Court freezes suspended mayor’s assets
A SUSPENDED Logan mayor who has been charged with official corruption has had a Tasmanian property and money in his wife's account frozen by court order.
Luke Smith also has been ordered to provide a sworn statement of all property in excess of $5000 which he owns or has had an interest in within the last six years.
Justice Debra Mullins today granted a restraining order application by the State, on behalf of the Crime and Corruption Commission.
The freezing order, which applies for 28 days, prevents any dealings with an investment property owned by Smith in Adventure Bay, Tasmania.
It also freezes funds in Smith's wife Andrea Milberry-Smith's National Australia Bank account.
Queensland Crime and Corruption Commission officers have charged Smith with official corruption, perjury and failing to correct his register of interests.
Smith has said he will vigorously defend the charges.
He is alleged to have agreed to receive a luxury power boat from a political donor SKL Cables in return for assistance progressing approval of its development project.
Counsel for Smith, Polina Kinchina, did not oppose most of the Supreme Court application under the Criminal Proceeds Confiscation Act.
However, she argued against the order for Smith to provide a sworn statement listing all his current property within 10 days and his dealings with property over six years within 21 days.
Justice Mullins said the State's restraining order application was on the basis that he was suspected by a CCC officer of being engaged in serious crime.
She said Smith had not provided any sworn affidavit explaining why it would be onerous for him to provide a statement listing his property.
"There does not have to be a connection between the property particulars order and the restrained property or property suspected of being associated with alleged criminal activity," Justice Mullins said.
The judge said the State intended to apply for a proceeds assessment order before the expiration of the restraining order.