Recommendations for prosecutions and updates

The Commission must seek the advice of the Director of Public Prosecutions (DPP) on whether any prosecution should be commenced. The DPP determines whether any criminal charges can be laid, and conducts all prosecutions. The Commission provides information on this website in relation to the status of prosecution recommendations and outcomes as advised by the DPP. The progress of matters is generally within the hands of the DPP. Accordingly, the Commission does not directly notify persons affected of advice received from the DPP or the progress of their matters generally.

The ICAC is of the opinion that consideration should be given to obtaining the advice of the DPP with respect to prosecuting Beth Morgan, Glen Tabak, Frank Vellar, Joe Scimone, Valerio Zanotto, Kiril Jonovski, Zeki Esen, Frank Gigliotti, Ray Younan, Gerald Carroll and Lou Tasich for various criminal offences.

Status of prosecution recommendations

Briefs of evidence in relation to all 11 persons have been submitted to the DPP.

The Commission has received the following advice from the DPP in relation to the conduct of each of the 11 persons identified above:

Zeki Esen

On 14 September 2009, the DPP advised that there was insufficient evidence to prosecute Mr Esen for an offence of corruptly soliciting a benefit (Chapter 10 of the Commission's Report on an investigation into corruption allegations affecting Wollongong City Council Part 3 (the Report)). The DPP advised that there was sufficient evidence to charge Mr Esen with offences under section 82(b) and 87 of the Independent Commission Against Corruption Act 1988 (Chapter 10 of the Report).

On 2 July 2010, Mr Esen was found not guilty in the Downing Centre Local Court in relation to a charge of furnish false/misleading information in compliance with a section 21 Notice contrary to section 82(b) of the ICAC Act, and two offences of give false/misleading evidence to the ICAC contrary to section 87 of the ICAC Act.

There are no outstanding matters.

Kiril Jonovski

On 14 September 2009, the DPP advised that there was insufficient evidence to prosecute Mr Jonovski for an offence of corruptly soliciting a benefit (Chapter 10 of the Report). The DPP advised that there was sufficient evidence to charge Mr Jonovski with offences under section 82(b) and 87 of the ICAC Act (Chapter 10 of the Report).

On 2 July 2010 Mr Jonovski was found not guilty in the Downing Centre Local Court in relation to a charge of furnish false/misleading information in compliance with a section 21 Notice contrary to section 82(b) of the ICAC Act, and two offences of give false/misleading evidence to the ICAC contrary to section 87 of the ICAC Act. Costs were awarded in the last matter.

There are no outstanding matters.

Frank Gigliotti

On 14 September 2009, the DPP advised that there was insufficient evidence to prosecute Mr Gigliotti for an offence of corruptly soliciting a benefit (Chapter 10 of the Report). The DPP advised that there was sufficient evidence to charge Mr Gigliotti with offences under section 80(c), 82(b) and 87 of the ICAC Act (Chapters 10 and 11 of the Report) and offences of making a false statement in a statutory declaration under section 11 of the Statutory Declarations Act 1959 (Cth) (Chapter 12 of the Report).

On 2 July 2010 Mr Gigliotti was found not guilty in the Downing Centre Local Court in relation to a charge of give false/misleading evidence to the ICAC contrary to section 87 of the ICAC Act.  Costs were awarded in this matter. A charge of furnish false/misleading information in compliance with a section 21 Notice contrary to section 82(b) of the ICAC Act was withdrawn as were charges of making a false statement in statutory declarations.

On 5 July 2010 Mr Gigliotti was found guilty of two offences of give false/misleading evidence to the ICAC contrary to section 87 of the ICAC Act. On 29 November 2010 he was sentenced to 9 months imprisonment in relation to each offence. The sentences were to be served concurrently with a non parole period of four months.

Mr Gigliotti lodged an appeal against both sentences and was granted conditional bail. On 5 May 2011 Mr Gigliotti withdrew his appeal and the original sentences were confirmed. A further prosecution for a charge of wilfully making a false statement to the Commission contrary to section 80(c) of the ICAC Act was heard at the Downing Centre Local Court on 10 November 2010. On 29 November 2010 the Magistrate acquitted Mr Gigliotti of the charge.

On 28 September 2010 the DPP advised there was insufficient evidence to prosecute Mr Gigliotti for any offence relating to his dealings with Ray Younan and Gerald Carroll (Chapter 11 of the Report).

There are no outstanding matters.

Glen Tabak

On 11 May 2010 the DPP advised that there was sufficient evidence to charge Mr Tabak with two offences of making false statement under section 80 (c) of the ICAC Act (Chapter 3 of the Report).

On 6 July 2010 Mr Tabak was found guilty of an offence of wilfully making a false statement to the ICAC contrary to section 80(c) of the ICAC Act (a further matter was taken into account in accordance with Division 3 of the Crimes (Sentencing Procedure) Act 1999.  He was required to enter into a bond to be of good behaviour for two years pursuant to section 9 of the Crimes (Sentencing Procedure) Act 1999.  He was also fined $2,500 and ordered to pay $79 court costs (Chapter 3)

On 13 September 2010 Mr Tabak appealed against his conviction and sentence. The appeal was dismissed and the conviction and sentence upheld.

On 25 March 2010 the DPP advised there was insufficient evidence to prosecute Mr Tabak for any offence arising out of Mr Tabak giving Mr Scimone a $10,000 watch (Chapter 8 of the Report).

On 20 May 2011, the Commission received advice from the DPP that there was insufficient evidence to prosecute Mr Tabak for offences under section 249B of the Crimes Act in relation to his dealings with Ms Morgan (Chapter 3 of the Report).

There are no outstanding matters.

Lou Tasich

On 6 May 2011 the DPP advised there was insufficient evidence to prosecute Mr Tasich for any offence relating to his dealings with Ray Younan and Gerald Carroll (Chapter 11 of the Report.

There are no outstanding matters.

Frank Vellar

On 16 June 2010, 23 June 2010 and 28 September 2010 the DPP advised that there was sufficient evidence to charge Mr Vellar with four offences under section 80(c) (chapters 5, 9 and 11 of the Report) and an offence under section 88(3) of the ICAC Act (Chapter 5 of the Report).

A hearing for these offences was held at the Downing Centre Local Court on 18 and 19 July 2011. On 17 August 2011 he was found guilty of three section 80(c) offences (chapters 5 and 9) and one section 88(3) offence (Chaper 11). The remaining section 80(c) offence (Chapter 11) was dismissed.

On 26 August 2011, Mr Vellar was sentenced to a two year good behaviour bond and fined a total of $3,000 for the three section 80(c) offences. On 21 October 2011 Mr Vellar was given a 10 month custodial sentence to be served as an 'Intensive Correctional Order' in relation to the offence under section 88(3) of the ICAC Act. The 'Intensive Correctional Order' commenced on Friday 28 October 2011.

On 12 September 2012, the DPP advised that there insufficient admissible evidence to prosecute Mr Vellar for his role in aiding and abetting Ms Morgan in relation to her conduct in assessing and determining the Quattro DA (Chapter 5 of the Report).

There are no outstanding matters.

Joe Scimone

On 25 March 2010 the DPP advised there was insufficient evidence to prosecute Mr Scimone for any offence arising out of Mr Tabak giving him a $10,000 watch (Chapter 8 of the Report).

On 28 September 2010 the DPP advised there was insufficient evidence to prosecute Mr Scimone for any offence relating to his dealings with Ray Younan and Gerald Carroll (Chapter 11 of the Report).

There are no outstanding matters.

Ray Younan

On 28 September 2010 the DPP advised that there was sufficient evidence to charge Mr Younan with various offences under the ICAC Act (Chapter 11 of the Report). Following the receipt of advice from the DPP, a Court Attendance Notice was issued against Mr Younan on 28 September 2010 for an offence of impersonating an ICAC officer contrary to section 95(1) of the ICAC Act. An arrest warrant was issued on 30 September 2010.

On 6 May 2011 the DPP advised there was insufficient evidence to prosecute Mr Younan for any offence relating to his dealings with Mr Gigliotti, Ms Morgan, Mr Scimone, Mr Tasich, Mr Vellar, or Mr Zanotto (Chapter 11 of the Report).

As of 28 June 2012, DPP advice remained outstanding on whether there was sufficient evidence to prosecute Mr Younan for offences under section 87 of the ICAC Act of giving false or misleading evidence in relation to the matters canvassed in Chapter 11 of the Report. On that date, the Commission advised the DPP that the Commission will take no further action in relation to this matter. In reaching this decision, the Commission took into account, among other factors, that Mr Younan remained overseas and was unlikely to return, and there was doubtful public interest in prosecuting matters where the relevant conduct occurred so long ago, particularly where the relevant conduct has been exposed in the Commission's investigation and findings of corrupt conduct made.

There are no outstanding matters.

Gerald Carroll

On 6 May 2011 the DPP advised there was insufficient evidence to prosecute Mr Carroll for any offence relating to his dealings with Mr Gigliotti, Ms Morgan, Mr Scimone, Mr Tasich, Mr Vellar, or Mr Zanotto (Chapter 11 of the Report).

On 2 July 2012 the DPP advised there was insufficient evidence to prosecute Mr Carroll for any offence under section 87 of the ICAC Act of giving false or misleading evidence in relation to the matters canvassed in Chapter 11 of the Report.

There are no outstanding matters.

Beth Morgan

On 28 September 2010 and 20 May 2011 the DPP advised that there was insufficient evidence to prosecute Ms Morgan for any offence:

    • relating to her dealings with Ray Younan and Gerald Carroll (Chapter 11 of the Report);
    • relating to her dealings Mr Tabak and her assessment of the Victoria Square DA (Chapter 3 of the Report);
    • relating to her dealings with Mr Kollaras in connection with 14 Harbour Street (Chapter 4 of the Report);
    • relating to her receipt of gifts and benefits from Mr Vellar (Chapter 5 of the Report ); and
    • relating to her assessment of the development application relating to Lot 3 Phillips Avenue, West Wollongong and the Bather's Pavilion (Chapter 5 of the Report)

On 20 May 2011 the DPP advised that no charges are available against Ms Morgan for making a false statement to or misleading the Commission (section 80(c) of the ICAC Act), as those charges are now statute barred (Chapters 3, 4 and 5 of the Report).

On 12 September 2012, the DPP advised that there was insufficient admissible evidence to prosecute Ms Morgan in relation to her conduct is assessing and determining the Quattro DA and providing information to Mr Vellar (Chapter 5 of the Report).

There are no outstanding matters.

Valerio Zanotto

On 6 May 2011 the DPP advised there was insufficient evidence to prosecute Mr Zanotto for any offence relating to his dealings with Ray Younan and Gerald Carroll (Chapter 11 of the Report).

On 22 November 2010, the DPP advised there was insufficient evidence to prosecute Mr Zanotto for a misconduct in public office offence. There was no prosecution for any offence under section 80(c) of the ICAC Act as the time limit to charge expired (Chaper 9 of the Report).

There are no oustanding matters.

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