By Mark Hawthorne
It was the court case that rocked the art world. Art dealer Peter Gant and art conservator Mohamed Siddique were this week convicted of faking Brett Whiteley paintings in the country's biggest art fraud, and face up to 10 years in jail.
Wendy Whiteley, the artist's widow, had claimed that Sydney Swans chairman Andrew Pridham paid $2.5 million for a fake painting, amid the trial. What is less well known is that the entire case was almost undone by a sports radio show.
Rhys Muldoon (third from left) with (from left) PM Kevin Rudd, Ahmed Fahour and Lachlan Murdoch at the 2020 Summit in Canberra in 2008. Credit: James Brickwood
Trevor Wraight, QC, representing Gant, raised a matter that could have blown the trial.
It was that former Melbourne footballer David Schwarz had mentioned the alleged fraud on live radio. Sadly, he didn't use the word "alleged".
It also appears that Schwarz has some fairly powerful listerners
"There was a radio show on SEN this morning, which I understand is a sports radio show," said Mr Wraight.
"I listen to it most mornings," replied Justice Croucher.
"At about 7.20am, David Schwarz, who was speaking on that program and who is an ex-footballer, was making a joke," said Mr Wraight.
The court heard that Schwarz had joked that Andrew Pridham had bought "a fake Brett Whiteley" painting. "That's the word that they used, and as part of that joke they said that perhaps he should have checked whether Buddy Franklin was a fake when the Sydney Swans took on that particular player," said Mr Wraight.
Which might seem fair enough as a joke, except that the court was mid-trial.
"The work 'fake' was used," said Mr Wraight. "Other than Your Honour, I don't know how many people listen to SEN on a daily basis, but clearly a number do and it's unfortunate that these things occur."
The court heard Tim Watson had made similar remarks on SEN.
"That's makes it more of a concern, not because it's Tim Watson, but because it was made," said Mr Wraight.
"Because you barrack for Essendon?" asked the judge.
"I might," replied Mr Wraight.
Gant and Siddique were found guilty of obtaining financial advantage by deception for selling fake works attributed to Whiteley, who died in 1992.
ANOTHER SLICE OF TROUBLE IN COURT
From the world of our legal fraternity, it wasn't even the best tale to emerge this month.
In the same court - and just before the verdict was to be delivered - the judge asked for "juror 191 to be brought back" into court, to explain why he had briefly absconded from his hotel room.
"It's come to my attention that the night before last you left the accommodation where the jury are staying and went out on your own. Is that true?" asked the judge.
"Yeah," replied juror 191 .
"Why did you do that?"
"Um, I was really hungry late and I went and asked one of the guys inside the hotel, 'Is there anywhere I could get food?' And he said that I would have to go over the road."
The pizza almost jeopardised the case, with the court forced to debate whether or not juror 191 had scuppered any chance of a fair trial.
"Apart from ordering the pizza, did you speak to anybody?" asked the judge.
"No," was the reply.
Juror 191 was reminded that the purpose of keeping the jury together was to "prevent communication with outside people" and sent back to the jury room.
"It seems innocent enough. Stupid, but innocent," the judge said.
THE HECKLER
There was an interesting exchange on Rafael Epstein's Drive program on ABC 774 this week, when comedian turned political activist turned Play School host Rhys Muldoon decided to call in to defend Australia Post, amid a fairly robust onslaught from Raf's listeners.
"I find it a minor miracle that I've never had a problem with it. Australia Post has always been pretty good," said Muldoon, defending Aussie Post and its boss, Ahmed Fahour.
Which, you can tell from the audio, all seemed a little random for Raf. Except maybe it wasn't so random.
Word around town is that Muldoon and Fahour are pretty good mates these days, ever since they met at Kevin Rudd's Australia 2020 Summit in Canberra.
Don't believe us? Well, here's a pic of the pair enjoying a coffee in Canberra with the former PM and Lachlan Murdoch back in 2008.
Just a couple of people with games. And some stories to tell.