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 consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Craig Izzard for:

  • an offence pursuant to section 249B(1)(a) of the Crimes Act 1900 in relation to agreeing to receive a share of $10,000 for improperly exercising his official functions
  • an offence pursuant to section 249B(1)(a) of the Crimes Act and for the common law offence of misconduct in public office for agreeing to receive cash payments and other gifts as a reward for improperly exercising his official functions by failing to investigate and not enforcing waste disposal laws in relation to operations at Bandon Road Yard, Vineyard.

The Commission is of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Nosir Kabite for:

  • an offence pursuant to section 249B(2)(a) of the Crimes Act in relation to offering a corrupt reward to Mr Izzard for Mr Izzard to misuse his official functions to improperly assist Mr Beydoun
  • an offence pursuant to section 249B(2)(a) of the Crimes Act and an offence of aiding and abetting an offence of misconduct in public office for paying money and providing other benefits to Mr Izzard for the purpose of influencing him to improperly exercise his official functions so as not to enforce waste disposal laws in relation to Mr Kabite’s operations at Bandon Road Yard, Vineyard.

The Commission is of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Ibrahim Beydoun for an offence pursuant to section 249B(2)(a) of the Crimes Act in relation to paying a corrupt reward of $10,000 in the anticipation that a public official would misuse their official functions.

Updates

Briefs of evidence were provided to the DPP on 8 September 2017. The Commission is awaiting the DPP's decision on whether proceedings will be taken.