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 DPP should be obtained with respect to the prosecution of Balu Moothedath for the criminal offences of:

  • giving false and misleading evidence, contrary to section 87 of the Independent Commission Against Corruption Act 1988, by giving evidence during a public inquiry that he did not discuss the Commission’s investigation with Pranav Shanker on 29 June 2015
     
  • giving false and misleading evidence, contrary to section 87 of the ICAC Act, by giving evidence during a public inquiry that Pooja Naik worked for Canberra Solutions
     
  • attempting to procure false evidence from Mr Shanker on 29 June 2015, contrary to section 89 of the ICAC Act.

A brief of evidence was provided to the DPP on 22 June 2016. On 3 February 2017, the DPP advised against the laying of charges in respect of Balu Moothedath until such time as certain witnesses become available.