A former mining boss will be held responsible for theft at FMR Investments’ Gordon Sirdar Gold Mine and Greenfields Mill, both about 40km northeast of Kalgoorlie-Boulder in Western Australia’s Goldfields-Esperance region.
Western Australian Supreme Court Justice Alain Musikanth found former Operations Chief Patrick Rhyan Keogh guilty of unlawfully taking between 100 and 120 kilograms of gold ore.
Musikanth also discovered that Keogh had improperly charged FMR truck leasing fees at market rates through Pekeri Contracting.
“Mr Keogh had engaged in a conflict of interest, being a breach of his obligations to FMR as an employee; and … Mr Keogh would not answer to the board,” the justice says in his final decision.
“[FMR founding Managing Director Peter] Bartlett not only considered Mr Keogh’s purchase and use of the trucks to be a direct conflict but was also disappointed in and angry with Mr Keogh when he learned of this.”
Musikanth rejected the defence’s claims that Bartlett “gave permission” for Keogh to take home the tailings stockpile’s contents on 8 May 2013 because the conversation was undocumented.
“Whilst driving past the administration building… [Keogh] verbally requested if he could have the [stockpile], given everything he had recently done for Bartlett at his request and for the benefit of [FMR],” the final judgement says.
“[Mr Bartlett] responded verbally that [Mr Keogh] was being a bit cheeky, but that yes, he consented to the request… I find that the stockpile authorisation was never given, and that no conversation took place between Mr Keogh and Mr Bartlett.”
Keogh’s 11-year tenure ended on 25 March 2020 after disclosing the truck leasing arrangement to the board of directors.
“In my assessment, Mr Keogh was an unreliable and most unsatisfactory witness,” the justice says in the final judgement.
“His evidence was internally contradictory, inconsistent with objective evidence, and inherently implausible. Moreover, he appeared prone to speculation and often volunteered lengthy explanations that were non-responsive to clear questions put to him.”
Keogh was ordered to compensate FMR with $878,511.
FMR Investments is an investment company with interests in the mining and mining-related industries across Australia.
Write to Richard Szabo at Mining.com.au
Images: FMR Investments
