Western Sydney Regional Illegal Dumping Squad – allegations concerning former Western Sydney Regional Illegal Dumping Squad (RIDS) officer (Operation Scania)

Year: 2017 Status: Completed

The ICAC investigated allegations that a former Western Sydney Regional Illegal Dumping Squad (WS RIDS) enforcement officer, Craig Izzard, exercised his public official functions partially and dishonestly by receiving corrupt payments to ignore illegal dumping in areas under his supervision, or to impede investigations by other WS RIDS officers.

In its report on the investigation, made public on 21 June 2017, the Commission makes findings of serious corrupt conduct against Mr Izzard, Nosir Kabite and Ibrahim Beydoun.

The ICAC is of the opinion that the advice of the Director of Public Prosecutions should be obtained with respect to the prosecution of Mr Izzard, Mr Kabite and Mr Beydoun for various offences.

The Commission has made 15 corruption prevention recommendations to improve the regulatory response and to address other issues and concerns raised in this investigation.

Findings of corrupt conduct

The Commission found that Craig Izzard engaged in corrupt conduct by:

  • from 2015, being party to an agreement whereby Ibrahim Beydoun paid $10,000 to Nosir Kabite, which Mr Kabite agreed to share with Mr Izzard, in return for which Mr Izzard improperly exercised his official functions to:

       - intimidate Raed Ykmour into departing from 30 Bellfield Avenue, Rossmore, in order to assist Mr Beydoun to relocate his business to that property

       - assist Mr Beydoun to avoid detection for the illegal operation of his skip bin business at 30 Bellfield Avenue, Rossmore

       - assist Mr Beydoun with respect to the DA for the operation of his skip bin business at 30 Bellfield Avenue, Rossmore
     
  • between September 2015 and March 2016, agreeing to receive from Mr Kabite cash payments, and receiving at least two mobile telephones, firewood and free removal of rubbish, as a reward for assisting Mr Kabite by improperly exercising his official functions by deliberately failing to investigate the unlawful waste disposal activities and not enforcing waste disposal laws in relation to Mr Kabite’s operations at Bandon Road Vineyard.

The Commission found that Nosir Kabite engaged in serious corrupt conduct by:

  • from 2015, being a party to an agreement whereby he received $10,000 from Mr Beydoun, which he agreed to share with Mr Izzard, in return for Mr Izzard improperly exercising his official functions to:

       - intimidate the tenant at 30 Bellfield Avenue, Rossmore, to vacate those premises in order to assist Mr Beydoun to relocate his business to that property

       - assist Mr Beydoun to avoid detection for the illegal operation of his skip bin business at 30 Bellfield Avenue, Rossmore

       - assist Mr Beydoun with respect to the DA for the operation of his skip bin business at 30 Bellfield Avenue, Rossmore
     
  • between September 2015 and March 2016, giving Mr Izzard money, at least two mobile telephones, firewood and not charging him for the removal of rubbish for the purpose of influencing Mr Izzard to improperly exercise his public official functions so as not to enforce waste disposal laws with respect to Mr Kabite’s operations at Bandon Road Yard.

The Commission found that Ibrahim Beydoun engaged in serious corrupt conduct by:

  • from 2015, being a party to an agreement whereby he paid $10,000 to Mr Kabite with the intention that Mr Kabite would share that money with a Liverpool City Council officer in return for that officer improperly exercising his official functions to:

       - intimidate the tenant at 30 Bellfield Avenue, Rossmore, to vacate those premises in order to assist Mr Beydoun to relocate his business to that property

       - assist Mr Beydoun to avoid detection for the illegal operation of his skip bin business at 30 Bellfield Avenue, Rossmore

       - assist Mr Beydoun with respect to the DA for the operation of his skip bin business at 30 Bellfield Avenue, Rossmore

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 Craig Izzard for:

  • an offence pursuant to section 249B(1)(a) of the Crimes Act 1900 in relation to agreeing to receive a share of $10,000 for improperly exercising his official functions
  • an offence pursuant to section 249B(1)(a) of the Crimes Act and for the common law offence of misconduct in public office for agreeing to receive cash payments and other gifts as a reward for improperly exercising his official functions by failing to investigate and not enforcing waste disposal laws in relation to operations at Bandon Road Yard, Vineyard.

The Commission is of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Nosir Kabite for:

  • an offence pursuant to section 249B(2)(a) of the Crimes Act in relation to offering a corrupt reward to Mr Izzard for Mr Izzard to misuse his official functions to improperly assist Mr Beydoun
  • an offence pursuant to section 249B(2)(a) of the Crimes Act and an offence of aiding and abetting an offence of misconduct in public office for paying money and providing other benefits to Mr Izzard for the purpose of influencing him to improperly exercise his official functions so as not to enforce waste disposal laws in relation to Mr Kabite’s operations at Bandon Road Yard, Vineyard.

The Commission is of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Ibrahim Beydoun for an offence pursuant to section 249B(2)(a) of the Crimes Act in relation to paying a corrupt reward of $10,000 in the anticipation that a public official would misuse their official functions.

Updates

Briefs of evidence were provided to the DPP on 8 September 2017.

On 18 October 2018, the DPP advised that there is sufficient evidence to charge Craig Izzard with two counts of misconduct in public office, Nosir Kabite with one count of accessory before the fact to misconduct in public office and one count of aiding and abetting misconduct in public office, and Ibrahim Beydoun with one count of aiding and abetting misconduct in public office.

Charges have been filed in all matters.

On 5 June 2019, Mr Beydoun was also charged with an offence of give corrupt commission pursuant to section 249B of the Crimes Act. On 18 July 2019, Mr Beydoun  pleaded guilty. On 5 September 2019, Mr Beydoun was sentenced to an Intensive Corrections Order for a period of 13 months with 300 hours community service.

On 16 August 2019, Mr Izzard was also charged with an offence of corruptly receive commission pursuant to s 249B of the Crimes Act. Mr Izzard’s matter has been adjourned for mention to 20 September 2019.

Mr Kabite’s matter has been adjourned for mention to 10 October 2019.

Recommendations for disciplinary action

Craig Izzard has resigned from his position at the Western Sydney Regional Illegal Dumping Squad. As such, is it is not necessary to consider any recommendation in relation to disciplinary or dismissal action.

Recommendations for corruption prevention

The Commission has made the following 15 corruption prevention recommendations to improve the regulatory response and to address other issues and concerns raised in this investigation.

Recommendation 1

That the Western Sydney Regional Illegal Dumping Squad (WS RIDS) Management Committee restructures reporting arrangements within the WS RIDS to ensure that field officers report to a single manager who is responsible for overseeing their actions and approving key enforcement decisions.

Recommendation 2

That the WS RIDS Management Committee ensures field officers are rotated between member councils on a periodic basis to avoid the building of inappropriate relationships with members of the community.

Recommendation 3

That the Environment Protection Authority (EPA) strengthens its involvement in the WS RIDS Management Committee to ensure it properly directs and oversees the WS RIDS’s strategic and operational performance.

Recommendation 4

That the EPA strengthens the WS RIDS’s Funding Agreement to include additional specifications consistent with regulatory good practice, such as evaluating regulatory performance against strategic outcomes.

Recommendation 5

That the EPA strengthens and mandates the technical training of WS RIDS officers to ensure that all officers carry out compliant and effective regulatory activity.

Recommendation 6

That the EPA, in partnership with the host council, reviews WS RIDS position descriptions to ensure they reflect the skills and personal attributes necessary to be an effective RIDS manager or field officer.

Recommendation 7

That the EPA develops a case management system to be used by all RIDSs that will also support compliant processes, allow in-built approval levels for key decisions and provide metrics to improve oversight of the WS RIDS.

Recommendation 8

That the EPA works with relevant stakeholders to develop a scheme whereby sites where asbestos is present can be certified and information provided to the relevant local council for inclusion in a register of such sites.

Recommendation 9

That the EPA works with relevant government agencies to explore ways to improve and link DA processes and conditions of consent relating to the handling, transport and disposal of waste from construction and demolition sites.

Recommendation 10

That the EPA explores ways to reduce tipping fees for those who dump asbestos loads at licensed landfills.

Recommendation 11

That the EPA strengthens its regulatory response to illegal dumping by developing a suite of approaches to incentivise proper asbestos waste disposal.

Recommendation 12

That the EPA develops clear guidelines to ensure that confusion regarding the application of waste disposal laws is eliminated.

Recommendation 13

That the NSW Government considers enacting a specific and serious standalone offence for the disposal of asbestos waste.

Recommendation 14

That the NSW Government gives consideration to the establishment of a single coordinating authority, with appropriate regulatory powers and funding, that has statutory responsibility for overseeing all asbestos waste matters in NSW.

Recommendation 15

That Heads of Asbestos Coordination Authorities (HACA) continues to act as an executive committee to any newly-created coordinating authority.

Response to ICAC recommendations

The action plans posted below have been provided by the Environmental Protection Authority, NSW Government and Penrith City Council in response to the ICAC's corruption prevention recommendations. Their publication here is to show the status of the responses. It does not constitute approval or endorsement by the Commission.

Action plan - 12 month progress report - Environment Protection Authority (EPA)

Action plan - Environmental Protection Authority (EPA)

Action plan - NSW Government

Action plan - Penrith City Council

Media Releases
Witness 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.

Filename File Size KB Date pp. Time
22-08-2016 Operation SCANIA transcript pp. 00044-00079 from 2.00pm to 4.05pm.pdf 151 22/08/16 00044-00079 2.00pm to 4.05pm
13-09-2016 Operation Scania transcript pp. 001059-01096 from 2.00pm to 3.58pm.pdf 146 13/09/16 001059-01096 2.00pm to 3.58pm
05-09-2016 Operation SCANIA transcript pp. 00697-00734 from 10.00am to 1.20pm.pdf 139 05/09/16 00697-00734 10.00am to 1.20pm
22-08-2016 Operation SCANIA transcript pp. 00001-00043 from 10.00am to 1.01pm.pdf 177 22/08/16 00001-00043 10.00am to 1.01pm
24-08-2016 Operation SCANIA transcript pp. 00080-00131 from 10.05am to 1.00pm.pdf 205 24/08/16 00080-00131 10.05am to 1.00pm
24-08-2016 Operation SCANIA transcript pp. 00132-00175 from 2.00pm to 3.56pm.pdf 171 24/08/16 00132-00175 2.00pm to 3.56pm
25-08-2016 Operation SCANIA transcript pp. 00176-00230 from 10.05am to 12.59pm.pdf 214 25/08/16 00176-00230 10.05am to 12.59pm
25-08-2016 Operation SCANIA transcript pp. 00231-00277 from 2.00pm to 4.01pm.pdf 171 25/08/16 00231-00277 2.00pm to 4.01pm
26-08-2016 Operation SCANIA transcript pp. 00278-00330 from 10.00am to 12.59pm.pdf 199 26/08/16 00278-00330 10.00am to 12.59pm
26-08-2016 Operation SCANIA transcript pp. 00331-00375 from 2.05pm to 4.05pm.pdf 169 26/08/16 00331-00375 2.05pm to 4.05pm
29-08-2016 Operation SCANIA transcript pp. 00376-00429 from 10.00am to 1.01pm.pdf 202 29/08/16 00376-00429 10.00am to 1.01pm
29-08-2016 Operation SCANIA transcript pp. 00430-00451 from 2.00pm to 3.16pm.pdf 86 29/08/16 00430-00451 2.00pm to 3.16pm
30-08-2016 Operation SCANIA transcript pp. 00452-00499 from 2.05pm to 4.08pm.pdf 175 30/08/16 00452-00499 2.05pm to 4.08pm
31-08-2016 Operation SCANIA transcript pp. 00500-00541 from 10.05am to 12.50pm.pdf 161 31/08/16 00500-00541 10.05am to 12.50pm
31-08-2016 Operation SCANIA transcript pp. 00542-00559 from 2.00pm to 2.57pm.pdf 70 31/08/16 00542-00559 2.00pm to 2.57pm
01-09-2016 Operation SCANIA transcript pp. 00560-00583 from 10.00am to 10.49am.pdf 89 01/09/16 00560-00583 10.00am to 10.49am
01-09-2016 Operation SCANIA transcript pp. 00584-00628 from 1.00pm to 4.07pm.pdf 178 01/09/16 00584-00628 1.00pm to 4.07pm
02-09-2016 Operation SCANIA transcript pp. 00629-00667 from 10.05am to 1.02pm.pdf 145 02/09/16 00629-00667 10.05am to 1.02pm
02-09-2016 Operation SCANIA transcript pp. 00668-00696 from 2.00pm to 4.16pm.pdf 109 02/09/16 00668-00696 2.00pm to 4.16pm
06-09-2016 Operation SCANIA transcript pp. 00735-00782 from 10.00am to 1.01pm.pdf 175 06/09/16 00735-00782 10.00am to 1.01pm
06-09-2016 Operation SCANIA transcript pp. 00783-00814 from 2.00pm to 4.03pm.pdf 121 06/09/16 00783-00814 2.00pm to 4.03pm
07-09-2016 Operation SCANIA transcript pp. 00815-00847 from 2.05pm to 4.04pm.pdf 124 07/09/16 00815-00847 2.05pm to 4.04pm
08-09-2016 Operation Scania transcript pp. 00848-00885 from 10.10am to 1.00pm.pdf 140 08/09/16 00848-00885 10.10am to 1.00pm
08-09-2016 Operation Scania transcript pp. 00886-00924 from 2.00pm to 4.05pm.pdf 142 08/09/16 00886-00924 2.00pm to 4.05pm
09-09-2016 Operation Scania transcript pp. 00925-00969 from 10.00am to 1.03pm.pdf 155 09/09/16 00925-00969 10.00am to 1.03pm
09-09-2016 Operation Scania transcript pp. 00970-00988 from 2.00pm to 3.02pm.pdf 69 09/09/16 00970-00988 2.00pm to 3.02pm
12-09-2016 Operation Scania transcript pp. 00989-01027 from 10.00am to 1.01pm.pdf 152 12/09/16 00989-01027 10.00am to 1.01pm
12-09-2016 Operation Scania transcript pp. 01028-01058 from 2.00pm to 4.19pm.pdf 121 12/09/16 01028-01058 2.00pm to 4.19pm
Exhibits

Scania Exhibit List (PDF)

Download exhibits associated with this investigation below.

Public notices