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Brimbank Labor's oldest platform

News that former City of Brimbank mayor Charlie Apap has been convicted for indecent assault puts the spotlight once again on some of the more unsavoury history of the ALP in Melbourne's western suburbs, as a number of press reports show.

Labor Party identity Apap, 70 is known locally as a rent collector. He was found guilty in the Sunshine magistrate's court of putting his hand down the back of a 20 year old mother's jeans and underwear while collecting her rent.

Adding insult to injury, as the Leader reports "The landlord made a subsequent application for lost rent money due to the tenant giving insufficient notice before vacating the premises".

Apap is no stranger to the court, having previously been involved in a dispute over unpaid printing bills for Labor candidates at a Brimbank council election. At the last election five councillors did not declare any contributions to their electoral campaigns.

One of the councillors, Ken Capar, subsequently got into hot water at a New Zealand conference while on a council-funded junket for the Keilor Cemetery Trust. According to reports Capar remained drunk for the full three days of the conference, and was unfortunate enough on his return to wake up and see the headline "I was drunk" plastered on the front pages.

According to the local Star newspaper two women reported alleged sexual advances by Cr Capar. The story continues

"Cr Capar admitted being intoxicated on Thursday 10 October during the last day of the conference but in a letter to the Keilor Cemetery Trust he objected to allegations which included making inappropriate sexual advances to female and male delegates."

To cap it off hotel security staff later found him in possession of certain items that had been reported missing by other delegates.

Sexual harassment and theft by a councillor would not normally be rewarded. Capar resigned from the Cemetery Trust in disgrace but remains a sitting Brimbank councillor, no doubt grateful for the complexities of trans-Tasman litigation.

Chairwoman of the Trust at the time was Brimbank's Deputy Mayor Kathryn Eriksson, forced to endure the full three days of Capar's ratepayer-funded extravagance. With talk of police charges however she defended her colleague and in doing so submitted herself to public humiliation, saying

"It's a disgrace that we (the trust and council) can't communicate between ourselves. To have people turn around and say that we're going on junkets just because of one person behaved inappropriately, I find it really sad."

Indeed it is. Even more sadly Deputy Mayor Eriksson is also known as the wife of former Labor Minister Andrew Theophanous who became the first sitting member of parliament to be gaoled for bribery, conspiracy to defraud the Commonwealth and corruption.

Evidence submitted at his trial alleged that in rorting the immigration system he wasn't just seeking money, but also sexual gratification. An NCA tape recording has him saying "Maybe next week or towards the end of the week we might have a meeting, you know, see if I like her."

Channel 9's Sunday program quotes Theophanous from the secret recordings soliciting sexual favours. "…and she is prepared to have some times with me but keep her mouth shut completely then we will do it for $100 for a year." [A discount from the standard illegal fee he was asking for from clients].

Theophanous is still seen at Brimbank Council meetings, where he occasionally bumps into his close factional ally Hakki Suleyman. Suleyman is father of Brimbank councillor Natalie Suleyman; he runs the local migrant resource centre and in his spare time works as electoral officer for Planning Minister Justin Madden.

Suleyman was the subject of a formal complaint to the council in 2005, describing his behaviour toward a woman at a council meeting as "angry, rude, confrontational and abusive" to the point where she had to ask the CEO for protection and to be escorted to her car.

A number of metropolitan papers report an alleged assault by Suleyman on a woman handing out leaflets in the street. According to the Age

"He was pulling me and I was shaking back and forth at the force. I just saw his face and I thought, 'He's going to hit me'. I then started to panic and I screamed at the top of my voice, 'You leave me alone.' And he backed off."

The Herald Sun report of the incident mentions welts and cuts left by Suleyman on the victim's arm while "A day later, his son Mehmet Suleyman, who worked for former police minister Andre Haermeyer, allegedly attacked a young man with a screwdriver -- an incident police are now investigating." The report also mentions a fist fight between the younger Suleyman and Brimbank councillor Sam Tabban, but that's another story. Stay tuned for that one.

The press reports taken together paint the ALP in the west as a party of misfits and sexual predators using intimidation in the exercise of their power: the power of the rent collector over the young tenant, the power of the drunken councillor, the power to grant or deny a visa, and the power of sheer physical force.

Suleyman daughter Natalie shares with Charlie Apap the dubious distinction of being a former mayor of Brimbank council. Along with her current duties as councillor, she works as electoral officer for the now-discredited former Police Minister and MP Andre Haermeyer. For a time she worked alongside convicted criminal Craig Otte in the same office.

Haermeyer came to prominence again more recently when the Herald Sun reported police sources alleging he tried to influence the outcome of a rape investigation by using his influence over "top cop" Noel Ashby.

Ashby for his part said it was appropriate to keep Mr Haermeyer "informed" because Mr Haermeyer had a professional relationship with the woman. Perhaps you can work that one out.

The story makes allegations about the role of the Victorian ombudsman in the case and concludes by stating the obvious - there is no crime and corruption commission in Victoria capable of investigating the misdeeds of our elected representatives.

And don't they know it.

Marshall Norman Sheehan it seems was quite partial to borrowing a client's car for his personal use. In the above extract from Borderline's August issue, it seems that once he has driven this particular car into the ground he moved on. It wasn't only the car that he had driven to the ground. The client had been driven into the ground as well. Eventually it seems that the borrowed car option had (be it temporarily), exhausted. Not for long. Because it wasn't long afterwards that he would again be in possession of a borrowed car. This time his conveyance would be somewhat more upmarket, a XK8 Jaguar. Ironically, in this instance he had came in possession of the car that only months before had belonged to him.

It was around 2006 that Marshall Sheehan took possession of a Jaguar XK8, valued at the time Borderline has been told at anywhere between $80-$100,000. His line of finance was provided by Bidgee Finance, based in Mildura and since gone into liquidation. It wasn't long before Sheehan was failing to make the lease payments and eventually Bidgee Finance repossessed both cars. No doubt it must have been a bit disconcerting for Sheehan when the XK8 was towed away from outside the Albury Court House.

The cars sat in a panel shop near the Albury Airport before a businessman (who would prefer to remain anonymous) offered to buy them at a heavily discounted price primarily because of the condition Sheehan had allowed the cars to fall into. They were taken back to Melbourne and partially repaired. The businessman had known Sheehan sometime before because of their mutual interest in Jaguar cars. Sheehan became aware that the businessman was engaged in a matter before the Family Court. Sheehan asked the businessman if he would like him to take the case on. The businessman was to rue the day that Sheehan took possession of the file.

At this stage every time Sheehan travelled to Melbourne, which was frequent, his only mode of transport was by public transport and taxis. A short time after Sheehan had been engaged by the businessman Sheehan suggested that the dealer's legal bill would be a bit more easier on the pocket if he had a car to drive. The dealer then offered the XK8 which had been repossessed just a while back. The dealer said that he would get a price and that Sheehan should get a price on the car so as to determine an agreed leasing arrangement. Eventually it was mutually decided that the lease payments would be $1,426 a month. The businessman made further repairs to the car at his own expense. Apparently the dealer's trust in Sheehan was such that because Sheehan was an undischarged bankrupt and could not raise the available finance, the businessman would finance the deal from his own company. Furthermore it was a verbal agreement, an arrangement that in time would add to further confrontation and angst.

It was a few weeks after that the businessman began to get numerous traffic infringements that over time would run into thousands of dollars. Because the car was still in the dealer's name he had to see that the infringement notices were passed on to the person responsible for the infringements. Sheehan. Just a week or so back the businessman received an infringement notice. In this instance it was from interstate, travelling over the Sydney Harbour Bridge without paying the toll. If ever there was an quintessential traffic infringement it was trying to get over the Sydney Harbour Bridge without paying. Perhaps Sheehan had some legal precedent in mind or was intent on making one. Perhaps the same could be said about all the other traffic infringements he had accrued since he had taken possession of UNA - 921.

The businessman never did receive a lease payment. In the Family Court matter Sheehan's insatiable appetite for more money to pursue the case was starting to unsettle the dealer. It seemed the whole thing was going nowhere. After a while the businessman refused to pay Sheehan any more money. Sheehan had bled him for tens of thousands of dollars in fees and other 'in kind' benefits. The businessman who asked Borderline that the full amount of money in kind benefits Sheehan got from him should not be disclosed as it would send a lot of people in a similar situation to the wall.

The businessman also wanted his car back.

In February 7 to be known as Black Saturday, the businessman approached Sheehan in the foyer of the Windsor Hotel. Sheehan stayed at the Windsor and he did so on a regular basis. Sheehan told the businessman bluntly that if he would not be getting his car back, the businessman who had approached Sheehan in full daylight in the hope that there would be witnesses if any accusations or inferences were to be made at a later date, then went to telephone the police. It was to no avail. Sheehan has disappeared.

A few days later the businessman received an Intervention Order from Sheehan. The Intervention Order expired early December. That's the thing about Marshall Sheehan he knows how to use the law to his advantage. By this time Sheehan who had previously lived at 6B Diffy Road, Beechworth had seemingly left suddenly, whether he was evicted or absconded depends on who you talk to. Things had been heating up for Mr Sheehan. It seemed a certain degree of anonymity was needed.

This led to another difficulty in that Sheehan had left no forwarding address. The businessman rang the Law Institute of Victoria to get help in locating Sheehan. Do legal practitioners have an obligation to notify their change of address. About a fortnight they said. Why then on the Legal Services Board (December 18, 2009) Victoria's Register of Legal Practitioners is Sheehan's address still 6B Diffy Road Beechworth. The car dealer had been making enquiries for months to the Law Institute of Victoria on the whereabouts of Sheehan. All to no avail.

Surprisingly, however, just a few days before Borderline had contacted the businessman. An Albury woman who wishes to remain anonymous (such is Marshall's reputation for vindictiveness that everyone Borderline has spoken to in relation to Sheehan have asked their names not be disclosed) contacted Borderline. Apparently she had been ripped off by Marshall Sheehan to the tune of nearly $4,000 close to 20 years ago. She rang up Wodonga police 'after thinking about it for a few weeks' after seeing a Prime news segment of Sheehan being brought before the magistrate in Wodonga in late November 2009 on 15 charges of deception for taking legal fees from clients while not having a practicing certificate and driving while his license was suspended for not having paid 34 outstanding traffic fines. She was told that he had a Green Jaguar registration UNA - 921. Almost miraculously a few days later she saw the car being driven along a particular street in Albury and had the feeling, call it female intuition that the owner lived somewhere near. Further investigation followed. What she found out was that the car was parked in a street off Wilcox Street. But he didn't live there it seemed. Further investigation followed and she eventually found out where he lived. Borderline is not inclined to publish a photograph of his current abode - more on the count of mercy than anything else, although the car is a different matter. Borderline asked someone to independently verify it's location it wasn't there. No need to worry as the following day it had returned brooding in it's anonymity.

It can only be hoped that Sheehan is not behind the wheel when UNA-921 goes makes it's way through the streets of Albury and assorted environs because it has been hardly a month previous that he was before the magistrate in Wodonga for unlicensed driving.

How many more of them were there she thought. The charges of deception and taking legal fees from clients without a practicing certificate was adjourned till March 2010. Sheehan said he will defend the deception charges vigorously and take it to a higher court with a judge and jury where apparently is more optimistic of a sympathetic hearing.

Mr Sheehan who also practiced in Albury, Tocumwal and Finley. Borderline contacted the Law Society of NSW and was told he did not renew his license to practice in NSW in 2006. However in the Yellow Pages both printed and online Sheehan Marshall and Associates are still listed with their Swift Street, Albury office address and phone number. Sheehan not renewing his license did not stop him practicing , like when he represented the Malone Family in an inquest into the death of John Malone before NSW Deputy Coroner, Carl Milovanovich in September 2008.

That would mean that he would still have a Practicing Certificate in Victoria which allows lawyers to practice interstate. Here it all becomes very murky. Borderline emailed Elizabeth Rhodes, Practitioner Information Officer at the Legal Services Board which is responsible for the regulation of the legal profession, as well as the maintenance of professional standards in Victoria concerning how Sheehan still had a Practicing Certificate in Victoria when he was charged on 15 counts of deception. In what period did Sheehan not have a practicing certificate. Was it a disciplinary matter or did Sheehan not renew his practicing certificate. The Legal Services Board which makes available records of disciplinary action against errant lawyers shows no disciplinary action was taken against Sheehan. The question Borderline asks and has been unable to answer is when why didn't Sheehan have a practicing certificate in VIC.

In NSW it seems that the Law Society of NSW is concerned about Sheehan's professional integrity if this 'invitation' is any indication.

NOTICE INVITING CLAIMS AGAINST LEGAL PRACTITIONERS FIDELITY FUND

The Council of the Law Society of NSW invites any person who has suffered pecuniary loss because of default by the law practice Marshall Sheehan & Associates arising from the
conduct of an associate of that law practice, Marshall Norman Sheehan, or failure to account by Marshall Norman Sheehan (see below), to make a claim against the Legal Practitioners Fidelity Fund. Marshall Norman Sheehan practiced at 119 Hume Street, Wodonga and
earlier at Suite 102, 526 Swift Street, Albury, Suite 4, 520 Swift Street, Albury and branch
offices at 35 Deniliquin Street, Tocumwal and Shop 2 Central Arcade, 140 Murray Street,Finley. The law practice Marshall Sheehan & Associates was conducted at the same
addresses.
Under the Legal Profession Act 2004 a default occurs where
• the law practice (or an associate of the law practice) received trust money or trust
property
• that receipt was in the course of the law practices (or an associate's) legal practice
• the law practice has failed to pay or deliver the trust money or trust property, or there
has been a fraudulent dealing with it
• that failure or fraudulent dealing arises from, or is constituted by, an act or omission
of an associate of the law practice which involves dishonesty.
An associate includes a solicitor, employee or agent.
Under the Legal Profession Act 1987 a failure to account occurs where
• a solicitor or an associate of the solicitor received money or property in the course of
the solicitor's practice
• the solicitor has failed to account for the money or property
• the failure to account arises from a dishonest act or omission of the solicitor or the
solicitor's associate.
An associate includes an employee or agent.
A claim must be made on the approved form. To obtain a claim form and information
brochure, please write to the Manager of the Fidelity Fund Department of the Law Society at
170 Phillip Street Sydney 2000. Information is also available on the Law Society's website
www.lawsociety.com.au.
Completed claim forms must be received at the Law Society by 15 January 2010. A claim
cannot be made after 15 January 2010, unless the Law Society Council or the Supreme
Court allows further time.

Is time running out for Marshall Sheehan

Marshall Sheehan's Car Found
Owner makes arrangements
- lively instances follow.

By our Tumbarumba correspondent

The story so far -

Marshall Sheehan a lawyer practicing in NSW and VIC has taken into his procession a Jaguar car (Model XK8 Registration UNA - 921) he leased from a gentlemen in Melbourne at an agreed price, which Borderline believes would have involved monthly repayments of about $1,300 a month based on the cars value and interest rate costs at that particular time two years ago. It is a private arrangement. Mr Sheehan neglects to pay the first instalment and the next instalment. Close to two years pass and Mr Sheehan hasn't made any lease repayments at all. The owner wants the car back but where is Mr Sheehan - his office is closed, the phone doesn't answer and where's the car? Then Borderline acting on certain information finds the car and even where he is residing. A block of serviced apartments in Dean Street. A month or so passes. Will Mr Sheehan move the car to another location? It's only a few blocks from where he is residing, where if anyone was to claim the car is only a few hundred metres away. Was the owner of the carport in cahoots with Mr Sheehan. You couldn't tell. Was any suspicious activity in the lane where the car was kept duly noted and referred to Mr Sheehan for his immediate attention.

Wednesday, January 6

It seems that the proprietor of a NRMA agent had received a call from an interested party in Melbourne. It was Wednesday, January 6 when apparently word had reached the interested part by an anonymous phone call.

'A car answering the description will be outside the Tumbarumba Courthouse tomorrow morning,' said the anonymous source.' The anonymous source was unsure of the approximate time but said to give or take ten or so minutes.

Was it a hoax. There was no time to lose but it was difficult who would take a car even though the documentation would be through within the hour. There could be legal ramifications. And the car had to be dragged onto the tilt truck while Mr Sheehan who was apparently to be in Tumbarumba court the next day representing a client, ironically, on a 'traffic matter'.

Thursday, January 7

The NRMA dealer who would prefer to remain anonymous reconnoitres the scene ouside the Tumbarumba Courthouse - there it is. The green Jaguar (Model XK8 Registration UNA - 921) and there is not a moment to lose as the NRMA agent is not familiar with the ways of the Tumbarumba Courthouse. He quickly backs up his tow truck and methodically goes about his business. Several minutes later the car is being loaded on the truck and taken back to the NRMA depot. The NRMA agent awaits further instructions.

Sometime later Mr Sheehan and his client emerge from court. It is not known if Mr Sheehan was successful in his representations for his client but if he wasn't, then the day was going to get a lot worse for Mr Sheehan.

As soon as he noticed that his car was missing he went to the Tumbarumba Police Station to report a stolen vehicle. Apparently sources have told Borderline the 'interested party' had also faxed the same documentation to the Tumbarumba Police as he had done to the NRMA agent. The police officer on duty apparently said that it was a civil matter and that the documentation faxed to them supported the officer's view that you can't report this car as being stolen because it didn't belong to Mr Sheehan anyhow. It belonged to the person from Melbourne who had faxed the documentation to the Tumbarumba Police.

What happened after that is a bit unclear. It was certain that Mr Sheehan was in an agitated state and it is believed that Mr Sheehan made a number of accusations to the police officer that he 'might have been in on it'. The police officer made it quite clear to Mr Sheehan that he had been in the Tumbarumba Courthouse the same time as Mr Sheehan was when the repossession of the car took place.

It is not known how Mr Sheehan found where his car was but it wasn't hard as Tumbarumba isn't very big. It was then that Mr Sheehan demanded his car back but the NRMA agent refused. Apparently your Borderline correspondent believes Mr Sheehan again became agitated and a number of threats were made but that the NRMA agent resisted Mr Sheehan's demands. When Mr Sheehan 'carried on' the NRMA agent said that he might invite Mr Sheehan to 'step outside' and settle the matter if he insisted on making further threats.

Mr Sheehan then left the premises and returned to Albury after being given a lift by his client. On Saturday the Jaguar was again put on the truck and taken to a Melbourne address which Borderline believes was the owner's of the Jaguar.

Sources have told Borderline that the car was in poor condition with several dents and other damage.

It is not known if the owner is going to claim the damages done to the car and the outstanding lease payments (plus interest) outstanding, as Borderline has at this stage been unable to contact Mr Sheehan as his phone is disconnected.

More as it comes to hand.