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 Robert Di-Bona for six offences of giving false evidence to the Commission, contrary to section 87 of the Independent Commission Against Corruption Act 1988.

On 4 June 2014, the DPP advised the ICAC that there is sufficient evidence to charge Mr Di-Bona with five counts of giving false or misleading evidence at a compulsory examination, contrary to section 87(1) of the ICAC Act. Mr Di-Bona was prosecuted for these five counts. On 23 September 2014, Mr Di-Bona pleaded guilty to all counts. Mr Di-Bona was sentenced on 20 November 2014 to imprisonment for 12 months with a non-parole period of six months in respect of four counts. Those sentences are to be served concurrently, commencing on 20 November 2014. In respect of the fifth count, Mr Di-Bona was sentenced to imprisonment for 12 months with a non-parole period of six months, commencing on 20 April 2015.

Mr Di-Bona lodged an appeal with the District Court against the severity of his sentence and his sentence was stayed pending the outcome of that appeal. On 21 January 2015, the appeal was dismissed and the sentence imposed in the Local Court confirmed.