Findings of corrupt conduct

The Commission found that NSW State Emergency Service (SES) Commissioner Murray Kear engaged in corrupt conduct by deliberately failing to properly investigate allegations against SES Deputy Commissioner Steven Pearce in relation to the entry into two contracts, the use of SES funds to purchase roof racks and electric brakes for Mr Pearce's car, the obtaining of an SES-paid vehicle for an SES manager and the potential falsification of diary entries because of his friendship with Mr Pearce.

The ICAC found that Commissioner Kear also engaged in corrupt conduct by dismissing Deputy Commissioner Tara McCarthy from her employment with the SES, substantially in reprisal for her making allegations about the conduct of his friend, Mr Pearce. These included the allegations concerning the circumstances in which the SES had entered into the two contracts, Mr Pearce's misuse of SES funds to purchase roof racks and electric brakes for his car, Mr Pearce's alleged misuse of his SES credit card and the alleged fabrication of diary notes.