ICAC considers criminal charges against Labor figures

 

You can read more at the AFR

Obeid

 

 

“You’re a crook” is one of the memorable lines to emerge from seven months of public hearings in Sydney’s coal ­corruption inquiry, prompting an angry denial by former NSW Labor mining minister Ian Macdonald.

It was one of the more sensational accusations in an inquiry that had no shortage of colourful identities and ­outrageous comments.

Now the NSW Independent Commission Against Corruption’s marathon hearings about a trio of investigations of former Labor figures have ended, the focus turns to the possibility of criminal charges being laid against one or more ministers in the former NSW Labor government, or the businessmen who are in the watchdog’s sights.

ICAC will deliver the findings in the investigations from July, including recommendations about whether the Director of Public Prosecutions should consider prosecuting any of the men implicated in the hearings. It does not have the power itself to lay criminal charges.

Among those who could face criminal charges, should the corruption investigative body make a recommendation to the DPP, are Mr Macdonald and his political ally, former NSW Labor powerbroker and minister Eddie Obeid. Another is the former national ­secretary of the Construction, Foresty, Mining and Energy Union, John Maitland.

Mr Maitland’s alleged involvement postdates his union job.

ICAC has already provided some guidance as to the potential charges that could flow from the evidence, without making any factual findings.

The offences carry jail terms or, in some cases, fines.

Two common law offences that may apply – which have evolved in cases written by judges rather than enacted by Parliament – are those of conspiracy to defraud and misconduct in public office.

There are also offences in the statute books that may apply, including the offence of fraud, which is punishable by up to 10 years in prison. Lying to ICAC is also punishable by up to five years’ jail.

Counsel assisting ICAC, Geoffrey Watson, SC, who made the “crook” accusation to Mr Macdonald, foreshadowed in February he would submit to the commission that Mr Obeid and his family had participated in a common law criminal conspiracy with Mr Macdonald to “effect a fraud on the people of NSW”.

 

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