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 consideration should be given to obtaining the advice of the DPP with respect to the prosecution of the following persons for common law criminal offences of misconduct in public office.

  • Gilbert (Laurie) Brown, in relation to his misuse of his public office in preparing the Kelly Cabinet minute to the Budget Committee of Cabinet with the intention if improperly favouring Edward Obeid Sr.
  • Anthony Kelly, in relation to his misuse of his public office by arranging for the preparation of the Kelly Cabinet minute and its submission to the Budget Committee of Cabinet with the intention if improperly favouring Edward Obeid Sr.
  • Edward Obeid Sr, in relation to: misusing his public office to promote AWH’s interests to each of Michael Costa, the Hon Nathan Rees, the Hon Morris Iemma, Phillip Costa and the Hon Kristina Keneally at a time when he knew that the advancement of those interests would financially benefit the Obeid family in the event a member of the Obeid family or an Obeid family entity acquired shares in AWH; misusing his public office to influence Mr Kelly, Mr Brown and Mr Tripodi to advance Obeid family interests by working towards the submission of a minute to the Budget Committee of Cabinet recommending the NSW Government enter into direct negotiations with AWH with respect to the AHW PPP proposal at a time when he knew that a successful outcome for that proposal would financially benefit the Obeid family in the event a member of the Obeid family or an Obeid family entity acquired shares in AWH.
  • Joseph Tripodi, in relation to his misuse of his public office to prepare a draft Cabinet minute and providing it for use by Mr Brown and Mr Kelly as the basis for a minute to be submitted by Mr Kelly to the Budget Committee of Cabinet with the intention of improperly favouring Edward Obeid Sr.

A brief of evidence was provided to the DPP on 12 January 2018. The Commission is awaiting the DPP's decision on whether proceedings will be taken.