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QUEENSLAND POLICE SERVICE
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STATEMENT OF WITNESS
QPOI25
OIIUI>
3 15
lll015..U
Occurrence # : QP1500941985
Statement no.:
Statement of
Name of witness:
Date:
15/07/2015
HEARN, GARY NEIL
Date of birth: -
Age: _5=-4.:..___ _0ccupation:
Police office•· tal<ing statement
Name of police officer:
PRICE, DUNCAN JAMES
Rank:
Detective Senior Constable
Reg. no.: - - - - Station: TRADE
UNION
ROYAL
COMMISSION
Region/Command/Division:
Statement:
Gary Neil HEARN states:
1. I am a manied male that resides at an address that is known to Police.
2. I know David HANNA through my work as a Pool Builder. I am aware that he is in a
position of authority within the Construction, Forestry, Mining and Energy Union
(CFMEU).
3. I own and operate a pool building company known as Mountain View Holdings PTY
LTD trading as Mountain View Pools & Spas. The company is a registered company
with ABN: 92682888491 .
4. I am a licensed contractor with the Queensland Bui lding and Construction Commission
(QBCC). My licence number is -
.
5. I run the company out of my home address, which is known to Police.
6. I have owned Mountain View Pools & Spas since 1990. I have been in the pool
build ing industry for approximately thirty eight (38) years.
7. Mountain View Pools & Spas is a domestic pool building company, we build concrete
JM-- -
pools and spas for residential customers tll!oughout QueenslanJ~
(Justice of the Peace (Qual.)/
Commissioner for Declarations's signature)
QP 0125 Statement of Witness
(Signature of police officer preparing
statement)
Page I of8
CONTINUED STATEMENT OF: HEARN, GARY NEIL
8. I don't not advertise on any web sites or yellow pages, the majority of my work comes
from word of mouth.
9. When a customer calls I will attend the site and conduct an inspection. I take up with
the owner and explain the process and obtain their requirements for a new pool.
10. From this site inspection I will complete an official quote which fully outlines all the
costings to do with the pool. The quote itemises all the components which will be used
including filters and pumps with any variations that the customer may request like
extra lights or spa fittings.
11. Once the quote is accepted I complete a QBCC construction contract. This contract
outlines a brief description of the works to be completed, a breakdown of the payment
schedule and a list of any variations to be completed. This contract is signed by myself
and the customer prior to any work commencing.
12. Prior to work commencing a deposit is paid by the customer. This deposit is normally
five (5) percent of the total build cost.
13. Once I have received the deposit I anange for the pool plans to be drawn and submitted
to council for approval. Once I receive council building approval I commence the
constmction of the pool.
14. The first step in the constmction is to mark out the excavation site and begin the dig. I
subcontract out this process to a separate company. I am always present for this process
to ensure that it is done cmTectly.
15. The second step in the process is to box up the pool. This is when steel and timbers are
installed to the shape that is required. I do this process myself with my workers.
16. The third step in the process is the actual concrete pour itself. I subcontract out this
process to a concrete company. They pump the concrete into the boxing and actual
constmct the shell for the pool.
17. Once the pour has been constmcted and the pool shell has been made I invoice the
customer for a progress payment. This payment is normally fifty five (55) percent of
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the pool cost. The work does not progress until this payment has been received.
,.;;.,,ture)
QP 0125 Statement of Witness
(Ju,;ce of the Peooe (Quo!.)/
Commissioner for Declarations's signature)
(Signotu~e
officec p<ep.,ing
statement)
Page 2 of8
CONTINUED STATEMENT OF: HEARN, GARY NEIL
18. The pool shell is left to cure for twenty one (21) to twenty eight (28) days. During this
period the fourth step in the progress, the tiling is completed. This is where a coping
tile is installed on the top edge and any decorative tiles are installed upon the walls and
steps within the pool.
19. Once the tiling is completed I invoice the customer for a progress payment. This
payment is normally fifteen (15) percent of the pool cost. The work does not progress
until this payment has been received.
20. The sixth step in the progress is the installation of the filtration and pumping systems.
I install the filtration system and connect it to the pipes that mn into the pool. I do not
normally connect the fi lter to the power grid and the owners arranges that process
themselves with an electrician.
2 1. Once the filtration system is installed I invoice the customer for a progress payment.
This payment is nonnally fifteen ( 15) percent of the pool cost. The work does not
progress until this payment has been received.
22. The seventh step in the progress is the completion of the pool. I subcontract a company
to line the pool shell with pebbles that the customer has requested. Once this pebble
coating goes on the final fit out is completed. Pool lights and skimmer box lids are
installed and the pool is filled with water.
23. I conduct a handover with the customer and explain how everything works, show them
how to test the water, clean the pool and filter.
24. Once the handover is complete the constmction is completed and I invoice the
customer for the final progress payment. This payment is normally ten (l 0) percent of
the pool cost. This is the final payment.
25.ln early August 2014 I received a phone call from David HANNA in relation to
conducting a quote for a concrete pool at
I believe that
David obtained my phone number through one of his friends who l had built a pool
for.
(Justice of the Peace (Qual.)/
Conunissioner for Declarations's signature)
QP 0 125 Statement of Witness
(Signature of police officer preparing
statement)
Page 3 of8
CONTINUED STATEMENT OF: HEARN, GARY NEIL
26. I believe that I went to David's place at
sometime
around the 2"d August 2014 to conduct a site inspection and quote. I noticed that the
house was big and appeared to be fairly new. It was situated upon a fa irly large semirural block.
27. I conducted an inspection and spoke with David and hi s wife Jenny HANNA about the
construction of a pool in their rear yard . The pool was to be built towards the right of
the dwelling approximately ten (10) meters of the rear of the house.
28. I quoted up a twelve (12) meter by five (5) meter rectangle shaped pool with a kids
wading area of two point eight (2.8) by two point eight (2.8) meters within the main
pool area.
29. I took all my required measurements and information that I need from the customer
and completed an official quote. The quote outline the pool size and construction
requirements with all the parts and labour that I would supply.
30. On or about the 4th August 2014 I emailed my quote to
The quote came to $40 843.00 for a twelve (12) meter by five (5) meter pool and a
second quote of$34 194.00 for a ten (10) meter by four point fi ve (4.5) meter pool.
31. Sometime after the 4th August 20 14 I attended
held
a discussion with David about the construction ofhis pool and the cost. I don't recall
the conversation but I agreed to construct him a twelve (1 2) meter by five (5) meter
concrete pool for $30 000.00 in cash.
32. I came to this price after I held a conversation with David where he stated that he would
arrange for his own excavation to be completed. I had made allowances in relation to
the excavation in my original quote. I had planned upon paying $1290.00 for a 13
Tonne Machine, $770.00 for a Tipper Truck and $600.00 for gravel.
33. I removed these cost from my quote and gave David a discount of $8 183.00 for cash
payment.
~s
signatu<e)
QP 0125 Statement of Witness
(Justice of the Peace (Qual.)/
Conm1issioner for Declarations's signature)
(Signature of police officer preparing
statement)
Page 4 of&
CONTINUED STATEMENT OF: HEARN, GARY NEIL
34. I did not do up a new quote or variation list for David, it was a hand shake deal and we
agreed to the price. I did not complete a QBCC contract as I normally would, I j ust
took David on his word.
35. I did not take any deposit at this time and sent the plans away to the ce11ifier. On 2 pt
August 2014 I obtained Logan City Council Construction Approval from TJB Building
Certifiers. The certification process with plans drawn and council permits costs
approximately $1240.00. I do not have an invoice for this cost but I paid it at a later
date. Once I had obtained council approval I made plans to commence construction.
36. On 25 1h August 2015 I ordered and collected the pool fi ltration system and p ipe work
from Intemational Pool Products. I utilised piping throughout the different stages of
construction. I later received an invoice (Number: 88222) from International Pool
Products for $3104.15 which I later paid.
37. On 26th August 2014 I arnnged for steel from Citi-Steel Pty Ltd to be delivered to. .
I attended upon this day and marked out the pool upon the ground.
David had aiTanged for an excavator to be onsite and we began the dig out. I do not
recall who the operator was and I don't recall any signage upon the machine.
38. As the pool was dug out my workers and I began to install the steel and timber boxing.
I later received an invoice (Number: 2148 18) from Citi-Steel P ty Ltd for a total of
$2208.7 1, which I have since paid.
39. On 28th August 2014 I arranged for Hy-Tee Industries (Queensland) Pty Ltd to attend
and conduct the concrete pour for the pool. I do not recall who
they received the concrete from. I later received an invoice (Number: 91 069017) from
Hy-Tee Industries (Queensland) Pty Ltd for a total of $4682.70, which I have since
paid.
40. I don't recall the actual date or day but sometime after the concrete pour I attended .
and spoke with David. D uring this conversation I received $20 000.00
in cash from David as part payment for the pool construction. I did not issue David an
invoice or receipt for this payment. I recall that David wrote a handwritten receipt
(Justice of the Peace (Qual.)/
Commissioner for Declarations's signature)
QP 0125 Statement of Witness
(Signature of police officer preparing
statement)
Page 5 of8
CONTINUED STATEMENT OF: HEARN, GARY NEIL
which both David and I signed to state that a payment of $20 000.00 had been made. I
did not receive a copy of that hand written receipt.
41 . I took this $20 000.00 cash home and kept it in a hidden in a cupboard in my main
bedroom. I did not bank this money into any bank account.
42. On 29 August 2014, I arranged for Granite Tiles to be delivered by Slate & Stone
Products Pty Ltd
This order included $1525.86 for coping tiles
which I required for the pool construction and an extra order of $4855. 50 for tiles to
be used by David to be laid upon a concrete slab at a later date. I later received an
invoice (Number: 00136044) from Slate & Stone Products Pty Ltd for $6579.36 which
I paid at a later date.
43. On 11 September 2014, I used $16 000.00 of the $20 000.00 cash that I had received
from David to purchase a Toyota Hilux with Queensland Registration 11 5TRU from a
Chris TAYLOR. I received a receipt (Number: 39) from Chris for the amount of
$16000.00. I also received the necessary Queensland Safety Certificate and
Queensland Registration Cettificate. I have since transferTed this vehicle's registration
to Mountain View Holdings Pty Ltd. I retained the remaining $4000.00 in cash and
spent it upon other items or bills which I can't recall.
44. On 17 September 2014, I arranged for the coping tiles and some decorative tiles upon
the pool stairs to be laid by Nmth End Tiling Pty Ltd. I later received an invoice
(Number: 670) from North End Tiling Pty Ltd for $2640.00 which I later paid.
45. On 19 September 2014, I ananged for Superior Swimming Pools to coat the concrete
with white pebbles with black chips. I later received an invoice (Number: 1725) from
Superior Swimming Pools for $4752.00 which I paid at a later date.
46. Once the concrete is coated with pebbles I filled the pool with water and conducted
handover with David. I believe that is was around this time that I received a further
$16000.00 in cash from David as final payment. I did not issue David an invoice or
receipt for this payment. I recall that David wrote a handwritten receipt which both
C&~ ~
~ess's s1gnaturc)
QP 0125 Statement of Witness
(Justice of the Peace (Qual.)/
Commissioner for Declarations's signature)
(Signature of police officer preparing
statement)
Page 6 of8
CONTINUED STATEMENT OF: HEARN, GARY NEIL
David and I signed to state that a payment of $16 000.00 had been made. I did not
receive a copy of that hand written receipt.
47. The final amount of$16 000.00 in cash was to cover the outstanding pool construction
costs and to pay for the extra $4855.50 of tiles from Slate & Stone Products Pty Ltd
which I had ordered for David.
48. I took the $16 000.00 in cash home where I later banked $13 000.00 of it into my
company Bank of Queensland account (Account Number: 20625578 - Account Name:
Mountain View Pools). This deposit in recorded in my Bank of Queensland Deposit
Book with a transaction receipt fi·om Barile of Queensland Burleigh Heads dated, 24
September at 11 :54am.
49. I retained the remaining $3000.00 in cash and spent it upon other items or bills which
I can't recall.
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50. In relation to the pool construction for David HANNA at
can offer no reason why I did not complete this construction following my
normal processes in relation to completing quotes, contracts, invoicing and receipting
payments from the customer. I completed the job upon a handshake with the belief that
I would be paid for the construction, which I was. I do not normally do cash oruy jobs
but when I do I follow my n01mal invoicing and receipting processes. I did not demand
or receive and special treatment or favours from David HANNA. I am a small family
owned pool construction company and only do domestic construction.
51. On 14 July 2015 Australian Federal Police and Queensland Police from the Trade
Union Royal Commission executed a search warrant at my home address. During this
time they seized all my records and documents in relation to the pool construction for
David HANNA at
I was issued a receipt of all the
documents that the Police seized.
at
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(~ss's signature)
QP 0125 Statement of Witness
(Justice of the Peace (Qual.)/
Commissioner for Declarations's signature)
(Signature of police officer preparing
statement)
Page 7 of8
CONTINUED STATEMENT OF: HEARN, GARY NEIL
52. On 15 July 2015 I attended the Burleigh Heads Police Station where I provided this
statement of my own free will to Detective Duncan PRICE from the Trade Union
Royal Commission.
Gary Neil HEARN
Justices Act 1886
I acknowledge by virtue of section 11 OA( 6C)( c) of the Justices Act 1886 that:
(1)
This written statement by me dated 15/07/2015and contained in the pages numbered 1 to 8 is
true to the best of my knowledge and belief; and
(2)
I make this statement knowing that, if it were admitted as evidence, I may be liable to
prosecution for stating in it anything that I know is false .
.. . . ...... .S"&'~- . . ... . .... . . . .... . . . . . . . . . . . . . .
Signature
Signed at Burleigh Heads this 15th day of July 2015
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'ignotuco)
QP 0125 Statement of Witness
(Justice of the Peace (Qual.)/
Commissioner for Declarations's signature)
(SignatuMoe offioO< pcepacing
statement)
Page 8 of8