ICAC aftermath: still no decision on charges

By Laurel-Lee Roderick
Updated November 6 2012 - 12:51am, first published September 15 2010 - 10:53am
Jerrold Cripps listens to evidence in 2008.
Jerrold Cripps listens to evidence in 2008.

The NSW Opposition has criticised the delay in deciding whether to prosecute six individuals embroiled in the Wollongong City Council corruption scandal, almost two years after the state's corruption watchdog recommended they should face criminal charges.On October 8, 2008, Independent Commission Against Corruption commissioner Jerrold Cripps flagged a potential 139 criminal charges against 11 individuals in his final report on corruption within the council.But in the subsequent 23 months, just five individuals have been brought before the court on charges related to the ICAC hearings.Two of those - former councillors Kiril Jonovski and Zeki Esen - have been found not guilty on all charges.Developer Glen Tabak has pleaded guilty to one charge and been sentenced. Former councillor Frank Gigliotti has been found guilty of two charges and not guilty on another. He and developer Lou Tasich still have matters before Downing Centre Local Court.The DPP is considering briefs of evidence on the six other individuals recommended by Mr Cripps for prosecution - developer Frank Vellar, ex-council staff Beth Morgan and Joe Scimone, former councillor Val Zanotto, and conmen Gerald Carroll and Ray Younan.An ICAC spokeswoman confirmed they were awaiting advice from the DPP on those six people and Mr Tasich.The DPP is unable to comment on the cases and has previously referred to a fact sheet which indicates "the advising process may take some time". The final decision is made by the director, before advice is sent back to ICAC.When Mr Cripps, who is no longer with ICAC, was in Wollongong last month, he agreed the process was taking too long. "It should have been well and truly over by now," Mr Cripps said.Shadow attorney-general Greg Smith called for Premier Kristina Keneally's government to explain why after nearly two years, the matters were not finalised."I share the frustration of Wollongong residents at the lack of progress in dealing with those individuals who ICAC found could have a case to answer," Mr Smith said. "The community deserves to know whether these people will be prosecuted or not."Mr Smith said if the DPP did not have adequate resources to progress the cases, the Keneally government had a case to answer.A spokeswoman for NSW Attorney-General John Hatzistergos said: "I am advised that there is complex and significant material in relation to this matter which the Office of the Director of Public Prosecutions is currently in the process of considering."Mr Smith said the public needed to have confidence in the justice system but delays undermined this. "If the evidence is sufficient, the people of Wollongong need prosecutions to be launched and to run their course, in order to rebuild their community."The six individuals yet to face charges either declined to comment or could not be contacted.The court actions:

  • Kiril Jonovski (former councillor)NOT GUILTY – providing false or misleading evidence to an ICAC inquiry; providing false or misleading information to ICAC.Case finalised: July 1, 2010
  • Zeki Esen (former councillor)NOT GUILTY – providing false or misleading evidence to an ICAC inquiry (two counts); providing false or misleading information to ICAC.Case finalised: July 2, 2010
  • Frank Gigliotti (former councillor)1) GUILTY - intentionally giving misleading evidence to an ICAC inquiry (two counts).Sentence: Adjourned to November 20102) NOT GUILTY - giving misleading evidence to an ICAC inquiry;Case finalised: July 2, 20103) AWAITING HEARING: Charge of providing a false or misleading statement to an ICAC officer about a developer’s claims that a council employee had solicited a bribe.Adjourned: November 2010
  • Lou Tasich (developer) 1) AWAITING HEARING: Facing a charge that he corruptly offered a benefit to the council’s property manager Peter Coyte and three counts of giving false or misleading evidence to an earlier ICAC inquiry, Operation Berna, in September 2007;Adjourned: October 20102) FURTHER CHARGES: DPP considering whether to pursue criminal charges over the ICAC inquiry in February 2008;
  • Glen Tabak (developer)GUILTY - wilfully making a false statement to an ICAC investigator about his relationship with former council planner Beth Morgan. Penalty: $2500 fine and two-year good behaviour bond. Case finalised: Sentenced in July 2010, appeal dismissed September 13, 2010
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