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SAJC--report of inquiry into suitability of close associates - Portellos ...

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Inquiry <strong>into</strong> the <strong>suitability</strong> <strong>of</strong> certain <strong>close</strong> <strong>associates</strong> <strong>of</strong> the<br />

South Australian Jockey Club<br />

Report<br />

discovered, after the <strong>close</strong> <strong>of</strong> the membership validation process, that the class <strong>of</strong><br />

membership he held (corporate membership) did not entitle him to be a candidate for<br />

the board. Mr O’Brien explained that he was disappointed with this outcome, noting<br />

the long connection Mr Hayes and his family had had with South Australian racing.<br />

He went on to explain that Mr Hayes could have been accepted as a candidate at the<br />

election through a process which involved a unanimous vote <strong>of</strong> the then 5-member<br />

<strong>SAJC</strong> board. This was not undertaken and Mr O’Brien noted that two <strong>of</strong> the 5<br />

members were also candidates at the election.<br />

Prior to the conclusion <strong>of</strong> the 2009 election, Mr O’Brien had communicated with the<br />

Authority (by email) some concerns he had with the election process. The Authority<br />

gave him the opportunity to raise those matters as part <strong>of</strong> his examination.<br />

Mr O’Brien expressed concern that his group had been refused the opportunity to<br />

send a mailing to all members <strong>of</strong> the <strong>SAJC</strong> when, as he saw it, Mr Peacock had sent a<br />

long letter to as many as 500 members 9 . His request had been made to the <strong>SAJC</strong><br />

which, after taking advice from the Electoral Commission (as its election contractor),<br />

had declined the request.<br />

Mr O’Brien regarded that number as a significant proportion <strong>of</strong> the electorate, noting<br />

that usually the number <strong>of</strong> votes cast is about 1000; he questioned whether such a<br />

mailing could have been undertaken on the basis <strong>of</strong> members’ names and addresses as<br />

known by the originator <strong>of</strong> the mailout. He told the Authority that a number <strong>of</strong> older<br />

<strong>SAJC</strong> mailing lists existed and, indeed, that his group had been <strong>of</strong>fered one <strong>of</strong> them<br />

for use in its campaign. (Mr O’Brien had declined that <strong>of</strong>fer.)<br />

Mr O’Brien did not consider the election to have been contested on a level playing<br />

field. At the time <strong>of</strong> appearing before the Authority, he and his group had not made a<br />

decision about challenging the election—they were reserving their rights.<br />

Mr O’Brien expressed particular concern about an article which appeared in the<br />

Advertiser on 18 April 2009. The article was headed “Steve’s team or the other team”,<br />

it included photographs <strong>of</strong> the Transparency Plus candidates and the Group <strong>of</strong> 9 (<strong>of</strong><br />

which he was a member) except for him. He expressed his frustration:<br />

and later:<br />

Believe it or not, I’m not even a candidate. Every candidate is mentioned there, but I’m not.<br />

All they did constantly throughout this was just associate our group totally with Ploubidis.<br />

Now, many members were <strong>of</strong>fended by that, including me. I mean, I wrote the very next day I<br />

called the Advertiser and I spoke to... I asked for Simon White, who was the journalist. He<br />

was not there, so I was put through to Kim Wheatley, she’s chief <strong>of</strong> staff. I spoke to Kim<br />

about it. I said, “Look, we want this resolved. This is terrible.” I mean, that is a quantum leap<br />

to suggest that by any stretch <strong>of</strong> the imagination we recognise and accept the dismissal <strong>of</strong><br />

Steve Ploubidis. We had stated that. On that basis, to brand everyone in this group I mean, I<br />

think one <strong>of</strong> the persons in our group had never even met Steve Ploubidis. It’s just pushing<br />

one way all the time. I mean, it was constant.<br />

9<br />

Mr Peacock had put the number at “about 375”—see page 32.<br />

45

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