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 Criminal charges over ICAC scandal could be a year off 

Criminal charges over ICAC scandal could be a year off

14 Oct, 2008 03:00 AM
It could be more than 12 months before the 11 individuals facing ICAC-recommended charges in the wake of the Wollongong corruption scandal learn whether they are to face a criminal court.

And even if the Director of Public Prosecutions determines there is sufficient admissible evidence to proceed to a courtroom, it may be years before any cases are finalised.

Last week ICAC made 24 corrupt conduct findings against 10 people, including Wollongong developers, former councillors and public servants, after its investigation into the city council.

It also reported it would ask the DPP to consider prosecuting 11 individuals for 139 criminal offences.

The process of determining who, if anyone, will be prosecuted under criminal law, is complex and will be influenced by the admissibility of evidence given to ICAC by people compelled to give that evidence, in any future criminal proceedings. ICAC is not bound by the rules of evidence and makes its findings based on the "balance of probabilities" civil standard, not "beyond reasonable doubt" as required in a criminal court of law.

In judicial terms there is often a yawning gap between the two.

It can take the DPP a year or more to decide whether or not to adopt ICAC recommendations for criminal charges to be laid.

While no two criminal cases are ever the same, recent ICAC investigations into two Sydney councils and the court processes which have followed, provide an insight into the likely time frame which could be expected if any of the "Wollongong 11" face criminal charges.

The first involved an ICAC investigation into the conduct of Rockdale City Council which led to the jailing of former deputy mayor Adam McCormick for a maximum five years and former Liberal councillor Andrew Smyrnis, who was given three years' periodic detention in 2004 for lying to ICAC.

ICAC launched the investigation in July 2002, but it was not until July and November 2004, that the DPP advised there was sufficient evidence to proceed against McCormick on charges of corruptly receiving payments or conspiracy to bribe and lying to the ICAC.

He planned to receive $70,000 in bribes in return for delivering Labor Party support for a development application. He was sentenced to five years' jail on December 16, 2005, before his appeal was heard on September 15 the following year and dismissed on March 28, 2007.

In June 2005, ICAC recommended charges against six people, including a former mayor and councillor at Strathfield Council, for their alleged involvement in a bribery and blackmail plot.

The DPP advised sufficient admissible evidence was available to proceed against three people in February, August and November 2006.

Anne Bechara, a property developer and Labor Party fund-raiser, was sentenced to four months' home detention on December 19, 2006, for giving false evidence.

It took until November 3 last year for former Strathfield mayor Alfred Tsang to be sentenced to four months' weekend detention for accepting a $2500 bribe.

Another former Strathfield mayor John Abi-Saab is yet to stand trial after a magistrate found on March 14, this year, there was enough evidence to satisfy a jury on guilt or innocence.

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comments


Date: Newest first | Oldest first
At least it will give them something to think about till then.
Posted by Alan Bond, 14/10/2008 5:58:19 AM
With full regard for the workload of the DPP, as Wollongong ratepayers we must urge a quick resolution to these issues; our city cannot move forward until we remove the stains of this episode.
Posted by Obi, 14/10/2008 6:29:10 AM
More black days for our wonderful city. These people should hang their heads in shame. Their's is the legacy which Wollongong has now became well known for....shame and scandal
Posted by Craig, 14/10/2008 6:30:33 AM
The longer the delay the less the outcome. Just watch & see how it will meld with everyday life as does our memory.
Posted by donchewwallymite, 14/10/2008 7:28:23 AM
It is disappointing that the wheels of justice move so slowly that it might be a year or more before any charges are laid.

It is also disappointing that some may not even be prosecuted.

I think it is unsatisfactory and unfair that these people [and their families] have to live with the uncertainty for that length of time.

Posted by Fergie, 14/10/2008 8:53:26 AM
For the corrupt, I think it's more than satisfactory and fair that they have to live with this for the rest of their lives. It, will never, ever be forgotten, thanks to the internet. Since this unprecedented corruption has changed the course of State Government so much, there must be a swift solution on this.
Posted by Alan Bond, 14/10/2008 11:28:58 AM
These charges has best be laid and soon otherwise no one will ever take ICAC seriously
Posted by littlefry, 14/10/2008 11:31:48 AM
Why the delay, after all all the evidence has been made public?
Posted by john, 15/10/2008 10:24:13 AM

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Beth Morgan, one of the 11 people whom ICAC recommended charges be laid against.
Beth Morgan, one of the 11 people whom ICAC recommended charges be laid against.

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