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

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