A prominent lawyer has unleashed a scathing attack on the Independent Commission Against Corruption on the eve of a public inquiry into allegations involving Wollongong City Council.
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Mark McDonald said a public notice placed in the Mercury on February 6 and again this week by the public sector watchdog should alarm all those who believed in a fair justice system in our community.
The notice announced the public inquiry would begin in Sydney on Monday.
It stunningly named former council officer Beth Morgan and three well-known Wollongong businessmen - Michael Kollaras, Glen Tabak and Frank Vellar - who the commission stated may have engaged in corrupt conduct in relation to development applications.
Two others, Ray Younan and Gerald Carroll, were named in relation to allegations of impersonating ICAC officers.
Mr Vellar is an Illawarra property developer whose company Pavilion Enterprises has proposed redeveloping the North Beach Bathers Pavilion.
He also has been behind other major commercial and residential projects.
Mr Tabak is director of Perform Developments which developed Victoria Square towers in the Wollongong CBD.
Mr Kollaras is director of the Kollaras Group which built the City Beach Surf Club complex and is a significant food and beverage trader. Mr Kollaras is also heavily involved in community and charity work.
Mr McDonald described the notice as a legal form of "naming and shaming".
He said his growing concern over the manner in which ICAC conducted public inquiries led to his decision to write to the Mercury.
"Quite frankly, the process used by ICAC really gets up my nose and from my point of view is entirely unfair to the people who have been publicly named in such a manner," Mr McDonald said.
"As I said in my letter, I wholeheartedly support corruption being exposed, but ICAC's action in trawling the public for information a week before the hearing smacks of some devious purpose.
"The publication of a public notice at this late stage implies an ad-hoc process," he said.
Mr McDonald said people had a right to be presumed innocent unless and until proven guilty.
The public hearing before Commissioner Jerrold Cripps, QC, is expected to last two weeks.
It is the culmination of a raid in December 2006 by ICAC investigators on the council's offices when computer hard drives and personal organisers were seized.
During the raid, the council's development assessment and compliance department was closed for hours.
The Mercury yesterday sought comment from those named in the public notice.
Malcolm Heard, who will represent Mr Kollaras at the public inquiry, said his client was unable to respond because of the legal restrictions placed on him by ICAC legislation.
Mr Tabak cited similar reasons.
Efforts to contact Ms Morgan and Mr Vellar were unsuccessful.
