“The Herald revealed last year t”hat Justice Robert McDougall had said Mr Borsak, a Shooters and Fishers Party MP, and an associate gave ”knowingly untrue” evidence during hearings to resolve a commercial dispute.
The finding was referred to the Director of Public Prosecutions by a solicitor for Roy Jackson, a former business associate who was being sued by a company controlled by Mr Borsak and a fellow director, David Christie.
It is understood the matter is being examined by detectives attached to The Rocks police, whose responsibilities include the NSW Parliament.
In his judgment Justice McDougall said Mr Borsak and Mr Christie ”swore and maintained in the face of detailed and forceful cross-examination” that they were provided with copies of the financial statements of a sheet metal company, Osborne Metal Industries, they were about to purchase from Mr Jackson for $1.4 million in 2004.
They claimed the financial statements overestimated the company profits.
However, Justice McDougall found the claim could not be correct, as the documents were not created until nine days after Mr Borsak and Mr Christie claimed to have received them.
Mr Jackson has since died of a lung condition while Mr Borsak declined to comment.”