Committee on the Independent Commission Against Corruption

COMMITTEE ON THE INDEPENDENT COMMISSION AGAINST CORRUPTION
COMMENTARY
commenced proceedings in the Supreme Court and the matter was listed for trial
on 14 March 2016 at the Sydney Supreme Court. 30
58. With regard to Operation Jasper, the ICAC made recommendations in a report
handed down in July 2013 that consideration be given to obtaining the advice of
the ODPP with respect to the prosecution of two former Members of the NSW
Parliament, Mr Macdonald and Mr Edward Obeid Senior. The offences for
consideration were conspiracy to defraud or misconduct in public office in
respect of Mr Macdonald, and conspiracy to defraud in respect of Mr Obeid.
Partial briefs of evidence were sent to the ODPP in March 2014, with further
statements being obtained at that time. 31
59. In relation to Operation Jarilo, the ICAC made recommendations in a report
handed down in July 2013 that consideration be given to obtaining the advice of
the ODPP with respect to the prosecution of Mr Macdonald for the offences of
corruptly receiving and soliciting a benefit contrary to section 249B of the Crimes
Act 1900. Briefs of evidence were sent to the ODPP on 6 August 2013 but the
2013-2014 ICAC Annual Report advised that the ODPP was awaiting the outcome
of criminal proceedings involving another person involved in Operation Jarilo, Mr
Ronald Medich, before finalising advice in relation to this matter. 32
60. The ICAC informed the <strong>Committee</strong> that in complex matters such as Acacia and
Jasper, it is not unusual for timelines to be more protracted given the bulk of
material to be considered and the complex legal and factual issues involved. 33
<strong>Committee</strong> comment
61. The issue of delays in the provision of briefs of evidence by the ICAC to the ODPP
and in the time taken by the ODPP to provide decisions on ICAC briefs has been a
matter of concern to previous <strong>Committee</strong>s. However, the <strong>Committee</strong> has
examined figures for a number of reporting periods and notes that there has
been significant improvement in the timeframes for both the provision of briefs
and decisions on briefs over the last five years. The recent report of the
Independent Panel considered the issue of delays and concluded that no
legislative change was required.
62. The <strong>Committee</strong> commends the ICAC for its continuing efforts to meet its target of
having 90 per cent of briefs of evidence with the ODPP within 90 days from the
confirmation of charges to be considered and for its ongoing efforts to work with
the ODPP to reduce delays in commencing prosecutions.
30 ICAC, ICAC Prosecution Outcomes, 2 February 2016, pp 6-7, ICAC website,
https://www.icac.nsw.gov.au/documents/investigations/general-information-1/4729-icac-prosecution-outcomesweb-table-2-february-2016-fin/file,
viewed 4 February 2016.
31 ICAC, Annual Report 2013-2014, p 102; see also ICAC, Investigation into the Conduct of Ian Macdonald, Edward
Obeid Senior, Moses Obeid and Others (Operation Jasper), July 2013, pp 10-11, ICAC website,
https://www.icac.nsw.gov.au/investigations/current-investigations/investigationdetail/192, viewed 5 February
2016.
32 ICAC, Annual Report 2013-2014, p 101.
33 ICAC, Review of the ICAC 2013-2014 Annual Report, Response to further questions, p 21.
12 REPORT 1/56