Billionaire Clive Palmer has told a defamation trial that he believed a law passed in Western Australian gave Premier Mark McGowan power to murder him without impunity.
The mining magnate is suing Mr McGowan for defamation, while the Premier is counter-suing Mr Palmer in the Federal Court in Sydney.
On Wednesday, Mr Palmer gave evidence about his legal fight over the WA hard border, his stalled iron ore project, arbitration between the parties and the extraordinary legislation that was passed to block his ability to claim almost $30bn in damages.
Mr Palmer said his understanding of the bill was that it gave Mr McGowan power to kill him without impunity.
“That was my analysis — that the scope was wide open and I acknowledge that murder was an extreme,” he told the court.
Barrister Bret Walker grilled Mr Palmer during cross-examination, suggesting there was nothing in the legislation about authorising murder.
“It was quite a shock when the bill came through and all these things happened, and there was a great level of fear in what might be happening and what might be going on that we don’t know about,” Mr Palmer responded.
“I reached a view that that’s what I thought it enabled them to do if they wanted to at an extreme level … that was a level of concern.”
It was put to Mr Palmer that he was prepared to publicly categorise the bill as authorising murder without being sure that its terms did so.
“I was quite clear in my mind,” Mr Palmer replied, as he quoted back a paragraph.
“To my mind, that meant that they could make offences under the criminal code and not be held liable for them.”
The United Australia Party leader admitted he had no legal training.
Mr Palmer said he had thought mediation over the mining project would lead to a resolution, but instead he felt “stupid” and “helpless” when the so-called Palmer Act was passed.
“I got really mad that they lied to everybody,” he said.
“I then thought it might have been a criminal act they were doing — I remember looking up the WA Criminal Code, looking at fraud.
“He seemed to be proud of the fact he had acted dishonestly, and I couldn’t understand that.”
Mr Palmer said it all became too much for him and he “ended up vomiting”.
He even likened the situation to a James Bond film and Nazi Germany.
“I was a bit frightened what they might to do me, or my family … they could really do anything to me,” he said.
“I then thought about James Bond movies … how would you licence someone to kill? I didn’t know what the limits might be.
“I didn’t expect governments ever to produce legislation like that in Australia, so it really told me that you better take these people serious — they could do anything.
“I did think about … what happened in Nazi Germany and how that legislation was framed … I guess I was racing all over the placexjmtzyw because I didn’t know a rational explanation for this.”
Justice Michael Lee asked whether Mr Palmer “had a genuine fear” for his safety, to which he replied: “Yeah, but not just my safety — the safety of others — my employees in WA, who subsequently were attacked, and for my family.”
Mr Palmer said he thought he was “really stuffed”.
“I couldn’t sleep at night. My wife and children were worried what would come next,” he said.
Mr Palmer said he wondered when he was labelled the “enemy of the state” that it was not just about his hard border challenge, but also over their arbitration dispute.
“They wanted to get me,” he said.
“I just didn’t know what to do. I was just very, very upset.”
Mr Palmer said he did not want to go outside or give media interviews.
“I felt an anger inside. I wanted to retaliate against Mr McGowan,” he said.
“I tried to moderate that and I put out a number of letters in response.
“I thought the only way we can solve this is by reasonable discussion or goodwill. I didn’t want to be critical, I didn’t want to do him any harm.
“Despite my anger, I realised I had a responsibility to my family and the people who work for me.”
Mr Palmer said he had even seen a video from a nightclub of people singing they wanted to kill him.
“I was concerned … it is very hard to stay controlled when there’s been this level of violence against you,” he said.
Asked about comments made by Mr McGowan that WA was at “war” with Mr Palmer, the Queenslander said he did not think the premier could declare war on anyone.
He further added that he had no ill will or malice towards Mr McGowan.
“I had no idea what he might do against me,” he said.
“I had a bit of fear, I guess, and embarrassment.”
During the lengthy cross-examination, Mr Palmer was repeatedly accused of lying.
“That’s just untruthful,” he responded.
Mr McGowan will be required to travel to Sydney to give evidence in-person at a later date.
In his counter-claim, the premier alleges his reputation was damaged when Mr Palmer said he repeatedly lied and abuse the parliamentary system.
The trial continues.
