How a pizza delivery man crippled ICAC in a random road accident

ICAC had its wings clipped, a barrister was wrongfully accused of corruption and a NSW Supreme Court judge’s reputation was badly damaged. All this was uncovered by a car crash involving one pizza man — who until now didn’t even realise the aftermath.

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He is the pizza delivery guy whose car crash sent shockwaves through the state’s legal system and put the government in a state of panic — and he didn’t even know it.

Until now Amit Gautam had no idea of the remarkable chain of events sparked by the 2014 accident.

But when the dust settled, the investigative powers of the state’s corruption watchdog had been neutered by a landmark legal battle that went all the way to the High Court of Australia. On top of that, the reputation of a NSW Supreme Court judge turned corruption fighter was badly damaged and one of the state’s top barristers, Margaret Cunneen SC, spent more than a year fighting to clear her name after being wrongfully accused of corruption.

Amit Gautam was involved in a car crash with the former girlfriend of Margaret Cunneen’s son in 2014. Picture: Sam Ruttyn

Informed of his part in the remarkable events, Mr Gautam said: “I guess it goes to show you never know who you might crash into.”

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Mr Gautam, 35, a father of two who still manages the pizza shop on Sydney’s north shore, was making a big fast food delivery on May 31 that year when his Ford Falcon hit another car about 6.10pm.

That vehicle was Ms Cunneen’s and was being driven by Sophia Tilley, then girlfriend of Ms Cunneen’s son. She was not at fault in the accident.

Recalling the accident for the first time, Mr Gautam said: “It was sunset and I saw a car coming that looked too far away to collide with.”

Sophie Tilley’s road accident with pizza delivery man Amit Gautam led to a remarkable chain of events involving ICAC. Picture: James Croucher

He can’t remember much about the crash itself because “I was in shock”, but he still remembers details of the delivery.

“It was about 60 or 70 pizzas going up to the tennis courts on Eastern Valley Way,” Mr Gautam said.

With such a big order, he had a colleague complete the delivery while he attended to the crash.

He said he was never aware of Ms Tilley or that it was Ms Cunneen’s car, explaining that “police came very quickly and took all the details”.

While Mr Gautam thought little more about the accident, Ms Cunneen was targeted by the Independent Commission Against Corruption. It claimed she told Ms Tilley, who returned a zero blood alcohol reading, to fake chest pains to avoid a breath test immediately after the crash.

ICAC became aware of Ms Cunneen’s alleged remark during a phone conversation with a tow truck driver whom she called after the crash. The driver’s phone just happened to be tapped by the Australian Crime Commission as part of an unrelated investigation.

Margaret Cunneen (centre), with her son Stephen Wyllie and his then girlfriend Sophia Tilley (right) in 2015. Picture: Justin Sanson

Ms Cunneen was not a target of the investigation, the reports said.

Despite there being no first-hand evidence Ms Cunneen told Ms Tilley to fake chest pains, details of the alleged conversation were forwarded to ICAC.

The then boss of ICAC Megan Latham, who had recently taken the job after a long stint as a Supreme Court judge, launched a full investigation. Ms Latham and Ms Cunneen had formerly been colleagues at the Office of the Director of Public Prosecutions.

Ms Cunneen, who always denied the allegations, was accused by ICAC of attempting to pervert the course of justice.

She launched legal action challenging ICAC’s right to proceed with the investigation, claiming it did not meet the definition of corrupt conduct and was outside its charter.

After splitting the decisions in the Supreme Court and the NSW Court of Appeal, the battle went to Canberra for a final decision by the High Court.

Sophia Tilley (centre) leaving court during one of her appearances was at the centre of the ICAC probe into crown prosecutor Margaret Cunneen at the time. Picture: AAP/Paul Miller

On April 15, 2015, the High Court ruled in Ms Cunneen’s favour, forcing ICAC to drop its investigation. The court ruling set a legal precedent that significantly narrowed the definition of corrupt conduct.

It forced a rethink of ICAC’s future and sent the state government scrambling to ensure the legality of past, present and future corruption investigations.

Ms Latham was heavily criticised over ICAC’s decision to pursue the investigation and was grilled during a NSW parliamentary inquiry.

Ms Cunneen was cleared again after ICAC forwarded the allegations to her employer, the DPP, which did not prosecute.

In November, 2016, Ms Latham resigned as ICAC boss with two years left on her contract and returned to her old job as a Supreme Court judge.

The government also introduced new laws that radically overhauled ICAC and meant Ms Latham would have to reapply for the top job and serve as one of three commissioners.

Mr Gautam said: “That is very surprising.”