Recommendations for prosecutions

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 the advice of the DPP should be obtained with respect to the prosecution of Nabil Faysal for offences of soliciting and receiving corrupt benefits pursuant to section 249B of the Crimes Act 1900.

On 24 September 2014, the DPP advised that there was sufficient evidence to charge Mr Faysal with 9 counts of agent corruptly receiving benefit under section 249(1)(a) of the Crimes Act and 11 counts of make false statement to obtain money under section 178BB of the Crimes Act.

On 10 December 2014, upon his return to Australia from Qatar, Mr Faysal was charged with 9 counts of agent corruptly receiving benefit under section 249(1)(a) of the Crimes Act and 10 counts of make false statement to obtain money under section 178BB of the Crimes Act. On 24 March 2015, Mr Faysal's case was mentioned before the Downing Centre Local Court. No pleas were entered. The case was adjourned until 12 May 2015 in order for Mr Faysal to seek further legal advice.

On 12 May 2015, Mr Faysal's case was mentioned before the Downing Centre Local Court. The case was adjourned until 9 June 2015 in order to allow Mr Faysal's legal representative further time to prepare. On 9 June 2015, Mr Faysal's trial was set down to commence in the Downing Centre Local Court on 16 November 2015. On that date, the trial was adjourned until 14 March 2016, for the conclusion of the defence case. On 15 March 2016, the hearing was further adjourned to 12 and 13 May 2016 for completion of re-examination and submissions.

On 12 May 2016, all evidence and submissions were concluded.

On 16 June 2016, Mr Faysal was found guilty of all charges. On 14 September 2016, Mr Faysal was sentenced to 12 months imprisonment with a non-parole period of 6 months. He was also ordered to pay a pecuniary penalty to the state of NSW. He immediately lodged an appeal and bail was granted. The matter was listed for an all grounds appeal in the Sydney District Court for three days from 31 July 2017 to 2 August 2017.

On 31 July 2017, Mr Faysal decided to withdraw his conviction appeal and pursue only his severity appeal, for which he requested a pre-sentence report. The matter was listed for severity appeal in the Sydney District Court on 31 October 2017. The severity appeal was dismissed, and Mr Faysal was taken into custody to commence serving his 6 month non-parole period.