Recommendations for prosecutions and updates

The Commission must seek the advice of the Director of Public Prosecutions (DPP) on whether any prosecution should be commenced. The DPP determines whether any criminal charges can be laid, and conducts all prosecutions. The Commission provides information on this website in relation to the status of prosecution recommendations and outcomes as advised by the DPP. The progress of matters is generally within the hands of the DPP. Accordingly, the Commission does not directly notify persons affected of advice received from the DPP or the progress of their matters generally.

The Commission is of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Mr Sanhueza, Mr Taylor and his wife Annamarie, Mr Guirguis and Ms Xuereb for various criminal offences.

 

Updates

 

Briefs concerning Christian Sanhueza, Clive Taylor, Annamarie Taylor, Rasem Guirguis, and Patricia Xuereb were forwarded to the DPP. 

 

Patricia Xuerub pleaded guilty to: 1 charge of stealing records from NSWFB pursuant to section 138 of the Crimes Act 1900; 3 charges of giving false evidence to the ICAC pursuant to section 87 of the Independent Commission Against Corruption Act 1988; and 2 charges of make false instrument pursuant to section 300(1) of the Crimes Act. Ms Xuerub was sentenced to a total of 12 months imprisonment with a 7.5-month non-parole period. Ms Xuerub's sentence is to be served by home detention commencing on 2 May 2013. She will be eligible for parole on 16 January 2014. 

 

On 13 June 2013, the DPP directed no further proceedings against Mr Guirguis.

 

Christian Sanhueza pleaded guilty to:
• 18 offences of an agent making a false statement with intent to defraud the principal contrary to section 249C of the Crimes Act
• 1 offence of obtain benefit by publishing a false statement contrary to section 178BB of the Crimes Act
• 1 offence of an agent soliciting a bribe contrary to section 249B of the Crimes Act
• 2 offences use carriage service to menace contrary to section 474.17 of the Criminal Code 1995 (Cth)
• 2 offences of lie to the Commission contrary to section 87 of the ICAC Act.


Seventeen offences involving an agent making a false statement with intent to defraud the principal were dealt with by placing them on Form 1 to be taken into account by the court when dealing with the offender for the principal offences.
On 14 October 2013, Mr Sanhueza was sentenced in the District Court. The Court dealt with the NSW offences by way of an aggregate sentence. Mr Sanhueza received three years imprisonment with a non-parole period of two years. For the Criminal Code 1995 offences, he received a fixed term of imprisonment of six months.