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:

  • Daniel Paul for a criminal offence of corruptly receiving a benefit ($13,000) from Mr Diekman contrary to section 249B(1) of the Crimes Act 1900
  • Peter (Charles) Diekman for: a criminal offence of corruptly giving a benefit to Mr Paul contrary to section 249B(2) of the Crimes Act; criminal offences of corruptly giving rewards to Mr Huskic contrary to section 249B(2) of the Crimes Act, the criminal offence of fraud under section 192E of the Crimes Act or the criminal offence of using a false document under section 254 of the Crimes Act in relation to authorising the preparation and submission of the two dummy quotes
  • Robert Huskic, for a criminal offence of using a false document under section 254 of the Crimes Act in relation to his use of the two dummy quotes.

Briefs of evidence were provided to the DPP.

On 17 April 2015, the DPP advised the Commission that there was sufficient evidence to charge:

  • Peter (Charles) Diekman with five counts of corruptly giving a benefit to Robert Huskic pursuant to section 249B(2) of the Crimes Act
  • Robert Huskic with five counts of corruptly receiving a benefit from Peter Diekman pursuant to section 249B(1) of the Crimes Act and two counts of using a false document pursuant to section 254(b)(iii) of the Crimes Act.

The DPP further advised that there was insufficient evidence to proceed with charges against Daniel Paul.

On 9 December 2016, all charges were dismissed in respect of Mr Diekman and Mr Huskic at the Downing Centre Local Court.