Capilano Honey and their CEO Ben McKee have been caught out trying to silence whistleblower Simon Mulvany and at the same time trying to destroy a recording which is evidence for another court case. Capilano Honey and Mr McKee attempted this by trying to pressure Simon Mulvany into signing a dodgy Deed of Release which is below.
This led to Mr Mulvany sacking his barrister and representing himself in court.
Capilano Honey is 20% owned by Kerry Stokes who seems to control the company even with such a small shareholding. Mr Stokes has a habit of employing CEO’s who get caught in sex scandals and who also like to destroy evidence. In the current sex scandal involving Seven CEO Tim Worner and former employee Amber Harrison Seven demanded Amber Harrison destroy a mobile phone and delete data from a laptop.
Capilano Honey and their CEO Ben McKee started suing Simon Mulvany in February 2016 because Mr Mulvany wrote a number of posts on his Save the Bees Facebook page about Capilano selling poison honey etc. The legal team used to sue Simon Mulvany are Addison Lawyers who are Kerry Stokes and Channel Sevens own lawyers.
In September 2016, Shane Dowling who publishes the website “Kangaroo Court of Australia” wrote an article about the Capilano Honey / Simon Mulvany court case titled: “Australia’s Capilano Honey admit selling toxic and poisonous honey to consumers“.
Then in October 2016 an article was published on the Kangaroo Court of Australia website titled “Sex tape featuring Capilano Honey CEO Ben McKee covered up by Directors“.
Capilano Honey and CEO Ben McKee then started legal proceedings against Shane Dowling as well. They took out suppression orders at secret hearings and have dragged their feet since which is standard tactics by Kerry Stokes and his lawyers.
Then in the last week or so Capilano Honey, Ben McKee and Simon Mulvany met in Sydney to try and resolve the matter and failing that to have a court hearing.
Below is the Deed of Release that Capilano Honey and Ben McKee tried to pressure Mr Mulvany into signing. Mr Mulvany’s own barrister Kieran Smark, who is also regularly on Stokes’ and Seven’s payroll, also tried to pressure Mr Mulvany into signing the Deed of Release. This is a major reason why Simon Mulvany sacked his barrister Mr Smark.
The biggest issue with the Deed of Release is section 6 where they wanted Simon Mulvany to destroy the Ben McKee sex tape which Shane Dowling wrote about in October 2016. Ther tape would be key evidence in the defamation case Capilano Honey and Ben McKee has instituted against Shane Dowling.
So the bottom line is Capilano Honey, Ben McKee and the lawyers were trying to bully Sîmon Mulvany into PERVERTING the course of justice by destroying evidence.
The most important sections are 6.3 and 6.4 which are below and then the full Deed of Release is below that. They even call section 6 “Dowling material and destruction of recording” which makes it very obvious they wanted the recording destroyed to help their chances on winning in the Shane Dowling defamation case.
6.3 Mulvany will destroy the recording made on or about 26 May 2016 of any conversation between him and Ben McKee (Recording) and any copy of the Recording in his possession.
6.4 Further, Mulvany undertakes that should it:
(a) come to his attention; or
(b) be brought to his attention by Capilano,
that a third party has a copy of the Recording, he will use all reasonable endeavours to cause such recording to be destroyed forthwith, to the extent it is within his power to do so.