The first criminal prosecutions stemming from corruption findings at Wollongong City Council began in a Sydney court yesterday.
Sacked Wollongong councillors Frank Gigliotti, Kiril Jonovski and Zeki Esen are the first to be charged after an Independent Commission Against Corruption inquiry found there had been systemic corruption in the council involving 13 people.
Some of the evidence heard during the ICAC inquiry last year is expected to be re-aired in the criminal cases against the former councillors.
ICAC is waiting for advice from the Department of Public Prosecutions before it makes a decision whether to prosecute eight others who Commissioner Jerrold Cripps recommended be considered for criminal charges.
Details of the cases against the former councillors were revealed in documents tendered to Sydney Downing Centre Local Court yesterday.
Gigliotti, Jonovski and Esen each face up to five years in jail or fines of up to $22,000 if convicted.
The men were not in court yesterday, sending their lawyers to represent them.
Gigliotti, of Eliza Court, Horsley, was the only defendant to enter a plea yesterday.
His not guilty plea was entered by solicitor Vincent Russoniello.
Jonovski's solicitor Olga Nikolovska said her client would not enter a plea until he had seen all of the evidence.
"I have no instructions to enter a plea. My client, Your Honour, needs to make an informed decision so I ask for a brief (of evidence) to be served," Ms Nikolovska said.
All three are being prosecuted under the ICAC Act for intentionally lying at the inquiry, and failing to mention a meeting with developer Frank Vellar at Wollongong's Flame Tree Cafe on October 18, 2006, which came under ICAC scrutiny.
Esen, 44, of Sperry St, Wollongong, and Jonovski, 66, of Gwynneville, face charges of giving false or misleading evidence at a public inquiry over the Flame Tree meeting.
Gigliotti faces an additional four charges, including two in relation to comments he made to ICAC concerning Wollongong MP Noreen Hay.
ICAC claims Gigliotti intentionally lied when he wrote in a statutory declaration to the commission that Ms Hay had asked him to lodge a rescission motion to overturn the council's rejection of Mr Vellar's proposed redevelopment of the North Beach Bathers' Pavilion, during a meeting he said she organised between the trio in July 2007. Gigliotti had also written that he told ICAC about the meeting after investigator David Lusty asked him to "come clean on Noreen Hay".
ICAC later dismissed Gigliotti's claims against Ms Hay.
The 50-year-old also allegedly claimed former Wollongong City Council commercial projects and property manager Peter Coyte had attempted to incite a bribe from developer Lou Tasich, an allegation dismissed by the commission.
Gigliotti and Esen also will be prosecuted over evidence at the inquiry as to why they had not declared their roles in Quattro Employment Services as a pecuniary interest.
ICAC told the court further charges could be laid.
Deputy Chief Magistrate Jane Mottley ordered briefs of evidence to be served on defendants by December 8.
Ms Mottley excused Gigliotti, Esen and Jonovski from attending on their next court date, December 22, if legally represented.
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