Canterbury-Bankstown Council – allegations concerning conduct of former employee, contractor and others (Operation Mantis)

Findings of corrupt conduct

The ICAC has found that Benjamin Webb engaged in corrupt conduct by, between 1 January 2021 and 9 December 2022:

• misusing his public official functions as Canterbury-Bankstown Council’s (Council) manager of works and projects to facilitate the engagement of contingent workers through PMLV Invest and Const Pty Ltd (PMLV), a company run by his friend, Mr Cossu, by approving their engagement and/or determining to add more workers to Council’s Works and Projects Unit, in return for which he received approximately $208,000 during the period that he worked at Council
• in breach of the Council Code of Conduct, submitting false or misleading written returns of interest in which he failed to disclose: the receipt of benefits from Mr Cossu and PMLV; his bankruptcy status and associated debts; the receipt of a gift or benefit under clause 6 of the Code of Conduct.

  The ICAC has found that Pietro Cossu engaged in corrupt conduct by:

• between about 1 January 2021 and 20 December 2022, by arrangement with Mr Webb, supplying contingent workers to Council through his company PMLV, in return for which Mr Webb misused his public official functions as Council’s manager of works and projects to engage and retain PMLV candidates at Council. Mr Cossu gave Mr Webb approximately $208,000
• between mid-2020 and late 2022, misusing his public official functions by assisting Mr Clarke and his company, General Works and Construction Pty Ltd (GWAC), to win Council projects and maximise his financial gain from the projects (including through variations), by utilising the information and opportunities available to Mr Cossu through his position at Council. Mr Cossu did so for the purpose of improperly benefitting himself and his company, PMLV, which received over $2 million from GWAC.

The ICAC has found that Jeremy Clarke engaged in corrupt conduct by:

• between mid-2020 and late 2022, rewarding Mr Cossu for assisting Mr Clarke and his company, GWAC, to win Council projects and maximise GWAC’s financial gain from the projects (including through variations). Mr Cossu did so by utilising the information and opportunities available to him through his position at Council. In return, Mr Clarke paid Mr Cossu’s company, PMLV, over $2 million.

 

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:

• Benjamin Webb for corruptly receiving financial benefits from Pietro Cossu or his company, PMLV Invest and Const Pty Ltd (PMLV), in relation to Council engaging PMLV candidates contrary to section 249B(1) of the Crimes Act 1900.
• Pietro Cossu for corruptly giving financial benefits to Mr Webb, an agent of Council, in relation to Council engaging PMLV candidates contrary to section 249B(2) of the Crimes Act; and corruptly receiving financial benefits from Jeremy Clarke or his company, General Works and Construction Pty Ltd (GWAC), contrary to section 249B(1) of the Crimes Act.
• Jeremy Clarke for corruptly giving financial benefits to Mr Cossu, an agent of Council, in relation to GWAC being awarded projects at Council, contrary to section 249(B)(2) of the Crimes Act.

 

Recommendations for disciplinary action

As neither Benjamin Webb nor Pietro Cossu are currently employed by or contracted to Canterbury-Bankstown Council, the question of whether consideration should be given to the taking of action against them for a disciplinary offence, or the taking of action with a view to their dismissal, does not arise.

 

Recommendations for corruption prevention

The ICAC has made 19 recommendations to help Canterbury-Bankstown Council prevent the conduct identified in the investigation from recurring. Download the recommendations here