Findings of corrupt conduct

The ICAC found that Gilbert (Laurie) Brown engaged in serious corrupt conduct by, in 2010, misusing his public office through his involvement in the preparation and submission of a minute (the Kelly Cabinet minute) to the Cabinet Standing Committee on the Budget (the Budget Committee of Cabinet) with the intention of improperly favouring Edward Obeid Sr by enabling Australian Water Holdings (AWH) Pty Ltd to proceed to direct negotiation with the NSW Government concerning its public private partnership (PPP) proposal for the purchase, supply and operation of water infrastructure in the North West Growth Centre.

Anthony Kelly engaged in serious corrupt conduct by, in 2010, misusing his office as a minister of the Crown by arranging for the preparation and submission of a minute to the Budget Committee of Cabinet with the intention of improperly favouring Edward Obeid Sr by enabling AWH to proceed to direct negotiation with the NSW Government concerning its PPP proposal for the purchase, supply and operation of water infrastructure in the North West Growth Centre.

Edward Obeid Sr engaged in serious corrupt conduct by: between late 2007 and 2010, misusing his position as a member of Parliament 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; in 2010, misusing his position as member of Parliament to influence Mr Kelly, Mr Brown and Joseph 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.

Mr Tripodi engaged in serious corrupt conduct by, in 2010, misusing his position as a member of Parliament to prepare a draft Cabinet minute with the intention that it would be used by Mr Brown and Mr Kelly as the basis for a minute to be submitted by Mr Kelly the Cabinet Standing Committee on the Budget with the intention of improperly favouring Edward Obeid Sr by enabling AWH to proceed to direct negotiation with the NSW Government concerning its PPP proposal for the purchase, supply and operation of water infrastructure in the North West Growth Centre.