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 was of the opinion that the advice of the DPP should be obtained with respect to the prosecution of Christopher Binos for offences under section 249B(1) of the Crimes Act 1900 of corruptly soliciting or receiving a benefit and to the prosecution of Alexander Daubney, Mark McDonagh, Shane Florio, Peter Friend-Ngui and Jacqueline Riley for offences under section 249B(2) of the Crimes Act of corruptly giving a benefit to Mr Binos.

A brief of evidence was provided to the DPP.

On 13 October 2014, the DPP advised the Commission that there is sufficient evidence to charge Christopher Binos for offences under section 249B(1) of the Crimes Act for corruptly receiving a benefit from Shane Florio, Jacqueline Riley and Mark McDonagh; and for corruptly soliciting a benefit from Simon Hay.

On 19 February 2016, Mr Binos pleaded guilty in the Sydney District Court. He was sentenced to two years imprisonment to be served by way of an intensive correction order.

The DPP further advised that there is insufficient evidence to proceed with charges against Jacqueline Riley, Shane Florio, Mark McDonagh, Peter Friend-Ngui and Alexander Daubney.

The DPP's advice has been accepted by the Commission.