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Sex and the city

19 Feb, 2008 02:29 PM


Former Wollongong City Council planning officer Beth Morgan corruptly approved building applications after she formed sexual relationships with three developers, an Independent Commission Against Corruption public inquiry heard yesterday.

In a 50-minute opening to the two-week inquiry in Sydney, counsel assisting Noel Hemmings, QC, alleged Ms Morgan was showered with cash and gifts, including a holiday to China, in return for assessment and approval of multi-million-dollar projects that breached the city's building codes and guidelines.

Yesterday Ms Morgan gave evidence that she and developer Frank Vellar had ended a three-year relationship last Thursday.

She told the inquiry of regular cash payments from Mr Vellar of between $1000 and $2000 as well as gifts of holidays, home renovations and a digital camera.

"The gifts that I received from Mr Vellar were given to me not for my position at council but because of the relationship we had at the time," Ms Morgan said.

In a bizarre twist, Mr Hemmings also alleged that six people at the centre of a long-running investigation by the corruption watchdog had paid at least $500,000 to two criminals posing as ICAC officers.

In a multi-layered investigation, ICAC claims the money was handed over to con men Ray Younan and Gerald Carroll in the belief the money would be used to buy off corrupt ICAC officers and get them off the hook with the investigation.

Mr Hemmings named 12 people, whose conduct ICAC claims warrants scrutiny and who are, or may be, "affected" persons under the ICAC Act.

The investigation started after ICAC officers raided the offices of Wollongong City Council in December 2006, and seized computer hard drives and personal organisers.

Earlier this month and again last week, Ms Morgan and three developers - Mr Vellar, Glen Tabak and Michael Kollaras - were named in an ICAC public notice published in the Mercury.

The notice named the start of yesterday's public inquiry in which 20 witnesses are expected to be called, and an investigation into allegations that persons may have engaged in corrupt conduct in connection with applications submitted by the developers and assessed by Ms Morgan.

The notices and the publication of names drew criticism from prominent Wollongong lawyer Mark McDonald, who described the ICAC public inquiry process as "naming and shaming".

Yesterday, Mr Hemmings told the inquiry that Ms Morgan's employment with the council had been terminated in June 2007 because of serious misconduct.

Aside from Ms Morgan, and Messrs Tabak, Vellar and Kollaras, ICAC named as persons whose conduct warranted scrutiny as:

*John Gilbert, the council's manager of development, assessment and compliance from late 2003 until he resigned in late 2007. The commission will examine him in relation to his close relationship with Mr Vellar, his knowledge of Ms Morgan's relationship with Mr Vellar and his overall role in the assessment and approval of development applications involving Mr Vellar, Mr Tabak and Mr Kollaras.

*Rod Oxley, who served as general manager of the council for 19 years, before his resignation in May 2007. The commission will examine his relationship with Mr Vellar, his possible knowledge of Ms Morgan's relationship with Mr Vellar, his supervision of the exercise of delegations by him to Ms Morgan and Mr Gilbert and his alleged failure to enforce and implement council policies and procedures and environmental planning instruments in respect of non-conforming or prohibited development.

*Former council manager of engineering services and group manager sustainability Joe Scimone, who resigned last year in the wake of sexual harassment claims against him. The commission will examine his relationship with developers, particularly Mr Tabak, his awareness of Ms Morgan's relationships and the alleged payment of cash intended to pervert the course of the ICAC investigation.

*Ray Younan and Gerald Carroll, who allegedly took at least $500,000 from six people while posing as corrupt ICAC officers.

*Wollongong City Councillor Frank Gigliotti will be examined by the commission on his alleged dealings with Younan and Carroll in relation to a separate ICAC investigation into an allegation that developer Lou Tasich offered a $30,000 bribe to a council officer and his alleged dealings with Mr Vellar in 2006.

*Lou Tasich, who was found by the commission o have offered a $30,000 bribe to a council officer.

*Val Zanotto, Wollongong City councillor and chairman of the council's governance and audit committee which has oversight for the council's code of conduct. The commission will investigate his relationships with Mr Vellar and his alleged payment of cash intended to pervert the course of the ICAC investigation.

The allegations against Ms Morgan and the three developers centre on four construction projects in or near the city's CBD.

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Date: Newest first | Oldest first
Thanks to ICAC the secret if finally out.

For years Wollongong has blamed the steelworks for the stench that overwhelms the city in a southerly blow.

Perhaps the source has been at the corner of Corrimal and Burelli streets all along. Let us hope all shall be revealed.

Posted by obi, 19/02/2008 4:40:23 PM
The ratepayers of Wollongong have waited a long time for this.

So many planners have come and gone at Wollongong under the former senior management regime. The new senior management is now bringing more confidence to the Council and the Planning Section.

During the previous management regime, a lot of controversial developments, not just large ones but smaller, throughout the Illawarra, have had various amendments to take these developments away from what the supposed friendly developers have told their neighbours, even whole suburbs, that they were going to build.

The allegations coming out even in the first day of the inquiry make me wonder what lawyer Mark McDonald would say now after his previous outburst.

Like the Domino Principle, one falls, they all fall, it is hoped that this inquiry will bring about the unravelling of all the threads that will eventually lead to the principals involved who think they have covered their tracks well with a God given right, but didn’t count on people bought before ICAC being mortal, vulnerable human beings.


Posted by Alan Bond, 19/02/2008 4:41:18 PM
What a disgrace.

When will the people of Wollongong and for that matter Shellharbour get some decent representatives that are in power for the people not themselves?

What a shameful day.


Posted by Jayded, 19/02/2008 5:40:33 PM
Those Publicly elected officials now named by the commission, namely Councillors Zanotto and Gigliotti should immediately stand down from their positions on Council - as is the proper and accepted standard for all State and Federal Politicians around the country!
Posted by Shaun Prince, 19/02/2008 6:53:58 PM
These findings should now open the floodgates to all those residents of Wollongong whose lives have been turned upside down by illegal developments to see compensation.

The potential lawsuits will run into the millions as everyone who has lost privacy, views, security and sanity will at last be able to have their day in court.

Well done Oxley, 17 years and what a legacy.

Posted by Yoris Analopous, 19/02/2008 7:10:00 PM
The culture within senior management at WCC had been pro-developer and anti-community participation in Council decision-making for a long time under the previous GM .

The previous WCC GM/CEO said publicly that Stocklands project at Sandon Point was a 'good development' - despite the widepread local opposition to it as a flawed development.

The anti-community culture within the senior management of WCC the received support when the ALP Councillors, and the Lord Mayor, unilaterally abolished the WCC Neighbourhood Committees for providing critical scrutiny of Council's decisions.

The ICAC investigation provides us with some understanding of what deals were taking place well away from the light of proper civic administration.

To restore community confidence in WCC we need active participation in the processing of development applications by new WCC Precinct Committees.

End the rot at WCC - Bring on the Council elections.


Posted by Coledale ratepayer, 19/02/2008 7:10:13 PM
I see Councillo Zanotto was the Chair of Wollongong Council's Governance and Audit Committee. Is this the same Committee whose recommendation was accepted by Wollonongong Council late last year to:

1. Abolish citizens' right to make anonymous complaints to Council under the Councillor's Conduct Investigation Committees? This has the intention and effect of limiting complaints actioned by Wollongong Council but also has a chilling effect on lodging complaints. We all know once a complainant's identity is revealed in Wollongong, they become persona non grata, they face the prospect of non-cooperation from Council in future if they lodge a DA and there is always the well known tactic of a counter allegation to try and intimidate complainants; and

2. Lowered the threshhold test under which Councillors can apply to be reimbursed for any legal fees incurred defending themselves any allegations made against them under the Council internal investigation process or eg., by ICAC. All that is now required is that the majority of your fellow Councillors approve the payment. There is NO commonsense first step test for being reimbursed legal fees such as you cannot have been found to have breached your Councilors Code of Conduct.

No Councillor should be able under any circumstances to recover their legal fees if they are found to have breached the Code or other public law requirements.

It now emerges Zanotto and Gigliotti must have been aware they were in ICAC's sights and incurring legal fees. So how did they vote on these motions?

Why is it that Councillors have a Code of Conduct they are supposed to abide by, refuse to sign the Code of Conduct, claim they don't understahd it yet are able to manipulate Committees and policies so ably in their favour without ever fessing up how it can benefit them?


Posted by Helene, 19/02/2008 7:24:36 PM
I want to thank ICAC for existing.

There are many, many problems at Wollongong City Council. Just look at the heritage listing mess.

Unlike Alan Bond, I do not think it just relates to the previous city administration.

I want to know the names of the Wollongong City Councillors who have refused to sign the Councillors Code of Conduct.

The Mercury should find out which Councillors and approach each one to ask why not and publish their responses or non-responses.

This is important information as we are in the lead-up to local Council elections in NSW.

Councillors have also claimed they don't understand the Code and/or require more training. Codswallop.

To understand the Code of Conduct all they need to know is not to take money, gifts, sex or other favours from anyone with a matter before or likely to ever come before Council.

Also if they have ever received donations, sex, gifts or any other freebies from any person, company or firm, they disclose this and step aside from voting or even debating anything to do with that person, company, or firm.

It's not rocket science! What's not to understand?


Posted by Fiona, 19/02/2008 7:35:18 PM
I believe in innocent until proved guilty, so I am not assuming anything said thus far is true.

It's just one person's evidence so far. The facts will be ruled on by the ICAC Commissioner and then prosecutorial decisions need to be made and if it proceeds to a trial, for a judge to ultimately decide.

I am just thankful ICAC exist and I would encourage anyone with evidence of wrongdoing at Wollongong City Council to offer it up now.

While Wollongong City Council hastily amended their complaint procedures in late 2007 to stop them investigating anonymous complaints, luckily ICAC and the NSW Ombudsman will still accept anonymous complaints.


Posted by Lets clean up Wollongong Council, 19/02/2008 7:46:48 PM
Wollongong City Council CEO David Farmer issued a press release claiming he wants public confidence in his changes to root out corruption and has implemented Best Practice systems to engender public confidence in his regime.

It might be believable if he has not presided over changes in late 2007 that eliminated ratepayers existing right to lodge anonymous complaints about councillors.

If Mr Farmer was keen on developing public confidence and boosting council accountability, why did he permit his staff to recommend to the council the removal of one of the key mechanisms for achieving it?


Posted by Farmer stopped anonymous complaints mechanism, 19/02/2008 8:15:09 PM

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Counsel assisting the ICAC inquiry, Noel Hemmings, QC, during the opening day of the two-week inquiry investigation into allegations of corrupt conduct. Picture: ANDY ZAKELI
Counsel assisting the ICAC inquiry, Noel Hemmings, QC, during the opening day of the two-week inquiry investigation into allegations of corrupt conduct. Picture: ANDY ZAKELI

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