The head of the WA Police Gold Stealing Detection Unit has been grilled by defence lawyers over a $90,000 money trail during the District Court trial of five people accused of a million-dollar gold swindle in Western Australia's Goldfields.
Detective Sergeant Chris King, who has been a police officer for 32 years and spent the past six years with the gold squad, returned to the witness stand on day eight of the trial to face cross-examination from five separate defence teams.
The most serious charges are against FMR Investments general manager Patrick Rhyan Keogh, 42, and former Greenfields Mill manager Christopher Robert Burns, 76, who have both pleaded not guilty to stealing as a servant and various other charges.
The charges relate to the alleged theft of 8,465 tonnes of gold-bearing ore from the Greenfields Mill, owned by FMR Investments, between December 2018 and January 2019.
Based on gold prices at the time the gold ore had an estimated value of $1.17 million.
Mr Burns' lawyer Tom Percy KC questioned Detective Sergeant King about whether there was any evidence linking his client to alleged cash payments to a subordinate.
"We believe that $90,000 was delivered," Detective Sergeant King said.
"The text messages from Burns to [Simon] Gash would lead me to believe that money was delivered."
Pressed by Mr Percy, he admitted there was no paper trail besides the SMS messages.
"I didn't find a withdrawal of $90,000," Detective Sergeant King said.
"It didn't have to come out of their account.
"That's possible [a cash repository] … but we didn't find any evidence of that."
Police interviews played to jury
Earlier, the court heard separate interviews that police conducted with Simon Leslie Gash, 57, and his business partner, Russell Wilson Holden, 51, on the day they were arrested on December 16, 2020.
The pair, who are fighting money laundering and fraud charges as part of the trial, were asked similar questions during the interview about their relationship with the former general manager and mill manager at FMR Investments.
"We've been investigating your companies … we've gone back the last couple of years," Detective Sergeant King told Mr Holden during his 17-minute interview that was played in court.
Mr Holden could not say why his company Aqua Alluvial Pty Ltd had made payments to Mr Keogh and Mr Burns.
Detectives showed him a spreadsheet police found during a search of his office, which had the initials PK and CB listed alongside payments allegedly made by Aqua Alluvial Pty Ltd.
"Who is PK?" Detective King asked.
"I don't know," Mr Holden said.
Mr Holden was told by police they knew the initials represented Mr Keogh, and then asked why a payment was made to his bank account.
The court has heard that Aqua Alluvial Pty Ltd paid $590,411 into an account known as Clintsoldmate Pty Ltd, a private company in which Mr Keogh was the sole director.
"Can you explain that?" Detective Sergeant King asked.
"No, I can't," Mr Holden said.
Mr Gash told police during his interview that he had only met Mr Keogh once, and that he thought Mr Keogh was a "consultant" at Greenfields Mill.
"I've only met Patrick Keogh once," Mr Gash said during the 22-minute interview played in court.
"I met him on the ROM [run of mine] pad.
"I had nothing to do with him at all, except when it was time to give him some money."
The court has heard Mr Keogh later transferred the cash from Aqua Alluvial Pty Ltd into a personal bank account he shares with his wife Stacey.
Detectives asked Mr Gash why the transfer was not done directly.
"I don't know … that's the way he [Mr Keogh] wanted it done," Mr Gash said.
'Don't ask questions'
In earlier evidence, the court heard Morgan Whitney Dombroski, 33, was handed an envelope with $90,000 cash inside and told "don't ask questions" by Mr Burns.
Ms Dombroski was processing superintendent at Greenfields Mill after being promoted from mill foreman in November 2020.
The court heard she was arrested at work on January 13, 2021 — the same day she was interviewed by detectives at Kalgoorlie Police Station.
"He handed me over money … I didn't count it," she said during her 40-minute police interview which was played in court.
"He said 'don't ask questions' … I just went along with it."
"He [Mr Burns] hands you a big wad of cash and you don't question it?" Detective Sergeant King asked.
"I just did what I was told, I trusted Chris [Burns]."
Ms Dombroski told the court that she knew that ore from Aqua Alluvial Pty Ltd and FMR Investments was being combined in the milling campaign and that "at the time it seemed legit."
"Whatever Paddy [Mr Keogh] says goes," she said.
"Whatever Paddy [Mr Keogh] and Chris [Burns] told me to do, I did."
She described Mr Burns as a "very good friend" and mentor who "taught me everything I know".
The court heard she spent the bulk of the cash on home improvements, including a new air conditioner, and for day-to-day expenses while she took six months off work with her young son.
Under cross-examination, Detective Sergeant King told the court police did not get receipts from Ms Dombroski to determine what she had spent the money on.
The court heard police found $5,050 in $50 notes in a safe in Ms Dombroski's bedroom when they executed a search warrant on the day she was arrested.
Detectives asked during her interview if she decided not to bank the cash because she was trying to hide it.
"I put it in the safe and that was it … that's [$5,050] all I've got left," she said.
The trial before Judge Christopher Stevenson continues.
