Was there ever any point applying for a suppression order over questions asked and answers provided during a public examination (PE) if you’ve already claimed privilege on the basis of self-incrimination?
After a few hours of deliberation McEvoy Legal senior associate Raphael Grossman decided there wasn’t, advising lawyers for liquidators Peter Krejci and David Cocker in the early hours of Tuesday morning that he would not be filing an application for suppression of the transcript of his examination on Monday.
This meant that the order made on Monday afternoon by Federal Court Registrar Susan O’Connor requiring Grossman to file any application for suppression by 4pm yesterday was vacated in accordance with its terms and iNO can report on Grossman’s evidence regarding the events of February 21, 2025, when independent lawyers appointed in accordance with Anton Pillar orders raided McEvoy Legal’s offices.
Grossman was the most senior lawyer working for McEvoy Legal present when the search orders were executed by Bridges Lawyers partners Dominic Calabria and Ben Dibden on behalf of Krejci and Cocker.
Backed by funding from the ATO, the BRI Ferrier pair have been appointed liquidators or Provisional Liquidators (ProvLiqs) to a raft of companies linked to an alleged tax evasion scheme involving McEvoy Legal and Capital Financial Advisory (formerly Accolade Advisory), an accounting firm run by Sam Peter Cassaniti out of the same premises in the inner city Sydney suburb of Alexandria.
On Monday barrister Michael Rose, who has been conducting the PE for the liquidators, asked Grossman about a conversation he had with Calabria during the raid, in which Grossman allegedly said words to the effect of “We’ll just not produce and be in contempt.”
The question prompted Grossman’s legal representative barrister John Nolan to object, telling the Registrar the questions and their answers, given in open court, could expose his client to disciplinary action.
The subsequent discussion between Nolan, Rose and the Registrar led to her making the temporary non-disclosure order. It followed an application made earlier in the day by Grossman seeking to have his PE conducted in closed court.
The examination also covered Grossman telling Calabria that he asserted privilege on the basis of self-incrimination over all material seized and on behalf of all entities and individuals identified in the search orders.
But when pressed to confirm he meant that his claim for privilege on the basis of self-incrimination extended to his boss Shaun Kerrigan and to Cassaniti, Grossman told the court he didn’t have any person in mind.
Rose’s questioning covered more than the conversation with Calabria.
Grossman for example had difficulty identifying the source of the funds for his salary of $2,700 per week.
He also had difficulty answering when asked if Cassaniti, who refers many of his clients to McEvoy, had access to McEvoy’s LEAP software and said he didn’t know whether or not Cassaniti had access to McEvoy’s trust account.
Cassaniti did have access to McEvoy’s email account but Grossman couldn’t say with certainty whether that meant Cassaniti had access to all McEvoy Legal client emails or just those clients referred to McEvoy by Cassaniti.
Explaining that his primary role at McEvoy was conducting litigation on behalf of Capital Financial Advisory Grossman also revealed that Cassaniti provides “litigation support” to McEvoy clients at $800 per hour plus GST.
In addition to Grossman the liquidators intend to examine Kerrigan, Cassaniti, his wife Thi Linh Trinh, and his sister-in-law Mariolina Cassaniti.
Trinh is scheduled to attend next on Monday, March 24 but Kerrigan could pose a difficulty for the liquidators and their team from ERA Legal with the court hearing he’s been in Dubai since at least January.
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