Pete, any movement in shareholdings is reportable to the ASX when you are a public officer. Shorting through a Cayman shell without a)declaring an interest in that shell, or b)not declaring a movement albeit small in your shareholding as a director, is punishable by ASIC with up to 10 years in jail, and/or $10 mill fine.
I think we can safely assume that JP has not even considered those options.
In reality, he would have spoken to UBS about buying 3% and asked them to come back with a firm offer. They would have approached instos, who would have said $12 is the price. Had he rejected, the market would have known he was a buyer and it would have moved above $12 pretty quickly in the knowledge that he would have had to find 22 mill shares on market. Thats too messy. He's much better paying the instos a premium getting set, and he knows what he's up for. Incidently, the head of Perpetual, who sold him 10 mill of those shares is a fellow by the name of Paul Skamvougeras. He used to work for Ellerston Capital, one of JP's stable investment companies, not so long ago...