ICAC to send briefs to prosecutors

Even though corruption findings have been made against former Labor powerbrokers, prosecutors will have a hard time trying to convict them.

While NSW's corruption watchdog has made corruption findings against a string of powerful and influential individuals including former state MPs, convicting them could prove difficult.

After months of sensational hearings, the watchdog has referred former Labor mining minister Ian Macdonald, party powerbroker Eddie Obeid, his son Moses and others for possible criminal charges.

But a legal expert says the Director of Public Prosecutions (DPP) could have a tough time gathering enough evidence to convict after a corruption inquiry.

The Independent Commission Against Corruption (ICAC) on Wednesday recommended charges be laid against the two former MPs, accused murderer Ron Medich, businessmen including Travers Duncan and John McGuigan as well as members of the Obeid family.

Most have already flagged their intention to fight the allegations.

Eddie Obeid and Mr Macdonald say they may seek a judicial review of the findings - which means the matter could be heard by a Supreme Court judge.

ICAC will now prepare briefs of evidence for the office of the DPP, whose solicitors will decide whether there is admissible evidence available - a process that could take months.

They'll then advise on possible charges and whether there's enough admissible evidence to prove them.

The catch is that much of the evidence in ICAC hearings is given under objection, meaning any admissions of corruption by a witness can't be used against that witness in criminal proceedings.

"It's meant to get really direct, honest answers out of witnesses," Law Society NSW President John Dobson told AAP.

"In some respects it makes the cause of the DPP harder."

Any criminal investigation that sought to rely on information volunteered under objection to ICAC would only be possible if that information could be found outside the hearing room, Mr Dobson said.

"You'd have to really establish that it was really independent from what's been given, and even then you'd be pushing the envelope," he said.

Perjury charges, by contrast, can rely on evidence given to ICAC under objection - making it possible that the more honest a witness is on the stand, the less material the DDP can later use against him.


Share

2 min read

Published

Updated

Source: AAP


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world