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In September
1998, Gatto, then 42, publicly denied murdering leading underworld figure, Giuseppe
''Joe
Arena'', ten years before.
Gatto
said he was shocked at a news report he claims pointed the finger at him over
the 1988 slaying of Arena.
Mr
Arena,
known to some as "the friendly godfather", was shot dead in the
driveway of his Bayswater home in an apparent gangland execution.
Gatto said he
contacted the
Arena family after a newspaper report indicated he was prime suspect in the 1988
killing.
He said his father
was a good friend of Mr
Arena's
and he had also been an acquaintance of the dead man.
"I passed on my
respects (to the
Arena's)
and told them I knew nothing about it," he said. "They were quite
shocked to hear that my name had been mentioned."
He denied allegations he was a standover man who had been responsible for a
series of violent attacks in the past decade.
Mr Gatto's
lawyer, George
Defteros, said he had sought advice from a Queen's Counsel on finding out
the source of the murder allegations.
He said the
accusation of involvement in the
Arena murder had clearly been designed to cause his client mischief.
Claims he had an
"inappropriate relationship" with controversial bail justice Rowena
Allsop were dismissed by Gatto.
Ms Allsop was the
subject of a 1996 investigation by the Attorney-General into her friendship with
Alphonse
Gangitano.
"She (Ms Allsop)
is a good woman," Mr Gatto said.
"I'm sure that
the people who are raising their eyebrows are jealous they can't talk to people
on different levels."
The pair were
photographed at a Melbourne kick-boxing tournament.
Ms Allsop says she is a keen
kick-boxing fan.
She denied having
socialised with Mr Gatto, although said she had met him at
least twice since
Gangitano's
death.
On May 6, 2000, a
court heard a punting frenzy lost a gambler more than $300,000 in a day after he
placed nearly half a million dollars in bets using a false name.
Dominic
"Mick" Gatto, then 44 and of East Doncaster, faced
deception charges after allegedly placing 39 telephone bets with bookmaker
Rodney Cleary on June 12, 1999.
Mr Cleary told
Melbourne Magistrates' Court a long-standing and trusted client recommended Mr Gatto,
but said he was introduced as Mick Delgado.
Mr Cleary said he
became concerned when a cheque for $79,000 to partially cover Mr Gatto's
losses was stopped.
Soon after the
betting spree, a racecourse detective warned Mr Cleary to be careful of Mr Gatto.
But Mr Cleary told
the court he was unaware of Mr Gatto's identity.
When asked by
defence counsel Robert Richter, QC, his reaction after discovering Mr Gatto's
true identity, Mr Cleary said he was shocked.
Mr Cleary said he
expected to receive about 10 to 20 per cent of the money owed.
Mr Gatto
pleaded not guilty to 40 charges of obtaining financial advantage by deception.
Gatto was later
fined $10,000
Shortly later he was
charged and acquitted over allegedly driving a car into a man.
Since 2001, Gatto has drawn the attention of at
least four police investigations into his alleged illegal activities.
None has been able to sustain a conviction against
him.
Victoria Police's Operation Clarendon ranks as perhaps the least
impressive of the past inquiries into Gatto.
It was set up in 2002 by Chief Commissioner Christine Nixon to gain
intelligence on suspected ethnic-based crime groups in Melbourne, and Gatto was
among the figures targeted.
One of Clarendon's key investigators was now disgraced senior detective Wayne
Strawhorn. Providing informal advice was former barrister Kerry
Milte, who had previously represented several crime figures with Italian
heritage, including Gatto.
Milte was vouched for by a retired NSW police
officer, who apparently failed to relay doubts about Milte held by some in law
enforcement surrounding his reliability and fondness for a glass of wine.
Milte's method of gathering information included contacting police he was
friendly with and, sometimes under the guise of giving advice, figures in the
Italian community.
But his networking soon backfired.
Milte and several police
officers, including Steve Johnson and Norman Dunn, were later charged over
accessing sensitive police data without approval.
Strawhorn was suspended and charged over corruption in the former drug squad.
In the wash-up, a city lawyer whom Milte had approached via an intermediary was
lured to a restaurant and is believed to have been assaulted by figures close to
Gatto.
The reason for the assault remains unclear and the lawyer has never
complained to police. Sources say Clarendon suffered from poor management and
personnel selection, a finding likely to be reflected in a still-unreleased
report by the state's police watchdog, the Office of Police Integrity.
Operation Clarendon imploded.
On February 21,
2002, Gatto was subpoenaed to appear before the royal commission into the
building industry, over his role as a special "industrial relations"
consultant on Melbourne building sites.
Industry sources
said Mr Gatto was hired by a consultant to act as a mediator over the
development of a variety of industrial agreements at the National Gallery of
Victoria building site.
Mr Gatto's
solicitor, George Defteros, told The Age that his client would appear and
had "participated in the past in some negotiations and arbitrations in the
industry" but was unaware of the detail.
Australian Workers
Union national secretary Bill Shorten agreed that he had occasionally used
consultants but denied knowing Mr Gatto.
On February 25,
2002, The Age reported that the royal commission was investigating events
surrounding the payment of about $250,000 by a big contractor to a company that
solved awkward industrial relations problems.
The fee was
allegedly paid by construction giant Baulderstone Hornibrook to a subcontractor
working at the company's National Gallery of Victoria re-development site in
2000.
The subcontractor,
known as P.W and E.J Contracting Pty Ltd, subsequently enlisted the services
of Domenic "Mick" Gatto and David "the Rock" Hedgcock as so-
called "industrial trouble-shooters".
The stocky and unofficial king of
Melbourne's nightclub bouncers, Mr
Hedgcock, is a director of a company called Pro-Tect Securities, which
provides guards and crowd controllers to Melbourne's nightclub industry.
The former boxer has firearms,
theft and assault convictions.
He ran a gymnasium in the
city and went on to train awesome Melbourne boxer, Sammy Solimon.
Hedgcock was
known as a man to be reckoned with in Melbourne's rugged business underbelly.
He
received $189,750 in 2001 for helping to ensure industrial peace on a major city
project.
Building giant
Baulderstone Hornibrook was so worried about a potential industrial dispute at
its $95 million refurbishment of the National Gallery it was prepared to pay
$100,000 for peace.
But a company
executive lost his job when he made an unauthorised payment of almost three
times that sum to a small sub-contractor, P.W and E.J Contracting Pty Ltd, in
January 2001.
Commissioner Terence
Cole, QC, was told Mr Hedgcock and Mr Gatto operated in tandem solving
industrial relations problems in the industry.
In December 2000,
P.W and E.J Contracting's owner, Peter Barker, a convicted armed robber and,
like Gatto and Hedgecock, a former boxer, had approached them about problems at the
gallery site.
Mr Barker had been
authorised by Baulderstone to negotiate a site agreement with the Electrical
Trades Union.
The commission was
told the ETU's insistence that its preferred shop steward work on the site
threatened to scupper a crucial site agreement.
Baulderstone was
adamant the shop steward would not work on the site, blaming him for disruption
during construction of Colonial Stadium.
Mr Barker approached
Mr Hedgcock, whom he had known for 30 years, and Mr Gatto, who had done
industrial relations consulting for him.
The ETU signed the
site agreement after meetings between Mr Barker, Mr Gatto and ETU state
secretary Dean Mighell.
Mr Barker invoiced
Baulderstone for $250,000 plus GST -- more than twice what Baulderstone
executive Graham Milford-Cottam had been authorised to pay.
Baulderstone's
southern region director, Hedley Davis, told Mr Cottam he could not make the
payment.
"His response
was that we should pay it and . . . he expressed some concerns about his safety,
that people associated with this deal were the sorts of people that break
legs, were his words," Mr Davis said.
Mr Cottam was
dismissed after he made the payment anyway.
Counsel assisting
the royal commission, Dr James Renwick, said Mr Barker spent $79,500 on his home
loan and a new car for his son, while $189,750 was paid to a company controlled
by Mr Hedgcock.
Mr Hedgcock cashed a
cheque for $150,000 in $100 bills, which the commission's investigators have
been unable to trace.
Baulderstone may
have spent its $275,000 in vain.
By the middle of
2001, the oral agreement with the ETU had unravelled as the union
intensified industrial action to have another shop steward employed on the site.
That industrial
action only stopped after the steward began work.
Outside the
commission, Mr Gatto's and Mr Hedgcock's solicitor, George Defteros, said they
rejected any implication they had used threats or intimidation within the
industry.
He said his clients
would co-operate fully.
"They have
absolutely nothing to hide," Mr Defteros said.
Mr Mighell said he
hoped that the $250,000 payment by Baulderstone would be fully investigated.
On Wednesday
February 28, 2002, Mick Gatto, in an emotional outburst, claimed he was being
made a scapegoat by the inquiry and strenuously denied he was a standover man.
He said the
commission had damaged his reputation and caused his family enormous stress,
vowing to commissioner Terence Cole QC, "I will fight you all the
way, tooth and nail".
Mr Cole suggested Mr
Gatto "keep calm", and said that anyone who disrupted the commission
faced heavy fines and jail for up to three months.
After being asked
about money paid to his children Mr Gatto became agitated saying he had been
"branded" for a week.
"My mother is
hysterical, my children, their girlfriends and partners want to leave them. I
hope one day you're in this position....I'm not a standover man. I'm not a man
off ill repute. Fair enough I've got a chequered past....bit I paid
for...whatever I have done wrong.
"I don't
appreciate this nonsense that you are looking for someone to blame to justify
your existence here today., to justify 300 investigators and teams of lawyers.
You won't be justifying your existence with me. I promise you. I will fight you
all the way, tooth and nail.
In an interview
published in the Melbourne Age on March 2, 2002, Gatto furiously denied being a
standover man or "king of the underworld".
He said that he put
the accusations down to jealousy because he "dresses well" and
"drives a nice car", and he notes that he "mixes well" with
people throughout Australia.
Melbourne's Lord
Mayor, John So sent him a Christmas card last year for instance. "It's not
right that they seem to think I'm king of the underworld......all this nonsense
is not right for my family or my children", Mr Gatto said.
Gatto admitted to
being involved in controversy in the past but said that the publicity he was now
receiving was of a far greater magnitude," he said of accusations bought
against him the previous week.
"I shy away
from the spotlight and don't like to be in the public arena."
"Unfortunately
this time they (his accusers) have roped me into something they thought was a
bonanza. They were looking for a scapegoat, a guinea-pig, and they thought it
was going to be me and the union.
"Mate, I'll
join arm in arm with the union and fight them all the way. The people of the
union are beautiful people.
On October 23, 2002, colourful detective Dave
Waters was called before a
royal commission investigating police corruption in Western Australia to reveal
his association with some of the nation's most controversial figures.
They included Mick Gatto, alleged WA crime boss
John Kizon and notorious former NSW detective Roger
Rogerson.
Waters was asked
to explain to the royal commission on police corruption about his wide group of
friends.
At no stage did the commission suggest or allege
he had broken the law, but they were intrigued by his colourful associates.
In Perth, he was quizzed about a meeting he had
with the alleged crime boss and WA identity John Kizon
in a Perth hotel back in September 2001.
He responded that he went to Perth for the
funeral of CIB chief Don Hancock, who was killed in a car bombing, and was asked
to contact Kizon by Mick Gatto.
Among Kizon's claims
to fame is being one of the last people to speak to alleged Melbourne crime boss
Alphonse Gangitano on the phone before Gangitano
was murdered in his Templestowe home in January 1998.
Kizon was observed
by surveillance officers in the company of two West Coast Eagles players in
Melbourne during the 2001 grand final week.
Waters would later
chat on the phone with an AFL source about the players and allegations of drug
use.
Waters said Gatto told him as he left for the
Hancock funeral: "If you're over there, a bloke will take you out and buy
you a drink." The man was Kizon.
What Waters didn't
know was the WA commission had a secret camera in the Perth hotel where the two
men met.
While admitting he knew Gatto,
Waters told the WA commission they were neither
friends nor business associates.
Another investigation looking at Gatto was
under way in early 2003.
Operation Barrator was led by the nation's most powerful crime-fighting body,
the Australian Crime Commission.
According to the commission's 2003 annual report, Barrator targeted a network
operating "against a criminal backdrop of pervasiveness, resilience,
entrepreneurialism and corruption — all features which make it difficult for
law enforcement to effectively disrupt organised criminal activities".
This network allegedly included former NSW detective Roger
Rogerson, infamous Sydney identity Tom Domican (who had previously beaten
several murder charges), and alleged Perth crime boss John
Kizon.
Gatto, along with several of his close associates, allegedly made up the
Melbourne arm.
Former law enforcement figures say Barrator built an impressive intelligence
bank, some of which has dripped out in open court hearings.
An associate of Gatto's was observed making regular visits to restaurants in
Lygon Street, Carlton. It was suspected that he was picking up "protection
money" although, when asked by investigators, restaurant owners refused to
provide details. Debt collection and money lending at high interest rates also
proved profitable for Gatto and his associates — dubbed the "Carlton
Crew".
Operation Barrator charged Kizon with insider trading and an associate of
Gatto, Angelo Mario Venditti, with fraud. But
Gatto was never charged and Barrator gained no evidence to implicate him in one
of the operation's primary concerns, drug importation.
As Barrator wound down, Gatto emerged unscathed, except for the $300,000 tax
bill he faced after an assessment of his spending patterns put his undeclared
earnings at more than $2 million over three years. Despite the heat, business
was booming.
For several months in mid to late 2003, Gatto
and suspected hitman Andrew "Benji"
Veniamin were "buddy" and "mate" and "champ"
to each other, speaking on average every four or five days.
DECEMBER 12, 2003:
Gatto How are you, mate? . . . What’s going on, mate?
Veniamin. . . Just
ringing in to say hello, see how you’re doing . .
But the late-night
shooting of Gatto's close friend, Graham
Kinniburgh outside his Kew home on December 13, 2003, drove the wedge of
suspicion between them. Police said
that a tracking device showed that Veniamin
was not responsible for
Kinniburgh's murder but Gatto had come to blame Veniamin. Gatto
was also warned by police that his own life was in danger.
Veniamin knew
he was under police surveillance and referred to it many times in his telephone
calls.
At one point he had said he might as well give
the police a CD of his conversations. He had been searched a number of times by
police.
The talk between the two was overheard through
police listening devices, which detected Veniamin's
mobile phone conversations.
The conversations showed the change in their
relationship, from one of friendship to one where Gatto was wary of Veniamin.
Several days after
Kinniburgh's murder, Gatto spoke to Veniamin
about arranging a meeting "to clear the air a bit". "Bring that
mate with you," he said.
On December 22, 2003, nine days after
Kinniburgh was killed, Gatto, accompanied by five others including Faruk
"Frank" Orman (an associate of Gatto and long-time friend of Veniamin),
met Veniamin and underworld companion Carl
Williams at Crown Casino.
Gatto's lawyer Robert Richter, QC would later say
that at the casino meeting, the message to Veniamin and
Carl Williams was that the underworld shootings were not Gatto's war.
The meeting lasted more than two hours. and was video-taped by the Casino's
security.
A court was later told that a lip-reader was able
to discern some of Gatto's statements, which included him telling Veniamin
and
Williams that they were "giving me
shit".
Detective Senior Constable Nigel L'Estrange, of
the Purana Taskforce, agreed that Gatto was observed to tell
Williams: "Anything with you, that's your problem. But if anything
comes my way then I'll send somebody to you... I'll be careful with you, be
careful with me. I believe you, you believe me, now we're even. That's a
warning."
Another one of Gatto's associates who appeared at
various times on the videotape was Steve Kaya.
Orman and
Kaya would both give evidence at Gatto's murder trial.
For perhaps the first
time Carl Williams wavered.
He went to see his
trusted and closest associate, known as the 'Lieutenant' for
a second opinion. Should he trust Mick and declare a
truce?
The Lieutenant said:
"Ask Benji. He knows him (Gatto) better than
me."
Williams already had and Veniamin
had no
doubts.
"Kill him," was his answer.
Veniamin
effectively passed his own death sentence.
FEBRUARY 1, 2004: Gatto
What’s going on, stranger? . . . have not heard of you. Veniamin
Been going out with my mate . . .
Gatto . . . Everything going all right?
MARCH 19, 2004: Gatto You
givin’ me the arse? I have not heard from you for a month. Veniamin
I swear to you, mate, everybody I have rung on this phone has been raided. Gatto
I am not worried about being raided. I have got nothing to hide.
During the morning of March
23, 2004, Veniamin and Carl
Williams were sitting in the public gallery of the Melbourne Magistrates
Court.
They watched as a magistrate refused a police request for a DNA sample from
friend, Victor
"The Marathon Man" Brincat, over the murders of Jason
Moran and Pasquale Barbaro, shot dead outside a junior football clinic in
Essendon North on June 21, 2003.
With one exception, the same group of men who
had accompanied him to his Crown Casino meeting with Andrew Veniamin the
previous December was sitting with Gatto in La Porcella - which he effectively
used as his office - later that afternoon.
Gatto sipped coffee
with developers and businessmen, before shifting tables to sit with a convicted
drug trafficker, Geoffrey Graham Reading.
Also at the table were retired SP bookmaker Ron Bongetti, Hampton businessman
Steve Kaya, and Kaya's constant companion, Faruk Orman and, according to evidence tendered in
court, Brian Finn.
Orman would later
attend Veniamin's
funeral.
He later said he had retreated from his
friendship in the last 18 months of Veniamin's
life: "Like, he was always unpredictable, you know, but he just got a lot
worse".
Gatto had rung Veniamin, asking him to the
restaurant.
Veniamin left for the meeting, telling a
friend he was off to see "the big bloke".
Veniamin appeared at La Porcella
wearing white thongs, elastic-waisted three-quarter pants, a light T-shirt
and boxer shorts.
The restaurant was almost deserted, apart
from Gatto and his friends.
There was one customer drinking coffee at
an outdoor table.
After half an hour, Gatto led Veniamin
to a narrow passageway that ran off a storeroom from the restaurant's
kitchen.
About a metre wide, the passage's effective
width was only 66 centimetres since it was packed to head height on one
side with boxes.
Gatto shot Veniamin
twice to the neck and once
to the head.
He shot at him a fourth time as the
deceased lay dying on the floor of the passageway . . . but he missed.
In all, five shots were fired.
It was not clear in what order the shots
were fired, but two were necessarily fatal.
One passed through Veniamin's spinal column
and another went through his neck's carotid artery.
A third bullet entered his head and would
have rendered the deceased man incapable of purposeful action almost
immediately.
The shots, from a .38 calibre revolver,
were fired from close range and left powder burns on Veniamin's neck.
Despite the gunfire, no one went to see how
Veniamin was.
Gatto remained remarkably calm after the
shooting.
Emerging from the rear of the restaurant, Gatto
told proprietor Michael Choucair: "He tried to kill me. He said he wants to
kill me like he did to Graham."
He waited at the scene for police to arrive and
told them it was a clear
case of self-defence after Veniamin pulled out
a .38 and threatened to kill him.
Carl Williams
appeared at the scene some time after his friend had died.
Reporters attempted to question Williams
who ran off and locked himself in a toilet at a nearby service station before
being whisked away by a friend who arrived in a car.
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