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Cripps attacks delay in council corruption charges

04 Nov, 2009 11:31 AM
The man who sounded the death knell for Wollongong City Council has criticised the length of time taken to determine whether 11 people named in the corruption hearing will face criminal charges.

During a visit to Kiama yesterday, Independent Commission Against Corruption commissioner Jerrold Cripps, QC, was also keen to ensure the public was clear on his findings against former council general manager Rod Oxley.

Mr Oxley was found by Mr Cripps to have engaged in corrupt conduct but did not have criminal proceedings recommended against him.

Mr Oxley's tell-all book, Named and Shamed, with his account of the ICAC investigation, is due for release on December 1.

"I suppose his book is in large part about how badly he's been treated. I'm sure he's given me a spray," Mr Cripps said.

"What you must remember about Oxley ... there was a finding that his administration was so appalling it allowed corrupt conduct in others to flourish. So, he obviously didn't like that."

In the 12 months since Mr Cripps recommended that 11 people be prosecuted, only three - sacked Labor councillors Kiril Jonovski, Zeki Esen and Frank Gigliotti - have made it to court, and that was only last week.

Mr Cripps said it left the spectre of criminality hanging over the eight remaining individuals: former council employees Beth Morgan and Joe Scimone, former councillor Val Zanotto, developers Frank Vellar, Glen Tabak and Lou Tasich and conmen Ray Younan and Gerald Carroll.

"It's a long time ... it should not take that long," he said.

"It's a matter of fairness under the criminal justice system.

"People should not have to wait years to be prosecuted."

Mr Cripps blamed both ICAC and the Director of Public Prosecutions for the delays.

"In a good system, if ICAC has recommended that criminal proceedings be considered against some people, as it did in that case, that decision ought to be made literally within four or five months of the report coming out, and the prosecution should be launched at that time," he said.

Mr Cripps, who will step down from his position with ICAC next week after a five-year statutory term, visited Kiama with NSW Police Integrity Commissioner John Pritchard and Assistant Ombudsman Greg Andrews to address a community leaders' breakfast.

It formed part of the Illawarra-Southern Highlands Outreach Program, which provides workshops for state and local government agencies on corruption prevention risks and techniques.

Present at the meeting were senior staff and councillors of Kiama Municipal Council, the only remaining Illawarra local government body with a democratically elected council.

Wollongong council was sacked for systemic corruption in March 2008; Shellharbour City Council followed four months later after being deemed dysfunctional.

Mr Cripps said that the Wollongong corruption scandal, alongside the public inquiry into RailCorp in June, was the most sensational case dealt with during his tenure.

"I don't think there's anyone left in South America who hasn't heard of the Wollongong inquiry ... largely due to the sexual aspect of it, I think," he said.

He later told the Mercury the inquiry was also prominent "because so many things unravelled on the way through".

After his departure from ICAC on November 14, Mr Cripps will take up a three-year post as the NSW Sentencing Council's chairman.

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"What you must remember about Oxley ... there was a finding that his administration was so appalling it allowed corrupt conduct in others to flourish. So, he obviously didn't like that." Well now we know! Mr Cripps' concern at the length of time it has taken to bring anyone to court is fair enough - everyone else has been wondering about that as well.
Posted by Fergie, 4/11/2009 8:31:33 AM
We should not be surprised by the lack of action in this matter, firstly, the Labor Party in involved, its incompetence is well known and documented, secondly, the Government does not allocate sufficient resources to the DPP to properly run this very important role in our community. Justice is not being served or done when such lengthy delays occur. I am not judging as to whether the other eight named persons are guilty or innocent but they deserve to be able to have these matters resolved as quickly as possible. Interesting comment by the Commissioner about Oxley though.
Posted by johne, 4/11/2009 12:51:16 PM
Well, makes one wonder what could possibly cause the delay?
Posted by Barry, 5/11/2009 9:40:40 AM
Hear, hear, for Commissioner Cripps QC, for his comments. It certainly doesn't give faith in the system.
Posted by Alan Bond, 6/11/2009 1:09:25 PM

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ICAC commissioner Jerrold Cripps recommended 11 people be prosecuted, but only three cases have made it to court. Picture: GREG TOTMAN
ICAC commissioner Jerrold Cripps recommended 11 people be prosecuted, but only three cases have made it to court. Picture: GREG TOTMAN

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