Clive Palmer says he is “always under persecution” after a magistrate ruled the mining magnate’s human rights may have been impeded in a long-running case.
The billionaire businessman on Friday enjoyed a win, successfully having his matter referred to the Supreme Court over claims he and his family had suffered as a result of delays in the case.
Mr Palmer, 71, faced Brisbane Magistrates Court after filing an application for a human rights referral to the Supreme Court in his Australian Securities and Investments Commission (ASIC) matters.
After magistrate Cameron McKenzie ruled in his favour on human rights grounds, a “very grateful” Mr Palmer spoke to media outside.
“They have to take the Human Rights Act seriously,” he said.
“Of course, I’m always under persecution from somebody at some time because of my views and my controversy.
“But it’s important if you can make precedence for other people so they get the benefit of it.”
Mr Palmer was charged by the independent financial regulator in 2018 along with Palmer Leisure Coolum.
The charges relate to an allegation Mr Palmer and his business broke the law when he attempted to buy out timeshare investors in his Sunshine Coast resort but did follow through on a bid within the required two-month period.
The magnate was again charged by ASIC in 2020 following an investigation.
He was accused of improperly transferring more than $12.1 million through his company Mineralogy to Media Circus and Cosmo Developments, ultimately using the funds for the Palmer United Party 2013 federal election campaign.
Mr Palmer had argued his human rights may have been impeded in his Queensland fraud case because prosecutors failed to disclose documents against him for years.
Mr McKenzie ruled in favour of Mr Palmer on Friday, saying both sets of proceedings would be referred to the Supreme Court.
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But he had some sympathy for the prosecution after the delays in progressing the matter, saying “it does rest heavily with Mr Palmer”.
“The prosecution has been taken on a number of side steps and tangents with these proceedings,” he said.
“Mr Palmer has unsuccessfully taken issue with nearly every decision made in this court, and indeed, numerous occasions in other courts.
“Those other proceedings would most likely have taken prosecution’s focus away from their disclosure obligations in this court.”
In 2018 Palmer Leisure Coolum was charged with proposing a bid and then failing to make an offer within two months, and Mr Palmer was charged with aiding and abetting the company to commit an offence.
In 2020, he was charged with two counts of dishonestly using his position as a director and another two counts of fraud by dishonestly gaining a benefit or advantage.
Mr Palmer on Friday said the charges had “no substance”.
“Justice always wins and we’ve got to stick with the system we’ve got – but make sure that it works,” he said.
