Warringah Council - attempts to improperly influence building inspection approval (Operation Bauer)

Year: 2009 Status: Completed

The ICAC investigated allegations that business owners Jin Hua Chen and Yu Ling Sun had engaged in corrupt conduct by offering cash payments to two Warringah Council employees in order to facilitate council building inspection approval of their business premises.

The ICAC's report on this investigation, made public on 30 June 2009, made corrupt conduct findings against Jin Hua Chen and Yu Ling Sun.

The ICAC stated its opinion that consideration should be given to obtaining the advice of the Director of Public Prosecutions with respect to the prosecution of Mr Chen and Ms Sun for offences of corruptly offering an inducement contrary to section 249B(2) of the Crimes Act 1900 (NSW).


Findings of corrupt conduct

The ICAC has made corrupt conduct findings against Jin Hua Chen and Yu Ling Sun. There are no findings of corrupt conduct against the officers, both of whom the report says acted with utmost propriety at all times.

Recommendations for prosecutions

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 Commission is of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Mr Chen and Ms Sun for offences of corruptly offering an inducement contrary to section 249B(2) of the Crimes Act 1900 (NSW).

Outcomes of prosecution

Jin Hua Chen: On 16 March 2010 convicted of three counts of offering a corrupt inducement under section 249B(2)(a)(ii) of the Crimes Act 1900 (NSW) and fined $1,000 for each offence being a total fine of $3,000.

Yu Ling Sun: On 16 March 2010 convicted of two counts of offering a corrupt inducement under section 249B(2)(a)(ii) of the Crimes Act 1900 (NSW) and fined $1,000 for each offence being a total fine of $2,000.

Recommendations for disciplinary action

There are no recommendations for disciplinary action.

Recommendations for corruption prevention

There are no corruption prevention recommendations in this report.


Media Releases Witness

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Download the Witness List (PDF)

Transcripts

View all transcripts associated with this investigation. The Commission makes every effort to post the daily transcripts of its public inquiries on its website by 8:00 pm each day when possible. If the Commission sits later than 4:00 pm, the daily transcripts, particularly the afternoon session, may not be available until the next working day.

 

Exhibits Public notices

ICAC continues public inquiry into lobbying

The ICAC's public inquiry into the regulation of lobbying, access and influence in NSW (Operation Eclipse) will continue next Monday, 21 October 2019 at 9:30 am.

MEDIA ALERT: Operation Ember public inquiry into allegations concerning RMS employees continues 15 October

The NSW Independent Commission Against Corruption’s (ICAC) Operation Ember public inquiry will continue from Tuesday, 15 October 2019, from 9:30 am.

MEDIA ALERT: Public inquiry into allegations concerning political donations starts Monday

The NSW Independent Commission Against Corruption’s (ICAC) public inquiry into allegations concerning political donations, the NSW Branch of the Australian Labor Party (ALP), members of Chinese Friends of Labor and others will start next Monday, 26 August 2019 at 10:00 am.

MEDIA ALERT: ICAC public inquiry into lobbying starts Monday

The ICAC's public inquiry into the regulation of lobbying, access and influence in NSW (Operation Eclipse) will start next Monday, 5 August 2019 at 10:00 am.

Public inquiry into allegations concerning political donations

The ICAC will hold a public inquiry starting Monday 26 August 2019 as part of an investigation it is conducting into allegations concerning political donations, the NSW Branch of the Australian Labor Party (ALP), members of Chinese Friends of Labor and others.

MEDIA ALERT: Operation Ember public inquiry continues Thursday 1 August

The ICAC's Operation Ember public inquiry will continue this Thursday, 1 August 2019, from 9:30 am.

New ICAC public inquiry into lobbying to start 5 August

The ICAC will hold a public inquiry commencing on Monday 5 August 2019 as part of a new investigation it is conducting into the regulation of lobbying, access and influence in NSW (Operation Eclipse).

MEDIA ALERT: ICAC Operation Skyline public inquiry to resume Wednesday 17 July 2019

The ICAC Operation Skyline public inquiry into allegations concerning the Awabakal Local Aboriginal Land Council will resume tomorrow, Wednesday 17 July 2019, at 10:00 am.

MEDIA ALERT: Operation Ember public inquiry continues Friday 21 June

The NSW Independent Commission Against Corruption’s (ICAC) Operation Ember public inquiry will continue on Friday 21 June 2019 from 9:00 am.

ICAC finds former prison general manager and officers corrupt

The NSW Independent Commission Against Corruption (ICAC) has found that the former general manager/governor of Lithgow Correctional Centre (LCC) and five Corrective Services NSW (CSNSW) officers engaged in serious corrupt conduct in relation to the use of excessive force on an inmate and the associated cover-up of the incident.