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Eels open door for disgraced Sharks boss

sportive cupid

Referee
Messages
25,047
"The LD Act prohibited the use of a
listening device to overhear, record, monitor, or listen to any private
conversation by any person who was not a party
to that conversation, except
with the express or implied consent of the parties or where authorised by
warrant. "

Well there is your problem Reefy.She was a party to the conversation.
 
Messages
13,875
is it possiable he was banking these for 30days and then passing them on giving the interest to the club which having money trouble?
 

strider

Post Whore
Messages
78,882
"The LD Act prohibited the use of a
listening device to overhear, record, monitor, or listen to any private
conversation by any person who was not a party
to that conversation, except
with the express or implied consent of the parties or where authorised by
warrant. "

Well there is your problem Reefy.She was a party to the conversation.
does it allow her to then make it public by giving it to channel 7? .... we are all then listening to it without a person involved in it giving consent
 

blacktip-reefy

Immortal
Messages
34,079
"The LD Act prohibited the use of a
listening device to overhear, record, monitor, or listen to any private
conversation by any person who was not a party
to that conversation, except
with the express or implied consent of the parties or where authorised by
warrant. "

Well there is your problem Reefy.She was a party to the conversation.

Is that a joke?
 

Fathead

Bench
Messages
2,777
Ive always been a Zap fan but if Parra offer him the CEO job they are downright crackers !!!
Its definately the best way to lose sponsors !!!
 

El Diablo

Post Whore
Messages
94,107
http://www.news.com.au/heraldsun/sport/nrl/story/0,27074,25638091-14823,00.html

Zappia - I acted appropriately

Exclusive by Josh Massoud | June 15, 2009 01:40pm


DISGRACED Cronulla CEO Tony Zappia has today denied any impropriety in connection with the Beyond Sharks Foundation, whose existence and $30,000 donation was withheld from the club's board.

Forced to resign last Thursday amid allegations of workplace misconduct against former female staffer Jenny Hall, Zappia is now embroiled in a fresh and potentially more sinister controversy involving the mysterious foundation.

The Sharks said today chairman Barry Pierce and representatives of the club's board would meet with Mr Zappia at 4.30pm tomorrow to discuss the matter.

The organization was registered with ASIC last August at the behest of a terminally ill Sharks fan known as Clint, who wished to donate his life insurance payout upon death.

The original figure payout was reported as $1.5 million, but in correspondence with Zappia last year, Clint said he was entitled to $13,800,000 upon his death.

The 27-year-old law student from Goulburn also made Zappia the executor of his will and gave the ex-Cronulla boss express authority to spend the Foundation's funds any way he saw fit to help the Sharks. Elford is dying from Shy Drager syndrome, a neurological disorder.

In February this year, the man sent six cheques four made out to the club and two to Zappia. All were valued at $5,000. Zappia passed on the two made out in his name to Cronullas coaching staff, who spent the $10,000 on a camp in Kiama. Zappia claims to have invoices of the expenses.

The remaining $20,000 is still with the Foundation's accountant, Roy Spangnolo & Associates, which oversees the fund. The companys principal, Roy Spagnolo, is also Parramatta's recently-elected chairman and long-time friend of Zappia.

Three Spagnolo employees Xavier Lo, Michelle Douglas and Belinda Goodwin are the Foundation's sole directors. Spagnolo said he had no connection with the Foundation, apart from the fact he has been Zappias personal accountant for the past 15 years.


The Daily Telegraph has today viewed documents and cheques, showing the $20,000 held by Spagnolo & Associates has not been spent.

Apart from minimal bank fees and charges, $10,000 is being held in an NAB account. The remaining $10,000 is now in an high-interest investment account set-up by Spagnolo & Associates. The Daily Telegraph has sighted up-to-date paperwork from both savings accounts, as well as the Foundations balance sheet, which shows the $20,000 is still untouched.

Concerned about misappropriation, the NRL this morning called upon Cronulla to investigate the Foundation. Zappia has already shown the paperwork to two Sharks directors, but other board members are furious they werent told.

Zappia said the benefactor wanted his contributions to remain private, explaining why the Foundation was set up without the boards knowledge and also why the two $5,000 cheques made out to Zappia were sent to his home address.

"All the money is accounted for, " Zappia said.

"At first, I thought the situation to be a little bizarre but he made a request for confidentiality and I respected that.

"It was one of those things where we didnt know where it would end up. Foremost in my mind was the request for privacy and the fact he wanted to make me executor of his estate.

"I granted his wish and had the Foundation established last August. It wasnt until February cheques were sent. $20,000 is still with the Foundation and the other $10,000 was spent by the coaching staff on our camp in Kiama and other bits and pieces."

Clint, however, said he was disappointed the board was not told. "I expected the board to know about it, and was surprised they weren't told," he said. "But as long as the money is being spent to help the Sharks - that's all I care about."

The Sharks put out a statement today which read:

"In response to enquiries relating to former Sharks CEO Tony Zappia and alleged donations collected on behalf of a reported Beyond Sharks Foundation, it has been arranged for club Chairman Barry Pierce and representatives of the Sharks Board of Directors to meet with Mr Zappia tomorrow afternoon.

"The meeting will be held at approximately 4.30pm, which is prior to a scheduled meeting of the football club board set down for 6.00pm.

Following such meetings the Sharks will fully cooperate with the NRL should they request and/or require any additional information in relation to this matter."
 

spiderdan

Bench
Messages
3,743
jughead's article said:
The original figure payout was reported as $1.5 million, but in correspondence with Zappia last year, Clint said he was entitled to $13,800,000 upon his death.
$13.8mil? surely not a typo in such a quality paper?
 

sportive cupid

Referee
Messages
25,047
does it allow her to then make it public by giving it to channel 7? .... we are all then listening to it without a person involved in it giving consent
I have no idea,since I am not a lawyer,nor do I have any knowledge of this particular act beyond what Reefy has so generously offered us..Question for me is -so what doies that have to do with the damning nature of the content of any such tape? The possibility of something standing up in court is of less concern to me than what it might imply about a person who was a participant in the conversation.If this guy did say what is supposedly recorded in the tape,what does THAT say about him?
 

sportive cupid

Referee
Messages
25,047
I'm with you Maroubra.It seems that Mr Zappia uses the argument that he did not really foresee the consequences of a particular action.He seems to be saying this in both the incident with the employee and this issue.If this is correct then that would have to cast doubt on his ability to act effectively as a CEO of a business such as Parramatta Leagues.Surely the ability to predict possible outcomes for a business would be an essential quality for a CEO?
 

bartman

Immortal
Messages
41,022
His post above has the correct name of the act, and a quick look:



http://www.legislation.nsw.gov.au/s...Surveillance Devices Act 2007 No 64"&nohits=y

So yes, he was correct in referring to the clause about lawful interest - which probably woukdnt be a hard thing to argue so all the chest beating about it being illegal comes to nought.

Yes, what she did is still not illegal.

In regards to lawful interest.


She can argue all she like. But once she used that recording outside of a police station or a court of law, she f**ked herself.

I'm not so sure... from the clause the act that Fish posted,

(b) a principal party to the conversation consents to the listening device being so used and the recording of the conversation:
(i) is reasonably necessary for the protection of the lawful interests of that principal party, or
(ii) is not made for the purpose of communicating or publishing the conversation, or a report of the conversation, to persons who are not parties to the conversation.

The key word there is "or"... she was a principal party who felt recording was necessary for protection of her lawful interests. For your claim that she has acted illegally re the second bit, the word you would need instead of "or" is "and".
 

bartman

Immortal
Messages
41,022
It just seems a bizarre way to manage the donations.

Not saying he missused the money-just that the process seems odd.

Strange he kept it a secret from the board. No wonder they are disappointed. Strange way to operate a business.

Indeed. If there was good honest reason to do it that way, you'd think it would be pointed out quickly, to nip these allegations in the bud.
 
Messages
11,124
Did Josh do what I think he has done.....

The organization was registered with ASIC last August at the behest of a terminally ill Sharks fan known as Clint, who wished to donate his life insurance payout upon death.

The original figure payout was reported as $1.5 million, but in correspondence with Zappia last year, Clint said he was entitled to $13,800,000 upon his death.

The 27-year-old law student from Goulburn also made Zappia the executor of his will and gave the ex-Cronulla boss express authority to spend the Foundation's funds any way he saw fit to help the Sharks. Elford is dying from Shy Drager syndrome, a neurological disorder.
 

SDM

First Grade
Messages
7,600
Anyone who is partial to Spoonerism won't be liking the name of that disease.
 

fish eel

Immortal
Messages
42,876
which is why I always laugh when people post Massoud.

I mean, why bother? It adds nothing to the discussion, rarely does.
 
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