Crown director Nigel Morrison said the board not acting on the tax issue in 2012 was evidence of cultural problems.

Crown director Nigel Morrison said the board not acting on the tax issue in 2012 was evidence of cultural problems.Credit:Chris Hopkins

“It tells you that they had an attitude that,if they didn’t think it was overly important and they could get away with it,they did,” said Mr Morrison,who was a senior Crown Melbourne executive from 1993 to 2000.

Mr Morrison and most of his fellow directors first learnt that Crown had avoided paying as much as $272 million through a controversial deduction policy after the information was aired in a royal commission hearing on June 7.

The inquiry into whether Crown should retain its Melbourne casino licence heard last month that Crown classified marketing costs such as free parking as a deduction from its gambling revenue in order to minimise the tax it paid on its poker machines.

“The magnitude was unbelievable,” Mr Morrison said.

Nigel Morrison,pictured outside the royal commission hearing in Melbourne on Tuesday,was a senior Crown Melbourne executive from 1993 to 2000 and joined as a director in March this year.

Nigel Morrison,pictured outside the royal commission hearing in Melbourne on Tuesday,was a senior Crown Melbourne executive from 1993 to 2000 and joined as a director in March this year.Credit:Eamon Gallagher

The amount Crown potentially underpaid to Victoria is up for debate. Mr Morrison said Crown’s chief financial officer Alan McGregor calculated the figure to be $8 million but the inquiry has also heard estimates of $167 million,$200 million and $272 million.

Mr Morrison said Crown executive chairman Helen Coonan did not disclose to the board in June that she had been aware of the problem since February 23. Company executives ordered a probe into the issue within 36 hours of the Victorian government announcing the royal commission in March.

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Mr Morrison revealed he learnt of the issue in mid-March during a short conversation with Crown Melbourne CEO Xavier Walsh,after Mr Walsh found minutes of a board meeting from 2012 at which the gaming tax calculation was discussed.

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Mr Morrison said the 2012 board minute raised concerns in his mind that Crown did not have an “open and honest relationship” with Victoria’s gambling regulator at the time because “they were happy to proceed on this basis without making sure that the[regulator] was content with the calculation”.

Crown sought legal advice about the tax issue in 2018 because the company believed the Victorian casino regulator was “digging around,” the commission heard.

When asked hypothetically if he believed a director should resign for omitting to inform the board of a potential tax underpayment,Mr Morrison agreed that they should and that he would not serve on a board with a director who had acted that way.

Commissioner Ray Finkelstein also gave more details on Tuesday about Crown’s breach of Victorian gaming laws,disclosed earlier in the inquiry,by allowing foreign high-rollers to transfer money through a Hong Kong credit card account to Crown’s Melbourne hotel and then use that money to gamble.

Commissioner Finkelstein said it is believed $160 million was transferred between 2012 and 2016 in what could also be a breach of other legislation and criminal laws. Crown employees will give evidence about the practice in a private hearing on Wednesday before public hearings resume on Thursday.

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