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 (DPP) should be obtained with respect to the prosecution of the following persons:

  • Samantha Brooks for offences of giving false or misleading evidence contrary to section 87 of the Independent Commission Against Corruption Act 1988, namely that she received the Rex Newell painting known as Perrin’s Boat Shed for her birthday in 2010, and that Andrew Cornwell gave the Rex Newell painting known as Perrin’s Boat Shed to Hilton Grugeon as a Christmas gift in return for which Mr Grugeon paid her $10,120
  • Andrew Cornwell for offences of giving false or misleading evidence contrary to section 87 of the ICAC Act 1988, namely that in December 2010 he gave the painting know as Perrin’s Boat Shed to Hilton Grugeon as a Christmas present, and that Mr Grugeon subsequently contacted him and offered to buy the painting from Samantha Brooks for the sum of $10,120
  • Timothy Gunasinghe for the offence of giving false or misleading evidence contrary to section 87 of the ICAC Act, namely that on 16 December 2010 he made out a cheque to the Free Enterprise Foundation believing that the Free Enterprise Foundation was a political lobby group
  • William Saddington for the offence of giving false or misleading evidence contrary to section 87 of the ICAC Act, namely that Joshua Hodges told Mr Saddington that he was establishing a consultancy firm, and that as a result of that conversation Mr Saddington gave Mr Hodges $4000 for the purpose of promoting Mr Hodges’ consultancy firm
  • Timothy Koelma for offences of giving false or misleading evidence contrary to section 87 of the ICAC Act, namely that he provided a service to Matthew Lusted of LA Commercial Pty Ltd in return for the payment of $5000, that he provided a service to Iwan Sunito of Crown Consortium Pty Ltd in return for the payment of $2,200, and that he provided advice to Eric Stammer and Scott Johnson of Yeramba Estates Pty Ltd in return for the payment of $5000
  • Christopher Hartcher for the offence of larceny, with respect to $4000 withdrawn from the accounts of the company known as Mickey Tech, those funds being intended as a donation to the NSW Liberal Party
  • Joseph Tripodi for the offence of misconduct  in public office, with respect to the provision of a confidential Treasury report to representatives of the private corporation Buildev Group Pty Ltd, without lawful authority to do so.

Briefs of evidence were provided to the DPP on 20 February 2017.

On 5 December 2017, the DPP advised that there was insufficient evidence to prosecute Samantha Brooks. The Commission has accepted that advice.

The Commission is awaiting the DPP's decision on whether proceedings will be taken in relation to the other persons referred to above.