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 Director of Public Prosecutions should be obtained with respect to the prosecution of:

  • Phillip Cresnar for offences of receiving corrupt commissions or rewards pursuant to section 249B(1)(a) of the Crimes Act 1900 in relation to the benefits he received from Messrs Bastow, Madden and McGann; offences of receiving corrupt commissions or rewards pursuant to section 249B(1)(b) of the Crimes Act in relation to the benefits he received from Messrs Twomey, Burke and Miskelly; attempting to procure the giving of false testimony at a compulsory examination or public inquiry contrary to section 89(a) of the Independent Commission Against Corruption Act 1988 in relation to a letter sent to Mr Bastow; giving false or misleading evidence at a compulsory examination on 17 April 2014, contrary to section 87(1) of the ICAC Act, in relation to his evidence that he had done nothing in exchange for the benefits that were provided to him by Mr Bastow.
  • Dennis Twomey for offences under section 249B(2)(b) of the Crimes Act in relation to the benefits he supplied Mr Cresnar; and an offence under section 114(1) of the ICAC Act of disclosing information about a Commission summons that was likely to prejudice a Commission investigation.
  • Eamon Burke for offences under section 249B(2)(b) of the Crimes Act in relation to the four cheques he supplied to Mr Cresnar; and an offence under section 112 of the ICAC Act for disclosing information about his attendance at a compulsory examination.
  • Patrick Miskelly for offences under section 249B(2)(b) of the Crimes Act in relation to the airline tickets he supplied to Mr Cresnar.
  • John Madden and Fergal McGann each for an offence under section 249B(2)(a) of the Crimes Act in relation to the $2,500 payment to Mr Cresnar.

A brief of evidence was provided to the DPP on 17 July 2015.

Updates

On 18 July 2017, the DPP advised that there is sufficient evidence to charge the following people with the following offences:

  • Phillip Cresnar for offences of receiving corrupt commissions or rewards pursuant to section 249B(1)(a) of the Crimes Act in relation to the benefits he received from Messrs Bastow, Madden and McGann; offences of receiving corrupt commissions or rewards pursuant to section 249B(1)(b) of the Crimes Act in relation to the benefits he received from Messrs Twomey, Burke and Miskelly; attempting to procure the giving of false testimony at a compulsory examination or public inquiry contrary to section 89(a) of the ICAC Act in relation to a letter sent to Mr Bastow; giving false or misleading evidence at a compulsory examination on 17 April 2014, contrary to section 87(1) of the ICAC Act, in relation to his evidence that he had done nothing in exchange for the benefits that were provided to him by Mr Bastow.
  • Dennis Twomey for offences under section 249B(2)(b) of the Crimes Act in relation to the benefits he supplied Mr Cresnar; and an offence under section 114(1) of the ICAC Act of disclosing information about a Commission summons that was likely to prejudice a Commission investigation.
  • Eamon Burke for offences under section 249B(2)(b) of the Crimes Act in relation to the four cheques he supplied to Mr Cresnar; and an offence under section 112 of the ICAC Act for disclosing information about his attendance at a compulsory examination.
  • Patrick Miskelly for offences under section 249B(2)(b) of the Crimes Act in relation to the airline tickets he supplied to Mr Cresnar.
  • John Madden for an offence under section 249B(2)(a) of the Crimes Act in relation to the $2,500 payment to Mr Cresnar.
  • Fergal McGann for an offence under section 249B(2)(a) of the Crimes Act in relation to the $2,500 payment to Mr Cresnar.

On 1 February 2018, Mr Burke entered a plea of guilty. On 29 May 2018, he was sentenced to an intensive corrections order for a period of 12 months.

Mr Madden and Mr McGann appeared at the Downing Centre Local Court on 17 April 2018. Following a plea of guilty, and after a number of adjournments, on 7 August 2018 they were each sentenced to an intensive correction order for a period of 7 months.

Mr Twomey pleaded guilty to his charge and on 27 September 2018 he was sentenced to an intensive correction order for a period of 8 months.

On 23 November 2018, Mr Cresnar's and Mr Miskelly's matters were set down for trial at the Sydney District Court on 14 October 2019.