Criminal cartel charges against the construction union and ACT branch secretary Jason O’Mara have been dropped three years after being laid.
The failed prosecution stemmed from allegations made at the controversial trade union royal commission.
The CFMEU and Mr O’Mara were charged with attempting to induce suppliers of scaffolding services to reach cartel arrangements for services provided to builders in the ACT in 2012 to 2013.
A joint Australian Competition and Consumer Commission-Australian Federal Police investigation led to charges being laid by Commonwealth prosecutors in 2018.
CFMEU national construction secretary Dave Noonan called for ACCC chair Rod Sims to resign over an “abuse of power” and apologise to Mr O’Mara.
“It is another example of the appalling abuse of legal process and failed prosecutions stemming from the discredited Heydon Royal Commission,” Mr Noonan said.
Mr Noonan accused the ACCC of victimising an honest, hardworking trade unionist who endured three years of trial by media and attacks on his character.
“The federal government sank significant funds into this case, continuing its endless war against the rights of working Australians and the trade unions that represent them.”
Mr Sims linked the decision to withdraw to the period of time since the alleged conduct occurred and “the challenges that posed for witnesses’ memories”.
He said the watchdog would continue to refer serious cartel conduct to prosecutors.
“While there can be challenges involved in bringing criminal cartel prosecutions, we will continue to place a high priority on deterring, detecting and dismantling cartels that can harm Australian consumers and businesses,” he said.
Similar charges against Mr O’Mara and the CFMEU relating to alleged cartel conduct for steelfixing services were dropped in February.
AAP
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