ICAC recommends criminal charges be brought against three former NSW MPs

THE NSW corruption watchdog has recommended criminal charges be brought against three former NSW MPs after inquiry into illegal donations.

ICAC recommends criminal charges be brought against three former state MPs, including Former NSW Ports Minister Joe Tripodi. Picture: John Appleyard

THE NSW corruption watchdog has recommended criminal charges be brought against three former state MPs following an inquiry into illegal political donations.

Former NSW Liberal energy minister Chris Hartcher has been referred to the Director of Public Prosecutions for the offence of larceny while former Labor MP Joe Tripodi for the offence of misconduct in public office.

The Independent Commission Against Corruption (ICAC) has also recommended criminal charges be considered against former Liberal MP Andrew Cornwell and his wife Samantha Brookes for giving false or misleading evidence to ICAC.

The only Liberal MP to remain in parliament after becoming embroiled in the inquiry, ex-police minister Mike Gallacher, also acted with the intention of evading political donations laws, the ICAC found on Tuesday.

NSW Opposition Leader Luke Foley has called on the Liberal Party to release details of payments from banned donors, following the damning ICAC report that found eight of its members acted to evade electoral funding laws in the 2011 election.

Mr Foley said the state’s corruption watchdog had uncovered an orchestrated scam from the Liberals, and praised Labor MP Jodi McKay, who was vindicated by Tuesday’s report.

Ms McKay, who lost the 2011 election after refusing to accept money from a banned donor, said it was “a travesty” that no one will face prosecution for breaching electoral funding laws.

Chris Hartcher pictured leaving ICAC inquiry. Picture: Cameron Richardson

NSW Premier Mike Baird said the conduct revealed in today’s report by the ICAC was “completely unacceptable and constitutes a betrayal of public trust by both sides of politics”.

“The government has zero tolerance for corruption,” he said.

Mr Baird believed the report justified the actions the government took between May and August 2014 when a number of former Liberal MPs permanently left the Parliamentary Liberal Party.

“In September 2015, following the High Court’s decision in Cuneen, the Government amended the ICAC Act to implement all of the recommendations of the Gleeson / McClintock Panel, including in relation to breaches of electoral laws,” a statement from Mr Baird’s office said.

“These amendments expanded the ICAC’s jurisdiction so that it can now investigate, and make findings of fact about, any alleged breach of the electoral and campaign finance laws, even if the breach would not amount to corrupt conduct.”

According to Mr Baird, the office has taken measures to improve accountability in relation to election and campaign finance laws, including the establishment of a new Electoral Commission.

In May 2014, the government appointed a panel of experts, led by Dr. Kerry Schott, to consider and report on options for the long-term reform of election funding laws.

The government then amended the Election Funding, Expenditure and Disclosures Amendment Act, which increased some of the penalties for breaching election funding laws, introduced a general anti-circumvention offence provision directed at those who seek to evade election funding laws, and extended the limitation period for prosecuting offences against election funding laws from three to 10 years.

THE ICAC FINDINGS:

Joe Tripodi

Ex-Labor minister — Found to have engaged in serious corrupt conduct by giving a confidential Treasury report on Newcastle port to the director of Nathan Tinkler’s Buildev company.

ICAC recommends a charge of misconduct in public office be considered.

Michael Gallacher

Ex-Liberal minister, now crossbench — Acted with the intention of evading laws that ban political donations from property developers and require the disclosure of donations. No charges recommended.

Chris Hartcher

Ex-Liberal minister — Acted with the intention of evading laws that ban political donations from property developers, cap donations and require the disclosure of donations. Recommended charge of larceny be considered over $4000 in bank cheques payable to the Liberal Party.

Andrew Cornwell

Ex-Liberal MP for Charlestown — Acted with the intention of evading laws banning political donations from property developers, and requiring the disclosure of donations. Recommended charge: Giving false and misleading evidence.

Bart Bassett

Former Londonderry MP for Liberals — Knowingly solicited a donation from a property developer. No charge recommended.