Corruption Matters - November 2019 | Issue 54
In other news
In June, the ICAC released its findings from Operation Estry, the investigation into allegations concerning officers and the assault on a prisoner at Lithgow Correctional Centre. The ICAC made 19 corruption prevention recommendations to Corrective Services NSW to help it improve its systems. .
Prisoner assault and cover up allegations
Under Operation Estry, the ICAC investigated allegations that, on or about 19 February 2014, Corrective Services NSW (CSNSW) officers based at Lithgow Correctional Centre (LCC) dishonestly exercised their official functions in relation to an assault of a prisoner including by:
- subjecting the prisoner to the use of force (UOF), which was unwarranted and inappropriate in the circumstances
- colluding to provide a false and misleading account of the reasons for attending the cell occupied by the prisoner and subjecting him to the UOF
- submitting, reviewing and approving a “use of force package” (including incident reports) that contained false and misleading information about the reasons for attending the cell occupied by the prisoner and subjecting him to the use of force
- failing to record the UOF via video camera, as required by CSNSW policy and procedures
- destroying, or not maintaining, CCTV footage of the area immediately outside the cell occupied by the prisoner.
The ICAC also investigated whether, on 20 February 2014, CSNSW officers at LCC dishonestly exercised their official functions by falsely representing that 0.2 grams of buprenorphine was recovered from the prisoner’s personal belongings during the search of the cell occupied by the prisoner.
The ICAC made findings of serious corrupt conduct against John O’Shea, Terrence Walker, Brian McMurtrie, Simon Graf, Elliott Duncan and Stephen Taylor. The ICAC was of the opinion that the advice of the Director of Public Prosecutions should be obtained with respect to the prosecution of Mr O'Shea, Mr Walker, Mr McMurtrie, Mr Taylor, Mr Graf and Mr Duncan for various offences.
In its report, the ICAC made 19 corruption prevention recommendations to CSNSW to help it improve its systems.
NSW Parliamentary Committee on the ICAC hearing
The Parliamentary Committee on the ICAC is the means by which the ICAC is accountable to the NSW Parliament. The committee met on 21 October 2019 with the ICAC’s executive team.
In his opening address at that public hearing, ICAC Chief Commissioner the Hon Peter Hall QC referred to having written to the NSW Premier the Hon Gladys Berejiklian providing her with a detailed report – NSW ICAC Report to the Premier – the new ICAC at a funding crossroads – seeking to commence discussions with the government about a new funding model for the ICAC:
The Commission now proposes that urgent consideration be given to a new funding model having the underlying principles of certainty, flexibility, transparency and accountability and ensuring absolutely the Commission's independence. Such a model would have two components: firstly, a fixed model or a fixed amount to meet the Commission's core funding needs to maintain its operational effectiveness, including costs associated with optimum staffing levels and the conduct of compulsory examinations and public inquiries; the second component would consist of supplementary funding that the Commission can draw upon to meet unforeseeable or unexpected operational expenses.
Access the transcript here.
The Committee released its report on the hearing on 20 November 2019, in which it noted its agreement with the Chief Commissioner and the Inspector of the ICAC that it is appropriate to consider a funding model for the Commission that is separate to what applies to other agencies. The Committee recommended that the NSW Government examines a new independent funding model for the ICAC in the current budget cycle. Access the report here.
Inquiry into the budget process for independent oversight bodies
On 14 October 2019, the Legislative Council Public Accountability Committee announced an inquiry into “The Budget process for independent oversight bodies and the Parliament of New South Wales”. The ICAC has made its submission to that inquiry. A public hearing will be held at NSW Parliament on 12 December 2019.
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