Independent Commission Against Corruption
in N.S.W. Australia - A waste of Taxpayer's Funds.
From : The Whistleblower Network.
RE: THE FUTURE OF THE NSW INDEPENDENT COMMISSION AGAINST
CORRUPTION IN NEW SOUTH WALES, AUSTRALIA.
DUPLICATION OF FUNDING AND RESOURCES
FOR LAW ENFORCEMENT AUTHORITIES IN NEW SOUTH WALES AUSTRALIA
Subject: ICAC NO.2 - A FUTURE?
Discussion on the ICAC and the Future of Coercive Anti Crime/ Corruption
New Developments ;
Proven Corrupt ICAC Commissioner Barry O'Keefe was shown to be in error
again about the Cynthia Kardell Case and the South Eastern Area Health
Service allegations of corruption and maladministration. The Federal Industrial
relations Court has found Kardells dismissal to be wrongful.
*ICAC fails to investigate allegations of collusion between a Local
Council Building Inspector and a Builder over a defective house but does
investigate a Staff Member of an NSW State Labour Government Minister whose
house it was.
*ICAC failed to investigate the allegation that the young man arrested
in a toilet with former NSW Supreme Court Judge Yeldham was in fact the
subject of an appeal a few years later in a very serious criminal matter
in which Yeldham sat as a Judge of Appeal. This was published recently
in the NSW Newspaper the "Illawarra Mercury."
* The NSW Parliamentary Committee on the ICAC was arguably misled either
deliberately or inadvertently by the ICAC in relation to a complaint against
Transit Patrol Officer Jim Regan who was alleged to have impersonated an
ICAC Officer. In fact the person who made the allegation a Mr Mathews was
convicted of theft as a result of Regans' inquiries a fact the ICAC failed
to give the Parlaimentary Committee on the ICAC at previous meetings.
Many of these matters should arguably be properly investigated by a
properly independently constituted Inquiry.
This discussion paper is just that and no firm position is advocated
as being final .
Submissions and comment are now invited. See below.
DOES THE NEW SOUTH WALES INDEPENDENT
COMMISSION AGAINST CORRUPTION HAVE A FUTURE GIVEN ITS ARGUABLE DEMONSTRABLE
FAILURES AND INNEFFECTIVENESS ?
Apart from the non exclusive list of documented instances which follow
the point has to made that the NSW Tax payers are now paying for a plethora
of investiagtive and Policing boides at arguably exhorbitant expense and
One of the reasons is the inate conservativeness of persosn appointed
to head and operate such bodies arguably laced with a tinge of political
bias as well as demonstrable incompetence coupled with a complete lack
of accountability to Parliament and the taxpayers for operations as well
The same could be said for the operation of various Royal Commission
so far as effective accounatbility is concerned.
In NSW we currently have at great expense ;
NSW Police Integrity Commission
(which has already failed to investigate allegations of Police corruption
and maladministration for instance in the cases of whistleblowers and former
Policemen Michael Cottier and Mr Dean Krzeminski)
NSW Independent Commission Against Corruption
The ICAC also failed to investigate the matter detailed in eveidence
given to the NSW Crimes Commission below even though Mr Chris Barry and
the Building Action Review Group Inc approached ICAC directly about this
NSW Crimes Commission
Which failed to properly investigate an NSW Government Cabinet Minister
and now Federal Government Cabinet Minister who secured his son a job with
the then tax payer funded Master Builders Group Apprenticeship Scheme on
beneficial terms at tax payers expense ahead of other ordinary applicants.
(as detailed by the ABC 7.30 Report in 1991 after MBA whistleblowers informed)
Evidence given to the commission of this in 1991, as well as the NSW
Police Service itself.
There is arguably a strong case to amalgamate all the above and save
expenditure on duplication of expenses and administration and form a single
Strong Crime Fighting Authority with coercive powers under the supervision
of Judicial Persons with no connection with NSW and which is accountable
for its day to day operations to a bi partisan Parliamentary Committee
on a regular basis.
402/422 Pitt St,
Tel (014) 415 835 / (02) 9281 9743
Fax (02) 9212 6205
Telephone 014 415 835 & (02) 9583 1165
Originally Compiled 4th July 1996.
RE : The Arguable Failure of I.C.A.C. - Cases not resolved satisfactorily
by the ICAC.
Matters arising out of the NSW Royal Commission into the Building Industry.
Fahey as an NSW Govt Minister was improperly involved and/or associated
with the NSW taxpayer funded MBA Group Apprenticeship scheme and allegedly
improperly used his position in conjunction with Mr John Elder the then
Deputy Executive Director of the MBA. Refer to previously provided documents.
The matter was dealt with by the ABC 7.30 Report in 1991.
The above matter was only obliquely dealt with by the NSW Royal Commission
into the Building Industry (RCBI) and was never properly investigated.
ICAC has not dealt with the question as to whether the RCBI and its officers
failed to deal with this matter properly because of improper influence
by an NSW Govt Minister the subject of allegations to the RCBI and in the
Media. Why was Fahey never subpoenaed by the RCBI ?
Copies of Facsimile transmissions from Fahey's Office to Elders Office
Note Mr John Elder the retired Executive Director of the MBA (NSW) was
the senior officer responsible for the NSW Taxpayer funded MBA Group Apprenticeship
scheme when its funds were misappropriated to the MBA itself. Elder once
was a personal friend of K. Jubeline the former Building Services Corpn
General Manager. R. Rocher, former Executive Director (now dead) was in
the same position/relationship.
No investigation has ever taken place as to whether the above improper
association(s) led to the BSC granting NSW Taxpayers funds to the MBA in
the first place.par
AN "AGREEMENT" SIGNED IN UNUSUAL CIRCUMSTANCES BETWEEN THE
NSW GOVERNMENT AND THE M.B.A. : The I.C.A.C. fails to adequately investigate
In the aftermath of the RCBI report the NSW Govt negotiated and signed
an agreement with the MBA to re- establish official relations and to pay
back monies improperly obtained from the BSC for the Apprenticeship scheme
and from fraudulent collusive tendering. Fahey, a person the subject of
allegations before the RCBI was a signatory to this agreement and involved
in negotiations with the MBA concerning its contents as was former NSW
Environment Minister Mr T. Moore as Executive Director of the MBA. The
agreement arguably over generously allows the MBA 11 years to pay back
the wrongfully obtained monies. (in effect arguably an interest free loan).
Did all the above associations result in the agreement being improperly
obtained so as to give the MBA an otherwise improper generous financial
1.6 It appears that In the period 1991-1995 both the NSW Building Industry
Task Force and the NSW Crimes Commission received information to the effect
that J.Twyford, Solicitor and former Chief Legal officer for the MBA received
secret commissions in return for organising fraudulent collusive tendering
arrangements with Solicitor John Cunningham. Neither two bodies did anything
in relation to these allegations.
2.1b Police Corruption Generally ;
Including the cases of D. Locke, T. Katsoulas, K. Cook,M. Cottier and
a host of other matters.
3.1b The NSW National Parks & Wildlife Service. (NPWS)
The proven involvement of the National Parks and Wildlife service (NPWS)
and its officers and associates in matters published by R. Hoser and since
proven in court concerning the illegal smuggling and sale of wildlife
out of Australia for profit as well as other serious criminal activity
including, thefts, frauds, set-ups, court-fixing, murder, arson, perjury
and other crimes.
The South Eastern Area Health Service/Prince of Wales Hospital (Formerly
Eastern Sydney Area Health Service
The case of Cynthia Kardel and relevant allegations at SEAHS and Prince
of Wales Hospital.Allegedly $100,000 was transferred to the research accounts
of the Chair person of a selection panel by the eventual appointee to a
senior health position contemporanously with the appointment and one of
the selection panel was a referree for the eventual appointee.
NOTE : ON 8th September 1997 Judicial Registrar Patch held that C. Kardells'
dismissal as Chief Radiographer at Prince of Wales Hospital was invalid
and ordered her reinstatement.
It is noted that ICAC Commissioner O'Keefe in October 1996 in effect
attempted to invalidate a number of Kardells' allegations before the NSW
Parlt' Committee on the ICAC ? It would appear that ICAC only chose to
believe the response of the employer ,the SEAHS to allegations made from
viewing available correspondence.
5.1 The State Rail Authority.
Failed to properly numerous cases of corruption /fraud in the SRA including
matters referred by former auditor Leslie Pinson and a previous SRA employee
Neena Chadha at Bondi Junction Railway Station. ICAC has failed to investigate
allegations of detrimental allegations against Ms Chadha despite their
being made over 6 months ago.
The Building Services Corporation - Consumer Protection Issues.
Failed to investigate questionable conduct by the Building Services
Corporation Inspectors in numerous cases presented by B.A.R. Inc and others.
Failed to investigate in the aftermath of the report of DR Crawford which
alleged incorrect and artificial deflating of Consumers statutory insurance
Recently ICAC failed to investigate allegations of collusion between
a building Inspector at Sutherland Shire Council and a Builder when subsequently
a House had to be demolished as a result independent Experts Reports.
When the B.S.C. failed to pay the Statutory insurance in due time the
ICAC then chose to investigate a staff member of an NSW State Government
Minister whose house it was when she had an emotional breakdown in the
office of the Minister concerned (and as a result the Minister made well
meaning enquiries with a Ministerial Colleague concerning the speed of
the legitimate insurance payment pursuant to the B.S.C. Act 1989. (NSW)
NSW Transit Patrol Officer Jim Regan.
Parliamentary Committee allegedly Misled either deliberately or inadvertently
by the ICAC Commissioner.
The NSW ICAC failed to investigate when its Commissioner arguably misiniformed
a Parliamentary Committee that Regan had misrepresented himself as an ICAC
Commissioner O'Keefe failed to mention in fairness to Mr Regan that
the person who made the allegation to the ICAC , a Mr Mathews was convicted
of theft of SRA Railway sleepers as a result of Regans Enquiries thereby
somewhat undermining the credibility of the complaint.
The above matters arguably demonstrate that co-ercive crime fighting
and anti corruption authorities require day to day or regular supervision
of their OPERATIONAL ACTIVITIES in order that they do not unduly infringe
civil liberties and in order that powerfull establishment figures to do
not avoid investigation.
A Bi Partisan parliamentary Committee could arguably well perform this
Submissions are invited in response to the above.
Send them to: Email email@example.com
OTHER SITES DETAILING POLICE AND POLITICAL
CORRUPTION IN VICTORIA AND ELSEWHERE IN AUSTRALIA
VICTORIAN GOVERNMENT ILLEGALLY BANS A
MAGAZINE - WHO WAS GUILTY FOR THE MURDER OF PETER COE???
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AUSTRALIAN SMUGGLING AND WILDLIFE CRIME
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