Ruling confirms IBAC has ‘blood on its hands’

Amanda Stapledon took her life fearing IBAC would jail her. It’s been revealed IBAC didn’t intend prosecuting — but it never told the mum she was in the clear.

Former Casey mayor Amanda Stapledon took her own life in 2022. Picture: Chris Eastman

Victoria’s Independent Broad-based Anti-corruption Commission failed for almost two years to tell a witness who suicided over fears she faced jail that she was in the clear in a delay that exacerbated her mental health trauma, Victoria’s coroner has found.

Coroner David Ryan has revealed that after grilling former Casey mayor Amanda Stapledon for two days in public hearings in March 2020, IBAC decided that it was unlikely she had committed a criminal offence.

But in a significant finding released on Tuesday, the coroner noted that the anti-corruption agency had never informed the 58-year-old mother that this was the case before her suicide in January 2022.

‘‘It is clear that Ms Stapledon’s mental health had suffered during the course of her prolonged involvement in Operation Sandon,’’ the coroner found.

‘‘In particular, she was concerned about being referred for prosecution and the impact that criminal proceedings may have on her financial stability and the future wellbeing of her son.

“Ms Stapledon had given evidence in Operation Sandon (22) months before her death. The

uncertainty as to whether she would face criminal prosecution was a significant stressor which

became exacerbated over time,’’ the coroner found.

“It is likely that her stress and anxiety would have been appreciably alleviated had she been informed that on the evidence before it, IBAC was not contemplating and did not intend to bring criminal proceedings against her or refer her to any prosecutorial body.’’

In his 18-page finding, Mr Ryan called on IBAC to review its operation and amend its policies and procedures so “where appropriate to ensure that there is no impediment in appropriate circumstances to advising witnesses as early as possible after a decision has been made, that their conduct is not under contemplation for the purpose of prosecution”.

In a statement released on Tuesday, IBAC said it accepted the Coroner’s recommendation. ‘‘We will now review the operation of our legislation and associated practices and consider what we can do to address the issue raised,’’ a spokesperson said.

‘‘IBAC takes its responsibility to consider the welfare of everyone involved in our work seriously, and we always work to improve the practices that support both complainants and witnesses.’’

Ms Stapledon – described by her friend as “loving, caring, genuine, honest, fun loving and family first” – spent the final two years of her life looking over her shoulder, growing increasingly isolated and racked with anxiety about her fate at the hands of IBAC’s Operation Sandon, an investigation into allegedly corrupt land deals between councillors and a developer.

Former Casey mayor Sam Aziz, one of the prime targets of Operation Sandon, said the coroner’s report confirmed that IBAC had ‘‘blood on its hands’’.

‘‘This is a black day for all Victorians. I hope our parliament will respond vigorously to the Coroner’s finding that IBAC has blood on its hands in relation to the untimely death of Amanda Stapledon,’’ he told The Australian.

‘‘IBAC must be made accountable for their life-destroying publicity stunts when conducting so called public examinations.

‘‘A precious human being has died because IBAC is more keen on increasing clicks to its website, than on protecting people’s welfare. It is time for the IBAC legislation to be tossed out and rewritten.”

In his finding, The coroner acknowledged that IBAC’s marathon Operation Sandon investigation was still going through a natural justice process when Ms Stapledon took her life in January 2022.

Three days before her suicide, IBAC had sent Ms Stapledon’s lawyers a draft report into Operation Sandon which contained adverse comments about her action as a councillor.

Operation Sandon was an investigation into the dealings between some Casey councillors and property developer John Woodman over a number of years. IBAC alleged that in exchange for payments and undeclared political donations, some councillors made planning decisions favourable to Mr Woodman.

Premier Daniel Andrews was grilled in secret over his long-standing relationship with Mr Woodman, who was a major donor to the Victorian ALP.

Ms Stapledon was the primary carer for her disabled adult son and had told friends that she was concerned that if she was jailed she would lose her home.

IBAC had sent her lawyers a draft copy of its report, which made adverse findings against her, on January 14, 2022. While the coroner said Ms Stapledon never read the draft, her friends have told The Australian that she was convinced she faced prosecution.

They blame the marathon delay and silence for breeding uncertainty and anxiety in her and other witnesses and that knowing the draft report had arrived tipped her over the edge.

They say she had become paranoid in the 22 months between giving evidence and receiving the draft report, and had become convinced she would be sent to prison.

‘‘IBAC stated that it had not contemplated and did not intend to bring criminal proceedings

against Ms Stapledon or refer her to any prosecutorial body as a result of her evidence in the

public hearing,’’ the coroner stated.

‘‘That was unless information was subsequently brought to its attention (which was not then known), as a result of the natural justice process undertaken with the circulation of the draft report.’’

The coroner found that Ms Stapledon’s friends observed that the IBAC investigation had a ‘‘a massive impact on her mental health’’. The coroner said that on January 1, 2022, Ms Stapledon had told another friend that her son would be ‘‘better off without her’’.

The coroner said a note was found on her body, that stated: ‘‘I cannot believe how badly I have behaved — I am so sorry.’’

If you or someone you know is at risk of suicide, call: Lifeline: 13 11 14 or lifeline.org.au; or Beyond Blue: 1300 22 4636 or beyondblue.org.au