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 Commission is of the opinion that the advice of the Director of Public Prosecutions should be obtained with respect to the prosecution of:

Joseph Camilleri for offences of corruptly soliciting or receiving a benefit contrary to section 249B(1) of the Crimes Act 1900

Kevin McCarthy for offences of corruptly giving a benefit contrary to section 249B(2) of the Crimes Act

Sam Cassar for offences of corruptly giving a benefit contrary to s 249B(2) of the Crimes Act

Carmen Attard for offences of corruptly soliciting or receiving a benefit contrary to section 249B(1) of the Crimes Act

Jessica Camilleri for an offence under section 351A of the Crimes Act of recruiting Mr Camilleri to carry out a criminal activity, being the destruction of documents or other things relating to the subject matter of the Commission's investigation contrary to section 88(2)(a) of the Independent Commission Against Corruption Act 1988.

Updates

On 16 December 2014, the Commission sent a brief of evidence to the DPP.

On 2 February 2016, the DPP advised the Commission that there is sufficient evidence to charge Joseph Camilleri with one count of misconduct in public office, and Jessica Camilleri with three counts of using a false document contrary to section 254 (b) (ii) of the Crimes Act and one count of the common law offence of inciting a crime by inciting Joseph Camilleri to destroy documents that relate to the Commission's investigation in contravention of section 88(2)(a) of the ICAC Act.

On 4 October 2016, Mr and Ms Camilleri were committed to the Sydney District Court. The matters were set for trial on 3 October 2017.

On 3 October 2017, Ms Camilleri indicated to the Court that she intended to plead guilty. The matter was adjourned to settle the facts. On 6 October 2017, pleas of guilty were formally entered to three counts of making a false statement to obtain a financial advantage and one count of incitement to commit a crime. On 25 May 2018, the matter was adjourned to 6 December 2018 for hearing on disputed facts.

Also on 3 October 2017, the Crown advised the Court that the DPP had decided not to proceed with the prosecution of Mr Camilleri. The Crown sought leave to withdraw the charges, which was granted by the Court. The trial was vacated with no further proceedings to follow.

The DPP did not consider that there was sufficient evidence to proceed with charges against Mr McCarthy, Mr Cassar or Mrs Attard. The DPP's advice has been accepted by the Commission.