Recommendations for prosecutions

Due to the large number of offences an aggregate sentence was imposed under section 53A Crimes (Sentencing Procedure) Act 1999 of 4 years imprisonment with a non parole period of 2 years.

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 ICAC is of the opinion that consideration should be given to obtaining the advice of the Director of Public Prosecutions with respect to the prosecution of nine people for various offences, as follows:

Phillip Burnie for the offence of giving false or misleading evidence at a hearing of the Commission under section 87(1) of the Independent Commission Against Corruption Act 1988 ("the ICAC Act")

Mathew Kelly for the offence of making a false statement to an officer of the Commission under section 80(c) of the ICAC Act, and the offence of giving false or misleading evidence at a hearing of the Commission under section 87(1) of the ICAC Act

Glen Lapham for the offence of wilfully obstructing or hindering the Commission's exercise of its functions under section 80(a) of the ICAC Act, the offence of making a false statement to an officer of the Commission under section 80(c) of the ICAC Act, and the offence of giving false or misleading evidence at a hearing of the Commission under section 87(1) of the ICAC Act

John Morgan for the offence of offering a corrupt benefit under section 249B(2) of the Crimes Act 1900 ("the Crimes Act"), and the offence of giving false or misleading evidence at a hearing of the Commission under section 87(1) of the ICAC Act

Richard Pearce for the offence of offering a corrupt benefit under section 249B(2) of the Crimes Act

Kerry Smith for the offence of receiving a corrupt benefit under section 249B(1) of the Crimes Act, the offence of obtaining financial advantage by deception under section 178BA of the Crimes Act, and the offence of obtaining financial advantage by false or misleading statements under section 178BB of the Crimes Act

Michael Stokes for the offence of offering a corrupt benefit under section 249B(2) of the Crimes Act, the offence of obtaining financial advantage by deception under section 178BA of the Crimes Act, and the offence of obtaining financial advantage by false or misleading statements under section 178BB of the Crimes Act

Jacqueline Verdeyen for the offence of giving false or misleading evidence at a hearing of the Commission under section 87(1) of the ICAC Act

Paul Wright for the offence of offering a corrupt benefit under section 249B(2) of the Crimes Act, the offence of obtaining financial advantage by deception under section 178BA of the Crimes Act, the offence of obtaining financial advantage by false or misleading statements under section 178BB of the Crimes Act, the offence of making a false statement to an officer of the Commission under section 80(c) of the ICAC Act, and the offence of giving false or misleading evidence at a hearing of the Commission under section 87(1) of the ICAC Act.   

Updates

On 27 November 2013, Mr Burnie was convicted of one count of knowingly give false or misleading evidence contrary to section 87(1) of the ICAC Act. He was sentenced to 9 months imprisonment suspended pursuant to his entering into a good behaviour bond.

The DPP's advice not to proceed against Matthew Kelly, Richard Pearce or Michael Stokes has been accepted by the ICAC.

On 19 August 2014, Mr Morgan was convicted and sentenced to 9 months imprisonment for two offences of knowingly give false or misleading evidence contrary to section 87(1) of the ICAC Act. Both sentences were suspended under section 12 of the Crimes (Sentencing Procedure) Act 1999 on the condition that Mr Morgan enters into good behaviour bonds for the period. The sentences are to be served concurrently.

On 13 May 2014, Mr Smith pleaded guilty to seven counts of agent corruptly receive benefit pursuant to section 249B(1) of the Crimes Act (five counts of agent corruptly receive benefit less than $2,000, and two counts of agent corruptly receive benefit greater than $2,000 but less than $5,000). On 15 July 2014, Mr Smith was sentenced as follows:

1. Fine $1,000
2. Fine $1,500
3. Fine $1,500
4. 9 months imprisonment with a 6-month non-parole period
5. 9 months imprisonment with a 6-month non-parole period (4 and 5 to be served concurrently)
6. 14 months imprisonment with an 8-month non-parole period
7. 14 months imprisonment with an 8-month non-parole period (6 and 7 to be served concurrently but partially consecutive to 4 and 5).

On 26 August 2014, the court ordered that his sentences be served by way of home detention.

On 5 June 2014, Mr Wright pleaded guilty to: 19 charges of obtaining money by deception contrary to section 178BA of the Crimes Act; 4 charges of make false statement to an ICAC officer contrary to section 80(c) of the ICAC Act; and 5 charges of knowingly give false or misleading evidence contrary to section 87(1) of the ICAC Act. The matters were committed for sentence to the Sydney District Court. Sentence will be imposed on 21 August 2014. On 21 August 2014, Paul Wright was convicted and sentenced as follows:

1. 19 counts of obtain money by deception under section 178BA Crimes Act 1900. Sentenced to 9 months imprisonment on each count
2. 5 counts of knowingly give false or misleading evidence contrary to section 87(1) ICAC Act 1988. Sentenced to 12 months imprisonment and each council, and
3. 4 counts of make false statement to ICAC officer contrary to section 80 (c) of the ICAC Act 1988. No further penalty imposed (section 10A Crimes (Sentencing Procedure) Act 1999).

On 19 June 2014, Ms Verdeyan was convicted and sentenced to 6 months imprisonment, and a further 9 months imprisonment with a non-parole period of 3 months, for offences of give false evidence to the ICAC contrary to section 87 of the ICAC Act. The sentences are to be served consecutively. On 19 August 2014, the magistrate directed that the sentences be served by way of home detention. 

On 19 June 2014, Mr Lapham was convicted and sentenced to a section 9 good behaviour bond of 2 years for an offence of make false statement to a Commission officer under section 80(c) of the ICAC Act. He was also convicted and sentenced to 6 months imprisonment, and 9 months imprisonment with a 3-month non-parole period, for two counts of give false evidence to the Commission under section 87 of the ICAC Act. All sentences are to be served consecutively. An appeal against the latter two sentences was lodged. On 10 July 2014, at the Sydney District Court, the appeal lodged by Mr Lapham was dismissed and the convictions confirmed.