Discussion on the ICAC and the Future of Coercive Anti Crime/ Corruption Bodies Generally.

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.

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 poor results.

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 as administration.

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 matter.

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.

Whistleblower Network
402/422 Pitt St,
Sydney 2000.

Tel (014) 415 835 / (02) 9281 9743
Fax (02) 9212 6205

Email 100254.1467@compuserve.com

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 are available.

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 again.

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 advantage ?

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 claims.

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.

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The NSW ICAC failed to investigate when its Commissioner arguably misiniformed a Parliamentary Committee that Regan had misrepresented himself as an ICAC Officer.

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.

Tentative Conclusion

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 function.

Submissions are invited in response to the above.
Send them to: Email 100254.1467@compuserve.com

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