Findings of corrupt conduct
The Commission found that Christopher Binos engaged in corrupt conduct by soliciting and receiving money from applicants for heavy vehicle driver licences in return for exercising his public official functions as a Roads and Maritime Services- (RMS) accredited heavy vehicle assessor to make false entries in their learner's log books to the effect that he had assessed them as competent to drive heavy vehicles, in accordance with RMS requirements, in order for them to apply to the RMS for heavy vehicle driver licences.
The Commission found that Alexander Daubney, Mark McDonagh, Peter Friend-Ngui, Shane Florio and Jacqueline Riley each engaged in corrupt conduct by paying money to Mr Binos as an inducement or reward on account of him exercising his public official functions as an RMS-accredited heavy vehicle competency assessor to make false entries in their learner's log books to the effect that he had assessed them as competent, in accordance with RMS requirements, in order for them to apply to the RMS for heavy vehicle driver licences.
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 ICAC was of the opinion that the advice of the DPP should be obtained with respect to the prosecution of Christopher Binos for offences under section 249B(1) of the Crimes Act 1900 of corruptly soliciting or receiving a benefit and to the prosecution of Alexander Daubney, Mark McDonagh, Shane Florio, Peter Friend-Ngui and Jacqueline Riley for offences under section 249B(2) of the Crimes Act of corruptly giving a benefit to Mr Binos.
A brief of evidence was provided to the DPP.
On 13 October 2014, the DPP advised the Commission that there is sufficient evidence to charge Christopher Binos for offences under section 249B(1) of the Crimes Act for corruptly receiving a benefit from Shane Florio, Jacqueline Riley and Mark McDonagh; and for corruptly soliciting a benefit from Simon Hay.
On 19 February 2016, Mr Binos pleaded guilty in the Sydney District Court. He was sentenced to two years imprisonment to be served by way of an intensive correction order.
The DPP further advised that there is insufficient evidence to proceed with charges against Jacqueline Riley, Shane Florio, Mark McDonagh, Peter Friend-Ngui and Alexander Daubney.
The DPP's advice has been accepted by the Commission.
Recommendations for disciplinary action
There are no recommendations for disciplinary action. Roads and Maritime Services suspended Christopher Binos from conducting heavy vehicle competency-based assessments in April 2013. On 26 June 2013, the RMS cancelled Mr Binos' driving instructor licence.
Recommendations for corruption prevention
The Commission has made one recommendation to the RMS to address what it considers to be a weakness in the new heavy vehicle competency-based assessments (HVCBA) system.
That the RMS requires registered training organisations to implement in-cabin video camera and GPS technology solutions to record and monitor HVCBA final competency assessments completed by assessors for the issue of heavy vehicle driver licences, and that the RMS implements systems, processes and business rules to own, collect, review and archive the recordings, including utilising the recordings to enhance the auditing of the HVCBA scheme.
The implementation plan posted below has been provided by the Roads and Maritime Services in response to the ICAC's corruption prevention recommendations. Its appearance here is for information only and does not constitute the approval or endorsement of the plan by the Commission.
12 month progress report
The 12 month progress report posted below by NSW Roads and Maritime Services has been provided in response to the ICAC's corruption prevention recommendations. Its appearance here is for information only and does not constitute the approval or endorsement of the report by the Commission.
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.