The First Shot at Phyro

The first few questions of the interview, led by Detective-sergeant Mick Howe, implied that Phyro Holdings¹ was acting fraudulently, secretly, and without the knowledge of the Board. This complaint seemed of great interest to the fraud squad officer.

Cowan explained that Phyro was his family company, and it had a contract to provide certain services to the club. He reached into his desk drawer and handed over a contract. Some minutes passed as they went through the document. The fraud squad detective paused and drew Howe’s attention to one specific part on the last page of the contract. They both seemed surprised, and a quick look passed between them.

The fraud squad officer asked Cowan a few more questions, then made to leave. He said to Cowan,

I’ve heard enough. Mick might want to ask a few questions about some other matters, but I don’t need to be involved any further.

And he left the office.

Cowan says it took him a while to catch on to what had happened to cause the quick exit by the fraud squad officer.

That night I was lying in bed still trying to figure it out. What was in the contract that was such a surprise? They had not reacted until they reached the end of it. What was on the last page? Suddenly it hit me. The only thing on that page was the signatures of the parties to the agreement! Why would those signatures surprise them? Certainly, there was no surprise in mine being there, so it must have been one of the others.

It could only mean that the person who signed the letter of complaint to the Assistant Commissioner must have been the same person who had signed the Phyro contract. The person who wrote that the Board knew nothing of Phyro had actually signed the Phyro contract. No wonder the fraud squad detective signed himself off the case so quickly.²

The detectives had also told him that the informant was someone who was seen by the police as highly credible. A director who was a long-standing ex-chairman would certainly fill that description.

The letter of complaint has never been seen by any officer of the club, so its contents — and its signatory — can only be assumed. Whatever was in it, however, had brought large numbers of police and government officers on the Club. To prompt such strong action, the allegations must have led them to suspect dishonesty and breaches of the Registered Clubs Act.

What really bothers me about this affair is that the first part of the complaint had been discredited in the first half hour of the interview. The fraud squad officer acted accordingly. He was not wasting any more time once he saw that the complaint was flawed. 

But Mick Howe was not so easily satisfied.

Current group chairman Barry Walsh³ was a director in 1985. He says it was the big topic of conversation around Penrith that the detective was after Cowan, and he was a very determined man.

‘But Phyro was no secret anyway’, says Walsh. It just wasn’t a big deal for anybody.’

Phil Bennett agrees with Barry Walsh that Phyro’s role and ownership were no secret. He says the investigative accountants went through everything at the time of the investigations.

I think one of them stayed on after the rest of us left. At that time Phyro Holdings was common knowledge. You would always read in the annual report, stuff about Phyro owning certain property.

Bennett points out that the name is “obviously compounded from Phyllis and Roger”.

Cowan remembers the several months of continuous inquiry as one of the most stressful periods he has ever experienced. The investigation itself was not a problem, he says, it was the rumours of Howe’s determination to ‘get him’.

The rumours were strong that Mick Howe had stated that he did not like Panthers, did not like me, and was confident he would find incriminating evidence. At that stage we were already a big organisation, with 850 employees.  It is easy to make mistakes running a business that size. We had good systems in place, but there was always the fear that there might be something wrong that I knew nothing about, and it would be used against me.

I had that constant feeling of being in deadly competition with a well-armed predator and I was the defenceless prey. The hunter had all the time and resources he wanted, and he could attack from any angle. I had two choices, stand out in the open and let him see every side of the target, or go into defence mode by employing a good legal advisor.

I had chosen to stand out in the open. With the benefit of hindsight, it was a dumb move on my part.⁴

Barry Hubbard was also a director at the time of the police raid. He says everybody was feeling the pressures of Howe’s campaign.

Roger wondered if someone in the club was ‘talking’ to the police and giving them information. He went to each of the directors and asked us.

‘I told him “no”’, says Hubbard. But he was upset by the question.

I said, “Roger, if I knew of anything illegal that was going on in this club, I would first take it to the Board, and if nothing was done, only then would I go to the police”.

Hubbard says that around the time of the licensing raid, he was also questioned by a Penrith detective about a house he had bought from the club. The detective suggested that he had bought the house for nothing, or at a token fee. It was a ridiculous claim, says Hubbard, and he was easily able to prove that he’d paid the right amount for the house.

The same policeman later got in touch with him, asking did he know of anything dishonest that was going on in the club, and suggesting that he keep his eyes open. Hubbard assured him there was nothing, but the calls continued over the next couple of months, asking the same questions.

I wrote to the detective, telling him what I had told Roger. If I knew of anything untoward in the club, it would go straight to the board. If they did nothing, I would take it to the police. I also asked him to stop calling me.

For directors such as Hubbard, the repeated approaches from Howe and his colleagues reinforced the impression that the investigation was not winding down, despite the failure of the original allegations.

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1. Phyro Holdings Pty Ltd is the family company of Roger & Phyllis Cowan contracted to Penrith Rugby League Club Ltd to supply various services including the publications of The Panthers Magazine.
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2. Some 20 years later this scenario was replicated. Directors or former directors publicly asserting they had no knowledge of Phyro Holdings and the slipping on their story, showing they must have had knowledge. The final “slip-up” was during the Temby Inquiry when testimony by a former director in one session was recanted the next morning for fear of being in contempt.
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3. Barry Walsh was appointed Chairman when Leo Armstrong retired, and he held that position until 2009 when Don Feltis took the Chair.
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4. This approach was not unusual for Cowan, his belief that it was besst to be very open with investigators was considered naive by many colleagues and supporters of Cowan’s. Many saw it as a weakness that made him vulnerable to being ambushed. ↩︎

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