Findings of corrupt conduct

The ICAC found that Gary Goodman engaged in serious corrupt conduct by:

  • between 1997 and October 2015, dishonestly exercising his official functions as Council CFO by approving, or causing the payment by the Council of, invoices totalling over $5 million, which he knew to be either entirely false or for inflated amounts, and did so in each case to obtain money from the Council for his own benefit and the benefit of others. The invoices were from, or purported to be from:

       - Emu Alarms Pty Ltd ($300,073.64)

       - CND Computers Pty Ltd ($2,097,021.74)

       - On Q Installations ($34,540)

       - Truck Service Centre ($536,474.95)

       - Computer Intersection (amount not established)

       - Australian Landscape Creations ($55,495)

       - Jovane Pty Ltd ($1.85 million)

       - Green Thumb Landscaping & Gardening Pty Ltd ($132,682)

       - Highland Profiles Pty Ltd and Cube Design and Construction Pty Ltd (amounts not established)

       - Teletec (amount not established)

       - Elias & Son Smash Repairs (amount not established)
     
  • soliciting and receiving $2,000 from Zoran Gajic of Cube Design and Construction and Highland Profiles as an inducement or reward for Mr Goodman exercising his public official functions to favour, or not to show disfavour to, Mr Gajic’s businesses in relation to their work for the Council
     
  • between December 2003 and January 2012, wilfully and intentionally using the Council’s corporate credit cards issued in the name of Peter Fitzgerald, the Council’s then general manager, to incur personal expenditure of $620,091.77, knowing that he was not entitled to do so, and then authorising the payment by the Council of the credit card accounts relating to that expenditure.

The ICAC also found that the following persons engaged in serious corrupt conduct:

  • Keith Mark by, between 1997 and 2005, in agreement with Mr Goodman, creating false Computer Intersection invoices, which he submitted to the Council for payment knowing that either he had not done the work claimed or that the amounts claimed had been inflated, with the intention that Mr Goodman would use his position at the Council to dishonestly arrange for payment of the invoices to benefit Mr Goodman
     
  • Mr Mark by, between 16 September and 7 October 2015, in agreement with Mr Goodman, creating false Australian Landscape Creations invoices totalling $55,495, which he submitted to the Council for payment knowing that the work claimed had not been done, with the intention that Mr Goodman would use his position at the Council to dishonestly arrange for payment of the invoices to benefit Mr Mark
     
  • Aleksa Subeski by, between 20 November 2014 and 7 October 2015, in agreement with Mr Goodman, creating false Jovane and Green Thumb Landscaping and Gardening invoices totalling $1,982,000, which he submitted to the Council for payment knowing that the work for which payment was claimed, had not been done, with the intention that Mr Goodman would use his position at the Council to dishonestly arrange for payment of the invoices to benefit himself and Mr Subeski
     
  • Mr Gajic by, on or about 20 July 2015, paying $2,000 to Mr Goodman as an inducement or reward for Mr Goodman exercising his public official functions to favour, or not to show disfavour, to Mr Gajic’s businesses in relation to their work for the Council
     
  • Joe Freitas by, in agreement with Mr Goodman, submitting to the Council for payment false Elias & Son Smash Repairs invoices for work he knew had not been done, with the intention that Mr Goodman would use his position at the Council to dishonestly arrange for payment of the invoices to benefit himself and Mr Freitas
     
  • Sam Alexander by, in agreement with Mr Goodman, submitting to the Council for payment false Teletec invoices for work he knew had not been done, with the intention that Mr Goodman would use his position at the Council to dishonestly arrange for payment of the invoices in order to benefit Mr Goodman
     
  • Marny Baccam by, between around 2013 and October 2015, dishonestly exercising her public official functions as a Council clerical assistant to obtain money from the Council for her own benefit and the benefit of others, by arranging for the payment by the Council of invoices she knew to be false. The false invoices were from, or purported to be from, Ari Landscape Solutions ($245,751), Al-Furat Pty Ltd, and Gardens2NV
     
  • Malcolm Foo by, between around 2012 to 2013 and October 2015, dishonestly exercising his public official functions as Council officer by arranging for the payment by the Council of Gardens2NV invoices, which he knew to be false, in order to obtain the invoiced amounts for his own benefit and the benefit of the contractor Gardens2NV
     
  • Lyndal Marshall by, between 2013 and October 2015, in agreement with Ms Baccam and Mr Foo, creating and submitting to the Council for payment false Gardens2NV invoices totalling approximately between $200,000 and $220,000 for work she knew had not been done, knowing that Ms Baccam and Mr Foo would use their positions at the Council to dishonestly arrange payment of the invoices in order to obtain money from Council to recoup money paid to Ms Baccam or Mr Foo
     
  • Robert Floudas by, between 2013 and October 2015, being party to an agreement between Ms Marshall, Ms Baccam and Mr Foo whereby false Gardens2NV invoices, totalling approximately between $200,000 and $220,000, were submitted to the Council for payment for work that had not been done, knowing that Ms Baccam and Mr Foo would use their positions at the Council to dishonestly arrange payment of the invoices in order to obtain money from the Council to recoup money paid to Ms Baccam and Mr Foo
     
  • Siddik Hussein by collaborating with Ms Baccam to create false Al-Furat invoices to be paid by the Council for work he knew had not been done, knowing that Ms Baccam would use her position at the Council to dishonestly arrange for payment of the invoices
     
  • Lolrraine Cullinane for wilfully and dishonestly failing, in her duty as the Council’s deputy general manager, to cause the taking of disciplinary proceedings against Mr Goodman or to report his misconduct to the NSW Police Force.