RECAP: The score now stands at ICAC 14 Liberal Party of Australia 0

*Updated as NSW Independent Commission against Corruption Operation Spicer continues*

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  .

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.

Mike Gallacher NSW Liberal MLC – 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.

Chris Hartcher NSW Liberal MP for Terrigal – resigned as Minister for Resources and Energy, Special Minister of State, Minister for the Central Coast on 9 December 2013, suspended from the  Liberal Party and moved to the cross bench.

Marie Ficarra NSW Liberal MLC – resigned as parliamentary secretary on 17 April 2014 after it was alleged she solicited an unlawful political donation, suspended from the Liberal Party and moved to the cross bench..

Darren Webber - NSW Liberal MP for Wyong and Member, Legislative Assembly Committee on Law and Safety - suspended from the Liberal Party of Australia (NSW) after corruption allegations, moved to the cross bench and not re-contesting his seat at the 2015 state election.

Christopher Spence - NSW MP for The Entrance, suspended from the Liberal Party of Australia (NSW) after corruption allegations, moved to the cross bench and not re-contesting his seat at the 2015 state election.

Andrew Cornwell – resigned as NSW Liberal MP for Charlestown after admitting in evidence that he had received unlawful political donations and paid his tax bill with some of that money.

Tim Owen – resigned as NSW Liberal MP for Newcastle on 12 August 2014 after admitting he had not told the truth concerning unlawful political donations when giving evidence at an ICAC Operation Spicer hearing and had met with another ICAC witness allegedly to convince that witness not to tell the truth.

Garry 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.

Jeff McCloy - Newcastle Mayor, 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.

Ian McNamara - chief of staff to Opposition Leader John Robertson  called as witness in Operation Spicer investigation and has stood aside while ICAC hearings continue.

Bart Bassett - Liberal MP for Londonderry, on 27 August 2014 it was reported by ABC News that he had 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.

Craig Bauman - NSW Liberal MP for Port Stephens and former Port Stephens mayor who announced he was stepping aside and moving to the cross bench after giving evidence during Operation Spicer hearing on 12 September 2014

The score now stands at: ICAC 14 Liberal Party of Australia 0

See Operation Credo and Operation Spicer hearing transcripts here.

The Score So Far: ICAC 9 Liberal Party of Australia 0

It is only halfway through the working week and yet more members of the Liberal Party of Australia have been forced to resign after allegations made during NSW Independent Commission Against Corruption hearings.

The tally so far:

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  .

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.

Mike Gallacher NSW Liberal MLC – 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.

Chris Hartcher NSW Liberal MP for Terrigal – resigned as Minister for Resources and Energy, Special Minister of State, Minister for the Central Coast on 9 December 2013, suspended from the  Liberal Party and moved to the cross bench.

Marie Ficarra NSW Liberal MLC – resigned as parliamentary secretary on 17 April 2014 after it was alleged she solicited an unlawful political donation, suspended from the Liberal Party and moved to the cross bench..

Darren Webber NSW Liberal MP for Wyong and Member, Legislative Assembly Committee on Law and Safety - suspended from the Liberal Party of Australia (NSW) after corruption allegations, moved to the cross bench and not re-contesting his seat at the 2015 state election.

Christopher Spence NSW MP for The Entrance - suspended from the Liberal Party of Australia (NSW) after corruption allegations, moved to the cross bench and not re-contesting his seat at the 2015 state election.

Andrew Cornwell – resigned as NSW Liberal MP for Charlestown after admitting in evidence that he had received unlawful political donations and paid his tax bill with some of that money.

Tim Owen – resigned as NSW Liberal MP for Newcastle on 12 August 2014 after admitting he had not told the truth concerning unlawful political donations when giving evidence at an ICAC Operation Spicer hearing and had met with another ICAC witness allegedly to convince that witness not to tell the truth.

See Operation Credo and Operation Spicer  hearing transcripts here.

UPDATES

After allegations during evidence given in an Operation Spicer hearing, that he had received an unlawful political donation, on 14 August 2014 Liberal MP for Swansea Garry Edwards announced he had moved to the cross bench.

On 18 August 2014 it was reported that Newcastle mayor Jeff McCloy had resigned his mayoral position due to admissions that he had made unlawful political donations to the NSW Liberal Party and, chief of staff to Opposition Leader John Robertson Ian McNamara has stood aside while ICAC hearings continue.

On 27 August 2014 it was reported by ABC News that the Liberal MP for Londonderry Bart Bassett had 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.

The score now stands at: ICAC 13 Liberal Party of Australia 0

Former O'Farrell Government Resources Minister and present Member for Terrigal, Chris Hartcher, to face ICAC corruption inquiry

Media Release

ICAC public inquiries into alleged corruption concerning MPs, Australian Water Holdings and political donations

Tuesday 18 February 2014

The NSW Independent Commission Against Corruption (ICAC) will hold a public inquiry commencing on 17 March 2014 as part of an investigation it is conducting concerning allegations of corrupt conduct involving public officials and persons with an interest in Australian Water Holdings Pty Ltd (Operation Credo).

The ICAC will also hold a public inquiry starting on 28 April 2014 into allegations that members of parliament corruptly solicited, received and concealed payments from various sources in return for favouring the interests of those responsible for the payments (Operation Spicer).

Operation Credo is examining whether between 2004 and 2012, persons with an interest in Australia Water Holdings Pty Ltd (AWH), its predecessors and its subsidiaries, obtained a financial benefit through adversely affecting official functions of Sydney Water Corporation (SWC) by inflating charges made to SWC and deliberately preventing SWC from ascertaining whether the charges were justifiable.

It is also alleged that in 2010, public officials and others were involved in falsifying a cabinet minute relating to a public private partnership proposal made by AWH, with the intention of misleading the NSW Government Budget Cabinet Committee and obtaining a benefit for AWH.

Further allegations include that in 2010, the then Hon Edward Obeid MLC, the Hon Joseph Tripodi and the Hon Anthony Kelly MLC misused their positions as members of parliament to attempt to influence public officials to exercise their official functions with respect to the AWH public private partnership proposal.

It is also alleged that on or about 20 November 2012, AWH chief executive officer Nicholas Di Girolamo and Edward Obeid Junior created a false deed of confirmation with a view to misleading the ICAC and any future investigation into whether the then Hon Edward Obeid MLC misused his position as a member of parliament to attempt to influence public officials to exercise their official functions with respect to the AWH public private partnership proposal.

The Commission will also examine the circumstances in which false corruption allegations were made against senior executives of SWC. Further, the Commission will examine the circumstances that led to the signing of the current contract between SWC and the successor to AWH.

Operation Spicer will examine whether, between April 2009 and April 2012, certain members of parliament including Christopher Hartcher, Darren Webber and Christopher Spence, along with others including Timothy Koelma and Raymond Carter, corruptly solicited, received, and concealed payments from various sources in return for certain members of parliament favouring the interests of those responsible for the payments.

The Commission is also examining whether, between December 2010 and November 2011, certain members of parliament, including those mentioned above, and others, including Raymond Carter, solicited, received and failed to disclose political donations from companies, including prohibited donors, contrary to the Election Funding, Expenditure and Disclosures Act 1981.

Further allegations include whether Eightbyfive, a business operated by Mr Koelma, and AWH, through its chief executive officer, Mr Di Girolamo, entered into an agreement whereby AWH made regular payments to Eightbyfive, purportedly for the provision of media, public relations and other services and advice, in return for which Mr Hartcher favoured the interests of AWH.

As it relates to Operation Spicer, the Commission is also examining the circumstances in which false allegations of corruption were made against senior executives of SWC (see also Operation Credo).

The ICAC will hold a directions hearing in both Operations Credo and Spicer on Wednesday 5 March 2014, commencing at 3 pm.

The directions hearing and the public inquiries will be held in the Commission's hearing room on Level 7, 133 Castlereagh Street, Sydney. The Operation Credo public inquiry is expected to run for two- to three weeks, and the Operation Spicer public inquiry is expected to take at least four weeks.

Commissioner the Hon Megan Latham will preside at the directions hearing and the public inquiries. Counsel Assisting the Commission will be Mr Geoffrey Watson SC and Mr Greg O'Mahoney.

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

 Note: The yellow highlighting is mine

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 ICAC Operation Spicer Week Two - running sheet and witness list outline

To date one NSW Premier has resigned, one NSW minister has resigned and been suspended from the Liberal Party, one NSW Minister has resigned, one NSW Liberal MLC has resigned from a parliamentary position and stood aside, two NSW MPs been suspended from the Liberal Party and one Liberal federal senator has stood aside, as a result of the Independent Commission Against Corruption (ICAC) Operation Credo and Operation Spicer investigations.

They are:

Barry O’Farrell - MP for Kur-ing-gai, former NSW Premier & Minister for Western Sydney until his resignation on 17 April 2014

Chris Hartcher - NSW MP for Terrigal, Minister for Resources and Energy, Minister for the Central Coast & Special Minister of State until 9 December 2013 and now suspended from the Liberal Party of Australia (NSW)

Mike Gallacher – NSW MLC and, NSW Minister for Police and Emergency Services until his resignation on 2 May 2014

Marie Ficarra - Member of the NSW Legislative Council and, a former parliamentary secretary until 17 April 2014

Darren Webber – MP for Wyong now suspended from the Liberal Party of Australia (NSW)

Christopher Spence – MP for The Entrance now suspended from the Liberal Party of Australia (NSW)

Arthur Sinodinis - Federal Senator for NSW and Assistant Treasurer in the Abbott Government (not fulfilling assistant treasurer duties for the duration of the investigations)

Operation Spicer enters its second week today.

Operation Spicer is an investigation into:…whether, between April 2009 and April 2012, certain members of parliament including Christopher Hartcher, Darren Webber and Christopher Spence, along with others including Timothy Koelma and Raymond Carter, corruptly solicited, received, and concealed payments from various sources in return for certain members of parliament favouring the interests of those responsible for the payments.

The Commission is also examining whether, between December 2010 and November 2011, certain members of parliament, including those mentioned above, and others, including Raymond Carter, solicited, received and failed to disclose political donations from companies, including prohibited donors, contrary to the Election Funding, Expenditure and Disclosures Act 1981.

Further allegations include whether Eightbyfive, a business operated by Mr Koelma entered into agreements with each of a series of entities including Australian Water Holdings Pty Ltd (AWH), whereby each entity made regular payments to Eightbyfive, purportedly for the provision of media, public relations and other services and advice, in return for which Mr Hartcher favoured the interests of the respective entity.

The ICAC is also investigating the circumstances in which false allegations of corruption were made against senior SWC executives….

NSW ICAC Operation Spicer Witness List For Week Two:

Darren Williams - development manager at the Buildev Group and a sponsor of the Sydney-based Liberal Party associated entity The Millennium Forum in 2008

Troy Palmer - chief executive of Hunter Sports Group, Chief Financial Officer of Patinack and a Buildev Group director

David Sharpe - one of the co-owners of Buildev

Nabil Gazal – Gazcorp director Sydney property developer

Nicholas Gazal – Gazcorp director Sydney property developer

Eric Koelma – brother to Tim Koelma creator of the ‘slush fund’ corporation, Eightbyfive

Grahame Young - CEO of Tesrol property group

Gary Bonaccorso – Sydney property developer
Doug Sneddon - planning consultant

Anthony Bandle – trustee of Liberal and National Parties’ Canberra-based associated entity Free Enterprise Foundation 

John Abel – NSW Liberal Party member and factional identity within the party
Tony Merhi - property developer and alleged Liberal Party donor
Marie Ficarra - Member of the NSW Legislative Council and, a former parliamentary secretary until 17 April 2014
Peter McConnell - former chief of staff to former NSW Premier Barry O'Farrell

Nick Di Girolamo - Liberal Party fundraiser, managing partner at Colin Biggers & Paisley until February 2007 after which he joined Australian Water Holdings as CEO and shareholder

Removed from Week Two List:

Paul Nicolaou - principal fundraiser for the New South Wales Liberal Party and former chairman of the fundraising associated entity Millennium Forum

Arthur Sinodinos – Federal Liberal Party Senator for New South Wales and Assistant Treasurer (not performing the duties of an assistant treasurer for the duration of the investigations)

Mark Neeham - former State Director of the New South Wales Liberal Party

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

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

NSW Independent Commission Against Corruption (ICAC) OPERATION SPICER witness list for week commencing 25 August 2014 - cheat sheet (updated)

NSW ICAC OPERATION SPICER witness list for week commencing 25 August 2014

Monday 25 August 2014

Ann Wills - director at Wills Communications, former staffer for then Minister for Defence Personnel Greg Combet, former staffer for then NSW Treasurer & Minister for the Hunter Michael Costa, did work for Buildev and took part in the Stop Jodi's Trucks pamphlet campaign

David Sharpe - former co-owner and executive at BuildDev property developer

Tuesday 26 August 2014

John Hart - chairman of the North Sydney Forum, a fund-raising entity attached to the Liberal Party federal electoral conference in Australian Treasurer Hockey's seat of North Sydney and, CEO of Restaurant and Catering Australia, the national lobby group for the hospitality industry Removed from witness list for second week in a row

David Sharpe - former co-owner and executive at BuildDev property developer

Warwick Watkins – former CEO of NSW Land and Property Management Authority and current director of consultancy business WW & Associates Pty Ltd Removed from witness list this week

Wednesday 27 August 2014

Darren Williams - development manager at the Buildev Group and a sponsor of the Sydney-based Liberal Party associated entity The Millennium Forum in 2008

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  Removed from witness list this week

Thursday 28 August 2014

Darren Williams - development manager at the Buildev Group and a sponsor of the Sydney-based Liberal Party associated entity The Millennium Forum in 2008

The following removed from this  week's witness 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 Chinese development company
Ian McNamara - chief of staff to Opposition Leader John Robertson, stood aside while Operation Spicer continues

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

Craig Baumann – NSW Liberal MP for Port Stephens

Friday 29 August 2014

Darren Williams - development manager at the Buildev Group and a sponsor of the Sydney-based Liberal Party associated entity The Millennium Forum in 2008
David Simmons - former Federal Labor MP for Calare, current director of David Simmons Corporate Communications which lists the Buildev Group as a client
Nathan Tinkler - part-owner of Buildev Pty Limited, former Patinack Farm horse stud owner and mining magnate
Tony Kelly - former NSW Labor MLC, former Minister for Lands and later Shadow Minister for Resources and Primary Production, he resigned from parliament after an ICAC investigation found that he had acted corruptly when Minister for Lands
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
The following removed from this  week's witness list:

Garry Edwards - NSW Liberal MP for Swansea, moved to the cross bench after allegations during evidence given in an Operation Spicer hearing, that he had received an unlawful political donation 

Mark Regent – Buildev project manager on the Redbank North Richmond Joint Venture regional housing project

Bart Bassett - NSW Liberal MP for Londonderry

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