High Court of Australia: state of play in the matter of NSW Independent Commission against Corruption v. Cunneen & Ors

For those interested in how the appeal, Independent Commission against Corruption v. Cunneen & Ors is progressing, see document links below.

North Coast Voices’ regular readers might recall that it was Cunneen v Independent Commission Against Corruption which caused the NSW Independent Commission Against Corruption to delay its final reports concerning Operations Credo and Spicer.

Documents

09/12/2014 Application for special leave to appeal

12/12/2014 Hearing (Single Justice, Sydney)

16/01/2015 Written submissions (Applicant)

16/01/2015 Chronology (Applicant)

02/02/2015 Written submissions (Respondents)

02/02/2015 Chronology (Respondents)

13/02/2015 Reply (Applicant)

04/03/2015 Hearing (Full Court, Canberra

*The due dates shown for documents on this page are indicative only

Six ICAC recommendations concerning election funding which are never likely to be endorsed by a NSW government

In the last month of 2014 the NSW Independent Commission Against Corruption released a report titled; Election funding, expenditure and disclosure in NSW: Strengthening accountability and transparency.

This 31-page report made twenty-two (22) recommendations which would make politicians, political parties and associated entities more accountable for their fundraising activities, finally allow voters to be aware of the sources of political funding in the lead-up to a state election and, allow for the de-registration of political parties in extreme cases of non-compliance.

Here are eight of those recommendations which are unlikely to be implemented no matter which major political party wins the March 2015 state election:

IN LIMBO: NSW Independent Commission Against Corruption reports on Operation Credo & Operation Spicer investigations

To misquote a well known saying; the mills of justice grind slowly. So it is likely that voters in New South Wales will cast their ballots in the 28 March 2015 state election without knowing the Commission's recommendations regarding those politicians, political staffers and businessmen identified as having behaved in an allegedly corrupt manner.

These three media releases and one newspaper article encapsulate the legal difficulties facing current and possibly future corruption investigations by the NSW Independent Commission Against Corruption.

ICAC Operation Hale public inquiry

Friday 5 December 2014

Today's majority decision of the NSW Court of Appeal with respect to the NSW Independent Commission Against Corruption (ICAC)'s Operation Hale public inquiry fundamentally affects the scope of the Commission's powers to conduct investigations into corrupt conduct.

It is critical to the exercise of the Commission's powers generally that the construction of section 8 of the ICAC Act is settled.

Accordingly, the ICAC will seek leave to appeal to the High Court of Australia.

The Commission will be making no further comment at this stage.

Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801

Statement regarding Operations Credo and Spicer

Friday 5 December 2014

The majority decision in Cunneen v ICAC [2014] NSWCA 421 fundamentally alters the basis of the Commission's powers with respect to significant parts of Operations Credo and Spicer.

 The Commission is seeking special leave in the High Court of Australia as a matter of urgency.

 Until the proceedings are resolved, the Commission will not complete the reports in Operations Credo and Spicer.

 The Commission will be making no further comment at this stage.

Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801

HIGH COURT OF AUSTRALIA

COURTROOM, LEVEL 23

Law Courts Building, Queen's Square, Sydney

FRIDAY, 12 DECEMBER 2014

AT 2:15 PM

BEFORE HIS HONOUR CHIEF JUSTICE FRENCH

INDEPENDENT COMMISSION AGAINST CORRUPTION V CUNNEEN & ORS

Matt Grey

Deputy Registrar

The Sydney Morning Herald 12 December 2014:

The High Court is set to have the final say about whether the Independent Commission Against Corruption can investigate Crown prosecutor Margaret Cunneen over allegations she perverted the course of justice.

Chief Justice Robert French on Friday referred the commission's application for special leave to appeal a ruling shutting down its investigation into Ms Cunneen, SC, to the full court of the High Court, which will hear the appeal in March.

NSW Independent Commission Against Corruption seeks urgent hearing in Australian High Court to confirm and protect its investigative powers

On 30 October 2014 the NSW Independent Commission Against Corruption (ICAC) announced a public inquiry into allegations concerning alleged corrupt conduct by a senior public official.

This inquiry known as Operation Hale was due to commence on 10 November 2014 and run over a two-day period.

However, by 10 November 2014 the NSW Supreme Court had handed down its judgment in Cunneen and Ors v Independent Commission Against Corruption [2014] NSWSC 1571.

The Court found against the plaintiffs; Margaret Cunneen, Stephen Wyllie and Sophia Tilley – concluding that:

 118.       It follows from the above that the plaintiffs have not made out the issues raised in their summons and that their summons should be dismissed. I have not heard argument as to costs and accordingly, I will give the parties an opportunity to make submissions on that issue and I reserve my decision as to costs.

 119.       The orders which I make are as follows:

(1) The plaintiffs' summons is dismissed.

(2) Costs are reserved.

As an appeal was foreshadowed ICAC agreed to delay the commencement of Operation Hale hearings.

On 18 November 2014 in Cunneen v Independent Commission Against Corruption [2014] NSWCA 421 the NSW Court of Appeal found for the plaintiffs - concluding:

123 The applicants are entitled to the relief sought in the summons, to the extent of a declaration that the Commission had no authority to investigate the matter identified in the summons by reference to the general scope and purpose of the proposed public inquiry and the nature of the allegation or complaint being investigated.

209 I agree with Basten JA that there was no power for ICAC to conduct an investigation into the allegation as described in the summons issued pursuant to s 35 of the ICAC Act because the alleged conduct did not fall within the definition of "corrupt conduct" in s 8(2) of the Act. I agree that the orders proposed by Basten JA should be made.

Neither judgement addressed the matter of whether the alleged incident occurred. ABC News reports that; Ms Cunneen has denied allegations she told her son Stephen Wyllie's girlfriend, Sophia Tilley, to pretend to have chest pains to avoid a blood-alcohol test after a car crash.

On 5 December 2014 ICAC issued the following statements:

ICAC Operation Hale public inquiry

Friday 5 December 2014

Today's majority decision of the NSW Court of Appeal with respect to the NSW Independent Commission Against Corruption (ICAC)'s Operation Hale public inquiry fundamentally affects the scope of the Commission's powers to conduct investigations into corrupt conduct.

It is critical to the exercise of the Commission's powers generally that the construction of section 8 of the ICAC Act is settled.

Accordingly, the ICAC will seek leave to appeal to the High Court of Australia.

The Commission will be making no further comment at this stage.

Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801

Statement regarding Operations Credo and Spicer

Friday 5 December 2014

The majority decision in Cunneen v ICAC [2014] NSWCA 421 fundamentally alters the basis of the Commission's powers with respect to significant parts of Operations Credo and Spicer.

 The Commission is seeking special leave in the High Court of Australia as a matter of urgency.

 Until the proceedings are resolved, the Commission will not complete the reports in Operations Credo and Spicer.

 The Commission will be making no further comment at this stage.

Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801

NSW North Coast development referred to the Independent Commission Against Corruption

A tale the NSW North Coast has heard many times before – a metropolitan-based developer is allegedly using a handful of local investors to hopefully cloak his proposed over-development with a modicum of legitimacy.

West Byron at North Coast Nature

AN OPEN LETTER TO THE WEST BYRON LANDOWNERS:

01/10/2014

Dear Warren Simmons, Peter Croke, Gary Macdonald, Alan Heathcote, Tony Smith, Terry Agnew, Timothy Stringer, Ronald Geeves, David O’Connor, Kevin Rodgers and Richard Sykes,
We, the people of Byron Bay,  want to let you know that we believe you would be doing an irreversible harm to our town if your proposed rezoning and subsequent development of the West Byron wetlands goes through.
If this land is rezoned for intensive residential and industrial development, our lovely low-key, laid-back town would become a congested mess and look like so many other ruined coastal towns. The natural environment that brings people here must be protected; we will not accept more appalling traffic queues into town and an overcrowded parking nightmare.
We have asked, via your representative Stuart Murray, for meetings and for genuine community consultation but you have declined. You can do something about this terrible plan. You can stop it. For your property you can submit a more reasonable proposal to Council that avoids the most sensitive areas, enables an amount of development that will not overwhelm Byron’s ability to cope with it and still makes you sizeable profits.

Please consider the wellbeing of Byron Bay residents, the tourism industry, local koalas and the Belongil estuary and don’t attempt to sacrifice them for your profit. We will not accept this development.

Signed:

See full list of signatures here.

Echo NetDaily 1 October 2014:

The West Byron development proposal is to be referred to the Independent Commission Against Corruption (ICAC) today (Tuesday) by NSW Greens MLC and former Byron mayor Jan Barham.

Ms Barham told The Echo that the site ‘may have been wrongly defined’ and is worthy of investigation. ‘The community deserves to be assured that a project of this scale has not been brought forward for state approval wrongly.’

‘I believe that it is important that this matter is clarified before any assessment of the proposal by the government,’ she said.

The 108-hectare land is currently under planning minister Pru Goward’s determination for large-scale housing/industrial development, and sits just 2.5 kilometres west of the CBD on Ewingsdale Road.The Echo understands that Sydney-based developer Terry Agnew is by far the largest shareholder at around 80 per cent, along with other local investors.

Ms Barham says there appears to be ‘irregularities’ from when the site was defined in 2009 as West Byron Bay Urban Release Area for inclusion in the Major Development SEPP.

It comes after a meeting was held between Ms Barham, local state MP Don Page (Nationals) and members from the Byron Residents Group last week……

So what is this Free Enterprise Foundation of which they speak?

According to evidence before the NSW Independent Commission Against Corruption (ICAC) and other sources, the Free Enterprise Foundation:

* Is listed by the Australian Electoral Commission as an associated entity of the federal divisions of the Liberal Party of Australia and the National Party of Australia.

* Was created by deed on 20 August 1981 as a $10 trust at the direction of Sir Robert Crichton-Brown, federal treasurer of the Liberal Party of Australia from 1973 to 1985.

* Has set out its objectives in the trust deed are as follows:

* Original trustees were Anthony Joseph Bandle and Charles James Fox who comprised the trust’s original Council. The current trustees are Anthony Bandle and Stephen Francis McAneney.  Both of whom were also trustees of the Greenfields Foundation, an associated entity which was allegedly set up to hide from public view a 1992 $4.7 million political donation to the Liberal Party.

* Accountants are Bandle McAneney & Company.

*  Name was registered with the Australian Security & Investments Commission as a business name in 2012.

* Receives political donations which the trust directs onto the Liberal Party of Australia, the Liberal National Party of Queensland, other associated entities of the Liberal Party and, infrequently to registered charities.

In practice the Free Enterprise Foundation does not appear to fulfil all the prescribed purposes set out in the trust document, does not seem to operate independently of the Liberal Party of Australia and, has accepted political donations from prohibited donors in New South Wales which it redirected to the Liberal Party of Australia (NSW Division).

Rather disingenuously former NSW Deputy State Director of the Liberal Party and former Metgasco Limited executive, Richard Shields, stated during a 12 September 2014 ICAC Operation Spicer hearing in relation to the Free Enterprise Foundation, which had donated  approximately $700,000 to the Liberal Party to fund its 2011 NSW election campaign:

I knew that it existed, I, I didn’t have a lot, a great understanding of it. I had heard, you know, I, I was of the opinion that it was an organisation that had political or philosophical 

allegiances with the conservative side of politics. 

Former member Metgasco Limited's executive team to appear before NSW ICAC Operation Spicer investigation

Between 2011-13 Richard Shields was coal seam gas miner Metgasco Limited’s in-house lobbyist on its executive team as External Relations Manager.

Prior to crossing over to this listed mining company for those two years, Shields served as Deputy Director of the Liberal Party of Australia (NSW Division) for over 3 years and also served as the Interim State Director.

It is primarily this political party role which sees Richard Shields included on the witness list for Friday 12 September 2009.

Presumably because evidence given during Operation Spicer hearings is that Shields took a direct hand in fundraising during his time in the party's William Street head office between 2008 and 2011 and, this is a period in which unlawful political donations were allegededly laundered through Liberal Party associated entities.

The 'I Knows Nuffink' defence reaches the height of absurdity during NSW ICAC Operation Spicer hearing

An exchange between junior counsel assisting the NSW Independent Commission Against Corruption Greg O'Mahoney and Queanbeyan property developer Lee Jay Brinkmeyer during an Operation Spicer hearing on 9 September 2014:

O’MAHONEY: Do you appreciate, Mr Brinkmeyer, that as a businessman who is spending company funds that you’ve written a $20,000 cheque to an organisation you know nothing about on the say so of a person whom you only have a mobile phone contact for without knowing precisely where the money’s going to go and having made no inquiries about where the money actually went, is that the effect of your evidence?

BRINKMEYER: Yeah. I mean, when you put that way - - -

O’MAHONEY: That’s it in a nutshell?

BRINKMEYER: When you put it that way it sounds bad but that’s - - -

O’MAHONEY: It sounds more than bad, Mr Brinkmeyer?

BRINKMEYER: That’s correct

O’MAHONEY: It sounds absurd, if you wouldn’t mind me saying?

BRINKMEYER: Well look, when I’ve made other donations in the past whether it - - -

NSW Independent Commission Against Corruption: Has the other shoe dropped for former premier Barry O'Farrell?

Retired as NSW Premier and Minister for Western Sydney effective 17 April 2014 and moved to the back bench after giving false evidence to the NSW Independent Commission Against Corruption, Barry O’Farrell Liberal MP for Kur-ing-gai for is recalled as a witness today.

The Sydney Morning Herald 9 September 2014:

Two weeks before the 2011 election, then opposition leader Barry O'Farrell announced a tax policy that benefited developer Brickworks while the company was allegedly bankrolling a researcher in his office and had secretly donated $125,000 to the Liberal campaign.

As Premier, Mr O'Farrell made good on the policy – to repeal a controversial property transfer tax – six weeks after the election.

The researcher, Matt Crocker, is now director of policy to Premier Mike Baird.
Mr O'Farrell is due to give evidence at the Independent Commission Against Corruption on Tuesday after the commission heard last week that Brickworks secretly funded Mr Crocker's position in his office while he was opposition leader.

Former Liberal fundraiser Paul Nicolaou told the commission that Brickworks paid for a researcher in 2009, 2010 and 2011 at a cost of $50,000 a year……

The ICAC has also heard Brickworks donated $125,000 to the Liberal-linked Free Enterprise Foundation, a federally registered organisation, which was then allegedly channelled back to the NSW Liberals for use in the 2011 state election campaign.

Brickworks is Australia's largest brickmaker but also has a property development arm. Property developers have been banned from donating to state election campaigns in NSW since late 2009.

Mr O'Farrell visited the Horsley Park headquarters of Brickworks subsidiary Austral Bricks on March 12, 2011.

During the visit Mr O'Farrell announced that if Coalition won the March 26 election it would repeal what he called Labor's "sneaky" home buyers tax – a levy on property transfers worth more than $500,000, announced by planning minister Tony Kelly in 2010.

Attending the announcement was a representative of the Property Council of Australia which had railed against the new tax as "a brake on investment" and "effectively ... a second stamp duty".

Six weeks after winning the election, Mr O'Farrell made good on his pledge to repeal the property tax with legislation introduced to the Parliament on May 9.

The repeal bill was introduced to the Legislative Assembly by Mike Baird, who was then the Treasurer and who became Premier in April this year after Mr O'Farrell resigned over giving false evidence to a previous ICAC inquiry…..

Can the Speaker in the House of Representatives deny knowledge of alleged laundered money routed through The Dame Pattie Menzies Liberal Foundation?

According to a report in The Sydney Morning Herald on 8 September 2014, Liberal Party MP for Mackellar and Speaker in the House of Representatives Bronwyn Bishop has been identified in evidence before the Operation Spicer investigation as being a director of the Dame Pattie Menzies Foundation Trust which received $11,000 from the Free Enterprise Foundation on December 9, 2010, which it then directed to the NSW branch of the party for use in the 2011 state election and The previous day, Mr Partridge has sent a cheque for $125,000 to the Free Enterprise Foundation with a note which read: "We trust this donation will provide assistance with the 2011 NSW State election campaign". Additionally, A $2000 donation to the Dame Pattie foundation from Australian Corporate Holdings, a company connected to Sydney property developer and sailor Syd Fischer, was also passed on to the NSW Liberals.

So sure was the foundation that these donations would not be queried that they were included on the relevant disclosure from:

The Dame Pattie Menzies Liberal Foundation Ltd disclosure of political donations and expenditure for the financial year 2010-11

Can Bronwyn Bishop deny all knowledge of this foundation receiving ‘laundered’ developer donations before passing them onto the NSW Liberal Party, when Australian Securities & Investment Commission records reveal that at least three current office bearers of The Dame Pattie Menzies Liberal Foundation Ltd (incorporated in NSW) are being questioned concerning allegations of corruption currently being heard during NSW Independent Commission Against Corruption (ICAC) Operation Spicer hearings:

JOHN PEGG,  9 Bushlands Avenue, GORDON NSW 2072, appointed 15.11.93 appeared before NSW ICAC on 8 September 2014

BRONWYN KATHLEEN BISHOP, 21 Pacific Parade, DEE WHY NSW 2099, appointed 29.08.86

WARWICK JAMES WILKINSON,  6A Parriwi Road, MOSMAN NSW 2088, appointed 29.08.86

GILLIAN STOREY, Werong, YASS NSW 2582, appointed 23.11.92 

CHRISTINE MARGARET LIDDY, 103 Raglan Street, MOSMAN NSW 2088, appointed 20.02.04

DENISE ANNE FINK, Unit 11, 282 Sailors Bay Road, NORTHBRIDGE NSW 2063, appointed 20.02.04

DAMIAN JONES,  853 Barrenjoey Road, PALM BEACH NSW 2108, first appointed 06.01.05

NICHOLAS CAMPBELL, 6 Rhonda Close, WAHROONGA NSW 2076 appointed 13.12.13 appearing before NSW ICAC 9 September 2014

The company secretary since 2008 is:

SIMON JOHN MCINNES 5 Hillpine Avenue, KOGARAH NSW 2217, appeared before NSW ICAC 4 September 2014

NSW Independent Commission Against Corruption (ICAC) OPERATION SPICER witness list for week commencing 8 September 2014 - witness cheat sheet UPDATED

NSW ICAC OPERATION SPICER witness list for week commencing 8 September 2014:

Monday 8 September

Mark Neeham - former State Director of the New South Wales Liberal Party, executive director polling/lobbying firm Crosby Textor

Michael Photios - member of the NSW Liberal Party's state executive until September 2013, contracted by Australian Water Holdings in 2011 to lobby NSW O’Farrell Government, chairman of registered lobbyist company Premier State Consulting Pty Ltd

Michael Yabsley - former Liberal NSW MLC and former minister in the Greiner Government, former Honorary Federal Treasurer of Liberal Party of Australia and former member of the party's Federal Finance Committee, CEO Australia Gulf Council, founding director of Government Relations Australia now merged into GRACosway lobbyists for mining interests such as AGL, MMG & QGC

John Pegg - member of the three-man panel appointed by NSW Premier Mike Baird to take control of the state party’s finances, property and fundraising in the wake evidence before ICAC

Nicholas Jones – electoral officer of Gary Edwards, the NSW Liberal MP for Swansea who moved to the cross bench, after allegations during evidence that he had received an unlawful political donation

Tuesday 9 September

Barry O'Farrell - NSW Liberal MP for Ku-ring-gai,  resigned as Premier and Minister for Western Sydney effective 17 April 2014 and moved to the back bench when it was proven that he had not told the truth when giving evidence at a NSW Commission Against Corruption (ICAC) Operation Credo hearing in relation to an undeclared $3,000 gift from the then CEO of Australian Water Holdings.

Nicholas Campbell - director at The Dame Patty Menzies Liberal Foundation Ltd
Natasha McLaren-Jones - Liberal Party NSW MLC since March 2011

Lee Brinkmeyer - political donor to NSW Liberal Party, Queanbeyan property developer with Elmslea Development, possibly related to land speculator and former president of the Queanbeyan branch of the Liberal Party Alex Brinkmeyer

Mark Vaile – former Nationals MP for Lyne, former leader of the Federal National Party and deputy prime minister, Independent Non-Executive Director at Whitehaven Coal Ltd, shareholder in Whitehaven through Wendmar Pty Ltd

Anthony Bandle - chartered accountant Bandle McAneney & Co, trustee of Canberra-based associated entity Free Enterprise Foundation, previously called as a witness in Operation Spicer hearing in May 2014 

Wednesday 10 September

Not sitting day

Thursday 11 September 2014

Wayne Brown - NSW Liberal party state executive member

Aaron Henry - member of the Liberal Party and former staffer with Liberal MP for The Entrance Chris Spence now sitting on the cross benches as an independent after expulsion from the party

Robert Webster - former NSW Planning and Energy Minister in Greiner Coalition Government

Friday 12 September 2014

Craig Baumann - NSW Liberal MP for Port Stephens previously mentioned in evidence given during Operation Spicer

Jeff McCloy – property developer, Chairman of the McCloy Group, former Newcastle mayor who resigned his mayoral position due to admissions that he had made to ICAC that he had made unlawful political donations to the NSW Liberal Party

Hilton Grugeon - millionaire NSW property developer and owner of the Hunter Advantage company, co-founder of Hunter Land Pty Ltd

Vincent Heufel – accountant, Heufel Partners Business Advisers Pty Ltd 

Richard Shields - General Manager Government and Stakeholder Relations at Insurance Council Of Australia, former Metgasco Ltd External Relations Manager, former Deputy Director of the Liberal Party of Australia (NSW Division) and former Interim State Director

Ray Carter - former electorate officer for then NSW Resources and Energy Minister Chris Hartcher

Arthur Sinodinos  - Federal Liberal Senator for NSW and Assistant Treasurer in the Abbott Government  - not fulfilling assistant treasurer duties for the duration of the ICAC Operation Credo and Operation Spicer investigations, after allegations concerning the corporation Australia Water Holdings of which he was a director were made during Operation Credo 

NSW Independent Commission Against Corruption now has evidence before it that implicates members of the election campaign team which helped Tony Abbott become Prime Minister of Australia

@Kate_McClymont

Well it can no longer be ignored, the NSW Independent Commission Against Corruption now has evidence before it that implicates members of the election campaign team which helped Tony Abbott achieve his goal of becoming Prime Minister of Australia.

This is a section of the 2010 email (above) copied to Brian Loughnane, Federal Director of the Liberal Party of Australia and husband of Prime Minister Tony Abbott’s chief of staff, as well as Arthur Sinodinos who was then Honorary Treasurer of the NSW Division of the Liberal Party and a former chief of staff to John Howard when he was prime minister:

This email makes it clear that one property developer is unlawfully donating $25,000 to the NSW Liberal Party of Australia via the party’s federal associated entity, the Free Enterprise Foundation.

So will Brian Loughnane assert that he didn't read his emails in 2010 or will he, like Senator Sinodinos' lawyer, claim that routing unlawful donations to the NSW Liberal Party through the Free Enterprise Foundation was a legitimate action.

UPDATE

According to a report in The Sydney Morning Herald on 8 September 2014, Liberal Party MP for Mackellar and Speaker in the House of Representatives Bronwyn Bishop has been identified in evidence before the Operation Spicer investigation as being a director of the Dame Pattie Menzies Foundation Trust which received $11,000 from the Free Enterprise Foundation on December 9, 2010, which it then directed to the NSW branch of the party for use in the 2011 state election and The previous day, Mr Partridge has sent a cheque for $125,000 to the Free Enterprise Foundation with a note which read: "We trust this donation will provide assistance with the 2011 NSW State election campaign". Additionally, A $2000 donation to the Dame Pattie foundation from Australian Corporate Holdings, a company connected to Sydney property developer and sailor Syd Fischer, was also passed on to the NSW Liberals.

The same article also pointed out that:

Previously suppressed emails at a corruption inquiry raise serious concerns about major donors to the Liberal Party being rewarded with extraordinary access to senior party figures.

The emails are from the chief fundraiser of the NSW Liberal Party Paul Nicolaou to Peta Credlin, one of the most powerful figures in the federal government….

As well as being chief of staff to Prime Minister Tony Abbott, Ms Credlin is married to Brian Loughnane, the party's federal director.

The emails reveal that, in March 2011, while in Opposition, Ms Credlin was advised by Mr Nicolaou that the managing director of Brickworks, Lindsay Partridge, was "a very good supporter to the party".

 Brickworks was one of the largest corporate donors to the Liberal Party, giving a massive $384,000 in a nine-month period from July 2010 to April 2011.

As well as its brand Austral Bricks, Brickworks also lists property development as a core business. The ICAC has heard that Brickworks used the Free Enterprise Foundation, a shadowy Canberra-based organisation, to channel $125,000 in illicit donations  to the NSW Liberals for the March 2011 state election.

Playing hide and seek with NSW ICAC Operation Spicer exhibits

An interesting incident which occurred during evidence given by former NSW Greiner Coalition Government minister, Robert Webster on 4 September 2014:

MR WATSON: I’m sorry to interrupt but there’s been something drawn to

my attention. I understand there’s some complaint made about material

which is Exhibit Z83 and Z84 they’ve been removed from the screen.

Perhaps it’s better for present purposes, Commissioner, if you make a

suppression order in respect of the material which had previously been put

onto the unrestricted website and marked as - - -

THE COMMISSIONER: Well can you give me a page number?

MR WATSON: No, well at the moment I can’t and I know it’s not the

whole of the volumes but I’m just doing this as some sort of general

protection. We’ve been threatened - - -

UNIDENTIFIED SPEAKER: (not transcribable)

MR WATSON: Well I don't know anything about this but I’m trying to

protect them but I’ve got some people who’ve got a better idea then go for

their lives.

THE COMMISSIONER: Anyway the solution presently is, I don’t want to

interrupt this for too long, the solution presently is that Z83 and Z84 are

restricted from publication in their entirety until that order is varied.

Z83 AND Z84 ARE RESTRICTED FROM PUBLICATION IN THEIR

ENTIRETY UNTIL THAT ORDER IS VARIED

MR WATSON: And I’ll have a look at this correspondence and - - -

THE COMMISSIONER: All right, thank you.

MR DUGGAN: It might be something (not transcribable)

MR WATSON: I think it’s not coming from Senator Sinodinos it was

coming from the Liberal Party.

MR DUGGAN: I thank Counsel Assisting for raising this issue and we can

talk about it after (not transcribable)

MR WATSON: Yes. I’m sorry, I - - -

Both restricted exhibits are from The Free Enterprise Foundation folders and one these folders contained some correspondence from the Liberal Party of Australia Millennium Forum whose official patrons in 2010-11 were Tony Abbott MP and Barry O’Farrell.

The Sydney Morning Herald 5 September 2014:

Media organisations have joined forces at a corruption inquiry to fight a suppression order over a controversial chain of emails involving a "very well known person" and a Liberal identity.

The emails, headed "Re Carbon Tax", were suppressed at the Independent Commission Against Corruption on Thursday after questions were raised about whether publishing the documents would breach parliamentary privilege.

Robert Newlinds, SC, the barrister for NSW Liberal Senator and former party president Arthur Sinodinos, wrote to the ICAC to alert the commission to the potential breach.

"The letter we wrote simply said that we were somewhat perturbed that there may be a breach by counsel assisting [Geoffrey Watson, SC] and the commission of the federal Parliamentary Privileges Act," Mr Newlinds told the hearing on Thursday afternoon.

"I don't really want to say out loud what the topic is because the private individual is a very well known person.

"I  just don't want this to get out. Can we at least have a suppression order about the debate."

The hearing was closed to the public while the matter was discussed.

On Friday, media organisations including Fairfax Media  (the publisher of The Sydney Morning Herald and The Australian Financial Review), the ABC, News Ltd and Channel 9, briefed barrister Sandy Dawson to challenge a suppression order over the emails.

Several journalists had read the emails before they were suppressed.

The emails were tendered as part of a public exhibit on Thursday morning during the ICAC's inquiry into Liberal Party fundraising.....

The risible aspect of all this, is that notoriously biased Liberal Party MP and Speaker in the House of Representatives, Bronwyn Bishop, is being asked by ICAC to rule on whether the exhibits can be made public.

Ex-News Corp journalist & Abbott propagandist Steve Lewis now a lobbyist with Newgate Communications

Steve Lewis, the former News Corp journalist who ran the ‘Abbott in Opposition’ political spin on many subjects, has joined Newgate Communications as a senior advisor. 

This company is a lobbyist at federal level for twenty-one companies – including Whitehaven Coal which has been mentioned in evidence in NSW Independent Commission Against Corruption (ICAC) Operation Jasper and Operation Spicer investigations.

Managing partner of the Australian branch of Newgate Communication is Brian Tyson who worked as a press secretary for the Greiner and Fahey NSW Coalition Governments - and states in his Linked in entry that he worked with then NSW Planning and Energy Minister Robert Webster.

Webster coincidentally is scheduled to appear at an ICAC Operation Spicer hearing today.

NSW Independent Commission Against Corruption Operation Spicer Witness List for week commencing 1 September 2014 -UPDATED

NSW ICAC Operation Spicer witness list for week commencing 1 September 2014

Monday 1 September 2014

Joe Tripodi - former NSW Labor MP for Fairfield and Minister for Ports and Waterways, in 2010 announced that he would not stand at the 2011 state election after corruption allegations made in ICAC Operation Cyrus hearings concerning his actions as minister

Ross Cadell - NSW Nationals regional co-ordinator, director at R & S Cadell Pty Ltd, manages the trading arm of family businesses including Tiny Tutus Pty Ltd, Tutu Central and P1 Race Engineering 

Kristina Keneally - former Labor MP for Heffron and former NSW Premier

Ian McNamara - chief of staff to Opposition Leader John Robertson, stood aside while Operation Spicer continues

Eric Roozendaal - former NSW Labor MLC for and NSW Treasurer, suspended from the Labor Party in 2012 during an ICAC investigation into an inducement he accepted, resigned from Parliament in 2013, now working for a Chinese development company

Tuesday 2 September 2014

Mike Fleming – former chief of staff to then NSW Labor MLC, former Minister for Lands and later Shadow Minister for Resources and Primary Production who he resigned from parliament after an ICAC investigation found that he had acted corruptly when Minister for Lands Removed from this week's list

Eric Roozendaal - former NSW Labor MLC for and NSW Treasurer, suspended from the Labor Party in 2012 during an ICAC investigation into an inducement he accepted, resigned from Parliament in 2013, now working for a Chinese development company

Chris Hartcher - former NSW Liberal Party MP for Terrigal and former NSW Resources and Energy now sitting on the cross benches as an independent MP after expulsion from the party

Bart Basset - NSW Liberal MP for Londonderry who moved to the cross bench after ICAC commissioner Megan Latham announced that new evidence had emerged to widen the inquiry's scope to examine whether Nathan Tinkler's firm Buildev tried to influence Mr Bassett

Wednesday 3 September 2014

Craig Baumann - NSW Liberal MP for Port Stephens previously mentioned in evidence given during Operation Spicer. Removed from this week’s list

Bart Basset - NSW Liberal MP for Londonderry who moved to the cross bench after ICAC commissioner Megan Latham announced that new evidence had emerged to widen the inquiry's scope to examine whether Nathan Tinkler's firm Buildev tried to influence Mr Bassett

Mark Regent - Buildev project manager on the Redbank North Richmond Joint Venture regional housing project
Matt Kelly - Newcastle Herald journalist

Gary Edwards -  NSW Liberal MP for Swansea on 14 August 2014 announced he had moved to the cross bench, after allegations during evidence that he had received an unlawful political donation

Michael Gallacher - NSW Liberal MLC who resigned as Minister for Police and Emergency Services on 2 May 2014 after being named as one of the subjects of ICAC’s Operation Spicer investigation, suspended from the Liberal Party and moved to the cross bench

Victor Yee - unknown

Mark Ryan – director of public affairs at Westfield Corporation and a director of the Lowy Institute for International Policy 

Robert Webster – Korn Ferry chairman, Brickworks Ltd independent director and former NSW Nationals planning minister

Thursday 4 September 2014

Robert Milner – chairman of Washington H Soul Pattinson & Company Limited, chairman and major shareholder in Brickworks Ltd

Lindsay Partridge – Liberal Party member, Austral Bricks managing director and CEO at Brickworks Ltd which are part-owned by Washington H Soul Pattinson & Company Limited

Lee Brinkmeyer - political donor to NSW Liberal Party, Queanbeyan property developer with Elmslea Development, possibly related to land speculator and former president of the Queanbeyan branch of the Liberal Party Alex Brinkmeyer

Mark Neeham - former State Director of the New South Wales Liberal Party, executive director polling/lobbying firm Crosby Textor

Simon McInnes - Finance Director of the New South Wales Liberal Party

Paul Nicolaou – was principal fundraiser for the New South Wales Liberal Party, former chairman of the Liberal Party fundraising associated entity Millennium Forum, former chief executive of the NSW branch of the Australian Hotels Association

Friday 5 September 2014

Philip Christensen - former Whitehaven Coal board member, heads Baker & McKenzie Brisbane law office

Natasha McLaren-Jones - Liberal Party NSW MLC since March 2011

Michael Photios - member of the NSW Liberal Party's state executive until September 2013, contracted by Australian Water Holdings in 2011 to lobby NSW O’Farrell Government

Michael Yabsley - former Liberal NSW MLC and former minister in the Greiner Government, former Honorary Federal Treasurer of Liberal Party of Australia and former member Federal Finance Committee, CEO Australia Gulf Council, founder and director of Government Relations Australia

John Pegg - member of the three-man panel appointed by NSW Premier Mike Baird to take control of the state party’s finances, property and fundraising in the wake evidence before ICAC