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 Brett Roberts for the criminal offences of:

  • obtaining money by deception from the University of Newcastle for himself and Christopher Killalea, contrary to section 178BA of the Crimes Act 1900 (as it was at the time)
  • using a false instrument, namely his curriculum vitae, to obtain employment at the University of Newcastle, contrary to section 300 of the Crimes Act (as it was at the time)
  • giving false and misleading evidence, contrary to section 87 of the Independent Commission Against Corruption Act 1988, by giving evidence during a compulsory examination that MAPS did work for the University of Newcastle
  • fraud, by dishonestly obtaining $43,065 from the University of Sydney contrary to section 192E of the Crimes Act
  • using a false document, namely his curriculum vitae, to obtain employment at the University of Sydney, contrary to section 254 of the Crimes Act
  • giving false and misleading evidence, contrary to section 87 of the ICAC Act, by giving evidence during a compulsory examination that MAPS did work for the University of Sydney
  • fraud, by dishonestly obtaining $32,450 from Macquarie University by submitting a false invoice in December 2012, contrary to section 192E of the Crimes Act
  • fraud, by dishonestly causing a financial disadvantage of $10,450 to Macquarie University through iPath Pty Ltd, contrary to section 192E of the Crimes Act
  • attempted fraud, by dishonestly attempting to obtain $93,750 from Macquarie University by submitting three false invoices, contrary to section 192E and section 344A of the Crimes Act
  • using  false documents, namely a false licensing agreement and concocted emails, to influence the exercise of a public duty by staff members at Macquarie University, contrary to section 254 of the Crimes Act
  • using a false document, namely his curriculum vitae, to obtain employment at Macquarie University, and thereby obtain a financial advantage contrary to section 254 of the Crimes Act
  • giving false and misleading evidence, contrary to section 87 of the ICAC Act, by giving evidence during a compulsory examination that MAPS did work for Macquarie University.

The Commission is of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Christopher Killalea for the criminal offences of:

  • obtaining money by deception from the University of Newcastle for himself and Mr Roberts, contrary to section 178BA of the Crimes Act (as it was at the time)
  • fraud, by dishonestly causing a financial disadvantage of $32,450 to Macquarie University by collaborating with Mr Roberts with respect to a false invoice that was submitted to the university in December 2012, contrary to section 192E of the Crimes Act
  • fraud, by dishonestly causing a financial disadvantage of $10,450 to Macquarie University, through iPath Pty Ltd, contrary to section 192E of the Crimes Act
  • using false documents, namely a false licensing agreement and concocted emails, to influence the exercise of a public duty by staff members at Macquarie University, contrary to section 254 of the Crimes Act.

A brief of evidence was provided to the DPP on 2 December 2015.

On 2 March 2017, the DPP advised that there is sufficient evidence to charge Brett Roberts with:

  • 4 counts of dishonestly obtaining a benefit by deception, contrary to section 192E(1)(b) of the Crimes Act
  • 4 counts of making a false or misleading statement, contrary to section 192G of the Crimes Act
  • 1 count of using a false document to influence the exercise of a public duty, contrary to section 254 of the Crimes Act
  • 3 counts of giving false or misleading evidence at a public inquiry before the Commission, contrary to section 87(1) of the ICAC Act.

On 17 March 2017, Mr Roberts was served with court attendance notices for these offences. The charges were listed for mention at the Downing Centre Local Court on 9 May 2017.

At the Local Court mention on 9 May 2017, the Court ordered that a brief of evidence was to be served by 20 June 2017 and adjourned the matter to 13 July 2017 for a further mention. The Court also imposed bail conditions on Mr Roberts, requiring him to reside at an identified address and prohibiting any contact directly or indirectly with any prosecution witnesses, except through his legal representative.

The matter was mentioned on 10 August 2017. It was adjourned for one week for further discussions between the parties. On 17 August 2017, Mr Roberts entered pleas of guilty to two counts of dishonestly obtaining a financial advantage by deception, with a further three offences taken into account on sentencing. He also pleaded guilty to two counts of giving false or misleading evidence before the Commission, with a further offence to be taken into account on sentencing. The matter was listed for sentence before the Downing Centre Local Court on 20 October 2017. On that date, the matter was adjourned to 21 December 2017. On 21 December 2017, the matter was further adjourned to 12 April 2018. On 12 April 2018, sentence was further adjourned to 25 July 2018.

On 2 March 2017, the DPP advised that there is sufficient evidence to charge Christopher Killalea with:

  • 3 counts of dishonestly obtaining a benefit by deception, contrary to section 192E(1)(b) of the Crimes Act
  • 1 count of using a false document to influence the exercise of a public duty, contrary to section 254 of the Crimes Act.

On 28 March 2017, Mr Killalea was served with court attendance notices for these offences. The charges were listed for mention at the Downing Centre Local Court on 9 May 2017.

At the Local Court mention on 9 May 2017, the Court ordered that a brief of evidence was to be served by 20 June 2017 and adjourned the matter to 13 July 2017 for a further mention. The Court also imposed bail conditions on Mr Killalea, requiring him to reside at an identified address and prohibiting any contact directly or indirectly with any prosecution witnesses, except through his legal representative.

The matter was mentioned on 10 August 2017. It was adjourned for one week for further discussions between the parties. On 17 August 2017, Mr Killalea entered a plea of not guilty. The matter was listed for a summary hearing at the Downing Centre Local Court from 6 November 2017 for four days.

On 6 November 2017, Mr Killalea entered pleas of guilty to two counts of dishonestly obtaining a financial advantage by deception, with a further offence to be taken into account on sentence. A further charge of using a false document to influence the exercise of public duty was withdrawn. The matter was adjourned for sentence to 20 December 2017. On 20 December 2017, the matter was adjourned to 12 April 2018 for sentence. On 12 April 2018, sentence was further adjourned to 25 July 2018.