Sydney businessman Charif Kazal slams ICAC, demands apology

Sydney businessman Charif Kazal went all the way to the UN to clear his name after ICAC labelled him corrupt. He now wants an apology and compensation.

Charif Kazal and his wife Agnes at home on the Sunshine Coast this week. Photo: Patrick Woods.

Sydney businessman Charif Kazal, the man labelled corrupt by ICAC 14 years ago but never charged with any offence, says he’s been hung out to dry by the state and federal governments and deserves an apology and compensation.

He’s taken his fight for vindication all the way to the UN where his high profile lawyer Geoffrey Robertson KC successfully argued that Mr Kazal’s human rights had been breached by the anti-corruption watchdog.

In November 2023 The UN gave the Australian Government 180 days to report back on its proposal regarding a suitable high profile public apology, adequate compensation and reparation for Mr Kazal and affected parties, and their plan to “implement measures to ensure they prevent similar violations ever being repeated in the future”.

But that deadline has come and gone, without a peep from any politician in the position to offer an apology.

“This whole saga has had a tremendous effect on me and my family every single day. We live with the suffering because people along the way have failed to do what is right,” Mr Kazal said in an exclusive interview with the Sunday Telegraph.

“It’s a kick in the guts for me when I see what’s happening with Julian Assange. It’s all well and good. I’m not complaining they are helping him but when I hear the politicians talk about fighting for the rights of an Australian abroad, how about fighting for ones here whose rights have been denied by our very own Government?

Charif Kazal wants an apology for the pain and suffering after ICAC called him corrupt. Picture: Tim Hunter.

“Please do the right thing for me too, not just for me and my family but for other Australians who deserve to have their rights protected.”

In 2011, ICAC Commissioner David Ipp found Mr Kazal had sought to improperly influence a government bureaucrat to advance the family’s business interests in The Rocks.

“He issued his report on Operation Vesta to the NSW Parliament in which he found both government official Andrew Kelly and I corrupt on the basis we ‘could have’ done the wrong thing,” Mr Kazal said.

But as the Inspector of ICAC later reported, the ICAC Commissioner “had no actual evidence of any wrongdoing in his possession before, during or after the Public Inquiry and instead relied on the ICAC legislation that still allowed him the mechanism to pursue and label someone corrupt despite having no evidence of any wrongdoing.”

In 2013 Mr Kazal went to the Supreme Court to get the ICAC finding overturned. He argued that because there was insufficient admissible evidence to warrant criminal charges, the ICAC had gone beyond its legislative powers. But Justice Ian Harrison found the ICAC acted within its power.

After examining ICAC’s case against Kazal, prosecutors at the DPP refused to charge him with anything.

Charif Kazal wants an apology, not just for himself, his wife Agnes and their children, but for every Australian “tainted” by ICAC. Photo: Patrick Woods

At law, he was an innocent man however that wasn’t enough for the proud businessman and family man, who wanted his reputation back.

“It’s unbelievable to live like this, forever having to explain yourself. IN your day to day life, people you work with they know you’ve done nothing wrong but you still have to walk with that cloud over you,” Mr Kazal said.

“Our surname was recognised for the wrong reason, it affected my children my nieces and nephews. It was very painful and hard for them to fathom.”

“People will always look at you like there is some smog there. Banks tell us we are not welcome to be their customers, There has been massive damage to me and my family.”

In 2015 high profile legal eagle Margaret Cunneen SC defeated ICAC in the High Court on the grounds ICAC was operating outside of its legislative powers. The allegation against her was later found to be baseless.

ICAC immediately drafted legislation that the NSW Parliament adopted overnight known as the ICAC Validation Act 2015.

“This appalling legislation was drafted to prevent anyone else wrongly found to be corrupt by ICAC on similar grounds to Margaret from seeking to have their judgement overturned before the Courts,” Mr Kazal said.

“Effectively denying the natural justice rights of anyone in this category in breach of the Rule of Law. Had this legislation not been adopted, I could have challenged ICAC’s findings after the High Court defeat ICAC had against Margaret as the Inspector of ICAC reported in his 2017 report to the NSW Parliament ICAC breached Section 31 0f its own Act calling an Inquiry without any evidence or basis to do so.”

High profile barrister Margaret Cunneen had her own battle with ICAC. Picture: Jonathan Ng

Mr Kazal sought the help of former Premier Mike Baird about his treatment by ICAC. Picture: Jonathan Ng

Mr Kazal turned to his local member Mike Baird complaining about his treatment by ICAC. Mr Baird referred him to the Office of the Inspector of ICAC.

The then Acting Inspector John Nicholson - a retired District Court Judge appointed by Government to oversee the ICAC and ensure it follows due process - investigated the complaint and in June 2017 reported to parliament that ICAC had no evidence of any wrongdoing against Mr Kazal or his co-accused Andrew Kelly.

Mr Nicholson made a range of recommendations to the NSW Parliament including a recommendation they implement an Exoneration Protocol to restore the reputation of innocent victims of ICAC and Mr Kazal argues the NSW Government has “sat idle for 7 years and taken no action to implement any of the crucial recommendations as a result of the Inspector’s detailed investigation of the case that included accessing and reviewing all ICAC files”.

Mr Kazal said after exhausting all options in Australia his only hope was to go to the UN.

Claims asserting a human rights breach in this jurisdiction need to be brought against the federal Government as “the state party” that includes NSW.

Lawyer Richard Mitry, who instructed Mr Robertson KC, told the Saturday Telegraph Mr Kazal only filed the case in the United Nations after taking steps over several years to clear his name through judicial and statutory bodies in Australia.

“In his submission to the UN, Mr Kazal had asserted that the test that the NSW ICAC applied, which was whether someone “could have” committed a criminal offence, and the subsequent public reporting of its findings, violated his rights to a fair trial, presumption of innocence, as well as his right to not be subjected to arbitrary or unlawful interference with his privacy, family, home, correspondence, honour and reputation,” Mrs Mitry said.

“This was in circumstances where the ICAC investigation concerning Mr Kazal was public and highly publicised, but there were no formal rules of evidence, and no exoneration protocol available.

“The Committee specifically noted the lack of adequate procedural safeguards in the ICAC’s handling of the case and the absence of mechanisms for Mr. Kazal to challenge the findings,” he said.

“This is an unprecedented finding against the Australian government on an international level, and the first of its kind at that level to find that the conduct of an Australian anti-corruption body has breached the human rights of an Australian citizen.”

Mr Kazal said that before and after the UN finding, Mr Kazal has asked the government to publicly exonerate him, but that is yet to occur.

“It means that Mr Kazal continues to live with the stain of the ICAC finding and will continue to do so until there is official recognition, at the domestic level, of what was said about that finding by the Human Rights Committee.”

The federal Government has been contacted for comment.