United Nations investigating complaint about Independent Commission Against Corruption

Eight years after he was labelled corrupt but never charged or proven guilty, Sydney businessman Charif Kazal is still fighting to clear his name.

Businessman Charif Kazal is still fighting to clear his name and is now having his cause taken up by the United Nations. Picture: Justin Lloyd

Exclusive: The United Nations Human Rights Committee has reactivated an investigation into complaints by Sydney businessman, Charif Kazal, that his human rights have been violated by the NSW anti-corruption watchdog.

Eight years after he was labelled corrupt by the Independent Commission Against Corruption (ICAC), but never charged due to lack of evidence, …” the UNHRC has asked the Federal Government to respond to complaints Mr Kazal’s right to the presumption of innocence until proven guilty, had been undermined.

It is understood to be the first time such an action has been taken up by the UNHRC over the undermining of the presumption of innocence in Australia.

The complaint to the UNHRC filed by Richard Mitry of Mitry Lawyers, argues legal restrictions in NSW associated with the ICAC, breach international human rights conventions that Australia has agreed to uphold.

Charif Kazal says he has been “stigmatised and shamed”. Picture: Justin Lloyd

It argued Mr Kazal’s case exemplifies the problems with ICAC and its legislation “drawing attention to the urgent need for action in order to protect fundamental rights of citizens, like Mr Kazal, who have never been charged let alone proven guilty of any illegal conduct in a court of law.”

Mr Kazal said he has been forced to go to the UN after exhausting all legal avenues in Australia to clear his name.

“My family and I were hardworking business people trying to make a future for our families. ICAC took that future dream of prosperity away and turned our lives into a never-ending fight for justice to restore our good name,” said Mr Kazal.

“Even when the government’s own appointed expert, the Inspector of ICAC reported to Parliament on the injustice to me and the need for an Exoneration Protocol, the nightmare didn’t end — the Parliament simply ignored it.

“I will continue fighting for justice …. and a long overdue apology.”

Global Renewables Eastern Creek in western Sydney, a facility bought by Charif Kazal and Rodric Davic.

The UNHRC has advised the Federal Government it has four months to respond to Mr Kazal’s complaint.

The complaint was first lodged last year but put on hold while Mr Kazal pursued his last legal avenue in Australia for redress.

Mr Kazal was caught up in an ICAC inquiry in 2010 into whether his business interests had received allegedly favourable lease deals with the NSW Government.

He was found corrupt by ICAC in 2011 but was never given the chance to clear his name in court.

The ICAC accepted there was insufficient evidence for a prosecution and instead asked the Director of Public Prosecutions to consider prosecuting Mr Kazal for misleading ICAC.

The DPP found there were no grounds for prosecution.

The deputy DPP wrote to ICAC in 2012 saying “there was no cogent evidence that the Kazal business interests were unfairly favoured”.

So Mr Kazal has been left in legal limbo, with his name still smeared by ICAC as corrupt and unable to take any steps to remove it.

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Charif Kazal says the ICAC took his future dream of prosperity away. Picture: Justin Lloyd

The Inspector of the ICAC, John Nicholson SC, published a report two years ago with recommendations to reform ICAC including consideration being given to an exoneration protocol that affected people, such as Mr Kazal, could pursue.

Mr Nicholson said Mr Kazal “has been stigmatised and shamed by a finding that has not been made and cannot be tested in an environment that has rules of evidence and procedures.”

Mr Nicholson also said “the finding (by ICAC) leaves him “with a stain upon his honour, reputation and his right to be considered as person of good character with no means at law of being able to retrieve or recapture those qualities.”

The UNHRC has written to the Federal Government as the “state party” which has ratified the International Covenant on Civil and Political Rights (ICCPR) under which complaints can be lodged about breaches of ICCPR rights.

The Attorney-General Christian Porter has previously said “the government will work closely with the government of NSW in responding to the complaint.”