on roles of the Minister for Planning, other Ministers, NSW Planning, other government agencies, members of parliament, political parties and lobbyists, and to make recommendations about planning integrity. Fourteen submissions were received, including submissions from Richardson, NSW Planning (via Sam Haddad), the Property Council of Australia, and Penrith City Council
City of Penrith
The City of Penrith is a Local Government Area in Sydney, located about west of Sydney's central business district.- History :The Municipality of Penrith was incorporated on 12 May 1871 under the Municipalities Act 1858. On 3 March 1890, St Marys was separately incorporated, and on 26 July 1893...
. Public hearings were held on:
- 29 September 2009 - appearing were Haddad and other NSW Planning officials, Kristina KeneallyKristina KeneallyKristina Kerscher Keneally MP, is an Australian politician and was the 42nd Premier of New South Wales. She was elected leader of the Australian Labor Party in New South Wales and thus Premier in 2009, but went on to lose government to the Liberal/National Coalition at the March 2011 state election...
in her capacity as Minister for Planning, and both Roy and Ron Medich; - 19 October 2009 - appearing were Frank Sartor, in his capacity as a former Minister for Planning, Richardson, and Haddad and other NSW Planning officials); and
- 14 December 2009 - Richardson again appeared.
An interim report was tabled to Parliament on 20 November 2009, and made eleven recommendations with a focus on stronger regulation of contact between planning officials, development proponents and lobbyists. The Committee also recommended tighter regulation of political donations. The second supplementary report was tabled on 25 February 2010 and only became necessary as a result of Richardson’s unwillingness to respond in writing to questions submitted after his evidence at the Committee’s first hearing.
Meanwhile, based on information in the recording plus media reports and information provided by an inmate in a correction centre, ICAC identified 13 matters for investigation. A public enquiry was held over five days, and commenced on 1 February 2010. Medich, Haddad, and Richardson all gave evidence at the ICAC Inquiry. The Commissioner determined that there were no findings of corrupt conduct; and was unable to substantiate any of the 13 allegations.
Arrests
On 13 October 2010, 13 months after the murder of McGurk, homicide detectives arrested the following:- Fortunato "Lucky" Gattellari (60), a former Australian featherweightFeatherweightFeatherweight is a weight class division in the sport of boxing. There are similarly named divisions under several Mixed Martial Arts organizations and in Greco-Roman wrestling.-Professional boxing:...
boxing champion and brother of Rocky GattellariRocky GattellariRocco "Rocky" Gattellari is an Australian former boxer, Olympian, political candidate and businessman.-Olympic Games:Gattellari was selected in the Australian team for the 1960 Summer Olympics in Rome, Italy...
- charged with soliciting the murder of McGurk and being an accessory after the fact - Senad Kaminic (42), a former Bosnian soldier and business associate of Gattellari - charged with being an accessory before and after the murder of McGurk
- Haissam Safetli (45) - charged with murder of McGurk
- Christopher Estephan (20) - charged with murder of McGurk
It was reported that four days after the murder of McGurk, police seized a number of weapons from Gattellari's home. Media reports claim that Gattellari was appointed a director to a number of companies associated with Medich in July 2009. Court documents lodged by police, allege that some time after 1 May 2009, Gattellari solicited Safetli to murder McGurk and that for more than 13 months after the killing "did receive, harbour, maintain, and assist" Safetli. Medich, who has reportedly known Gattellari from childhood, had lent millions to Gattellari, including $4.8m between November 2009 and October 2010 and $16m in total, through various joint ventures.
On 27 October 2010, police arrested a fifth man, Ronald Edward "Ron" Medich, and charged him with soliciting to murder McGurk. Police alleged that Medich was the mastermind
Mastermind
-In psychology:* Genius* Mastermind , one of the 16 role variants that the Keirsey Temperament Sorter is based on* INTJ , a Myers-Briggs Type Indicator-In games:* Mastermind, classic board game...
of the murder plot. Police arrested Medich at his solicitor's office and it was reported that Gattellari agreed to give evidence against Medich in defence of his own conspiracy charges. It was also reported that Safetli was prepared to give evidence against Medich. Despite Medich offering to put up $1 million in surety and his younger brother Roy Medich offering $500,000 in cash, bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
was refused. A few days later, Ron Medich was charged with murder of Michael McGurk. Much media attention was made of Medich's fall from grace, as he spent a little under two months in solitary confinement whilst in custody, before being released on conditional bail.