Ex-Gunns boss could land jail time

The man who built Gunns into a controversial timber-selling empire, John Gay, has admitted to insider trading.

John_Gay_130805_AAP_B_2029228294

The face of one-time Tasmanian timber giant Gunns, John Gay, could spend time in jail after admitting to insider trading.

The former chairman dropped a bombshell on the morning his trial was set to begin by changing his plea to an amended charge in the Tasmanian Supreme Court.

Gay, 70, had pleaded not guilty to two counts after selling 3.4 million Gunns shares in December 2009.

He was accused by the Australian Securities and Investment Commission (ASIC) of dumping the shares, worth around $3 million, after information in a company report forecast a profit drop of more than 100 per cent.

The court had been readying for a trial of up to five weeks but on Monday those charges were rolled into one amended indictment, to which Gay unexpectedly pleaded guilty.

His lawyer, Neil Clelland SC, said the plea was made, not on the basis his client knew information he possessed was price sensitive, but on the basis that he ought to have known.

Gay's sentence will reflect the maximum penalty at the time he sold the shares - five years jail and a fine of $220,000.

The penalty for insider trading has since been increased to 10 years and $765,000.

The information Gay used was contained in an October 2009 management report which was not disclosed to the market.

"On December 2 and 4, 2009, while in possession of inside information relating to the financial performance of Gunns, Mr Gay sold more than 3.4 million Gunns shares," an ASIC statement said.

"This trading was prior to the release of Gunns' half year results on 22 February 2010."

Those results showed a 98 per cent deterioration in half yearly earnings and the share price plummeted from 88c to 68.5c.

In preliminary proceedings, witnesses had told the court Gay was selling the shares in order to get his affairs in order after he'd been diagnosed with prostate cancer.

He held onto another eight million shares, the court was told.

The controversial timber company collapsed into administration in September last year owing around $3 billion.

Gay, regarded by some as the simple saw miller made good, is credited with building the Tasmanian company into an empire.

But that was before it struck trouble when woodchip prices collapsed and a partner could not be found to fund its proposed $2.3 billion Tamar Valley pulp mill.

He resigned as chairman in 2010 as the company looked to build a "social license" by getting out of native forest logging.

When charged in November 2011, he was considered the most senior Australian executive to have been accused of insider trading.

Gay left the Launceston court on Monday without comment.

He will reappear for sentencing submissions on August 14.


Share

3 min read

Published

Updated

Source: AAP


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world