Barrister faces graft probe on 'bribe' offer to client

A NSW barrister allegedly told a client he could make a police investigation "go away" in return for a bribe to a prosecutor.

A NSW barrister allegedly told a client he could make a police investigation "go away" in return for a bribe to a prosecutor.

The Independent Commission Against Corruption is investigating whether Sydney barrister John Hart bribed the prosecutor, or any other judge or magistrate, to interfere in a prosecution or to give favourable treatment to his clients.

The ICAC heard yesterday that Mr Hart had accepted a payment of $12,000 from three men which he said would ensure they were not prosecuted.

Witness Jason Michael Kelly, a former client of Mr Hart's, told the opening day of the ICAC hearing yesterday that the barrister approached him following a court trial this year in which he was acquitted. Mr Kelly told the ICAC that Mr Hart had approached him following the trial in February, and warned him that the police were intent on investigating further allegations against him.

"Mr Hart said to me that (a NSW police detective) had told him I might have got off this time but she was going to get me on something and she was not going to stop until she did," Mr Kelly told the commission.

"(Mr Hart) said, 'You might survive this case, but there is no way you can go through this again ... you won't survive."

Mr Hart then allegedly told Mr Kelly: "I can make this go away. I can make a payment to some people."

Mr Kelly told the ICAC yesterday he had paid $10,000 into Mr Hart's TAB account and given him $2000 in cash to ensure that a sexual assault investigation involving him and two other men would "go away". Records of Mr Hart's TAB account tendered during the hearing showed a payment of $7000 was paid into the account.

The ICAC was played taped conversations between Mr Kelly and Mr Hart in which the barrister assured his client that the investigation would not result in a prosecution. In one telephone call, on April 27, Mr Hart referred to a NSW Crown prosecutor, Gary Corr, as "my bloke".

"I'm telling you now, (the prosecution) won't go anywhere," Mr Hart was recorded as saying.

The ICAC was told Mr Corr would give evidence during the hearings and denied any knowledge of the alleged corruption. Counsel assisting the ICAC, David Staehli SC, said the police investigation into Mr Kelly and the two other men was eventually completed with no charges being laid.

But it was not expected that the evidence would establish that this was because of any intervention by Mr Hart, but rather because of a legitimate decision that the evidence did not support charges being laid.

Mr Staehli told the hearing in Sydney that the commission would investigate further allegations that Mr Hart lied to judges and magistrates in order to get his clients' hearings adjourned and have their cases heard before particular lenient members of the judiciary.

The ICAC would examine an allegation that Mr Hart and Wagga solicitor Anthony Paul deliberately inflated a cost application put to the NSW Attorney-General's department on behalf of Mr Kelly following their client's acquittal.

The commission heard that Mr Kelly had told a friend the three had agreed to jointly pocket the money they received from the government, which was almost $20,000 more than what Mr Kelly had actually paid in lawyers' fees.

The hearing continues.