Independent Commission Against Corruption - ICAC

Why Crown Prosecutor Margaret Cunneen will be sacked for her corrupt conduct. #ICAC fights back

NSW Senior Crown Prosecutor Margaret Cunneen will be sacked in the very near future because of her corrupt and criminal conduct unless she acts first and resigns. Evidence from the NSW Independent Commission Against Corruption (ICAC) has been sent to the NSW Director of Public Prosecutions (DPP) to consider whether Margaret Cunneen should be charged with criminal offences.

Even if Cunneen is not charged she cannot and will not survive as a Crown Prosecutor because she is guilty of an even greater sin for a public servant. She has been caught lying to the public about the ICAC Inquiry in a number of media interviews she has done.

I have written about this matter in 3 other posts in December 2014 (Click here), April 2015 (Click here) and May 2015 (Click here). They are worth reading for a background to this story.

“Cunneen was accused of advising her son’s girlfriend to fake chest pains to avoid a breath test after a car accident. The high court ruled that ICAC did not have the power to investigate the allegations because they did not fit the definition of “corrupt conduct” in the legislation establishing ICAC’s scope.”  (Click here to read more)

The witch hunt

Some nutcase Cunneen supporters in the media are claiming it is a which hunt / vendetta by ICAC against Cunneen but she is already on the nose with her employer, the NSW DPP. I wrote only a week ago regarding Alan Jones and his relationship with Cunneen:

“if recent reports are correct then anyone supporting Cunneen is looking rather stupid to say the least because the NSW DPP has had to transfer a matter to the Crown Solicitor’s office. This is because of Margaret Cunneen’s relationship with Steve Fletcher who is facing criminal charges” (Click here to read the full article)

Are the nutcase journalists also saying it is a witch hunt by Cunneen’s own employer, the NSW DPP, against her?

As you will read below ICAC “was provided with information by a Federal law enforcement agency that indicated the commission of an attempt to pervert the course of justice by Ms Cunneen, a NSW deputy senior crown prosecutor”. That put ICAC in a position were they really had no choice but to investigate otherwise ICAC would have looked like they were covering it up. ICAC called Cunneen in for an interview in August last year and based on the media release below it looks like she was caught lying to them which is also a criminal offence.

Are the nutcases also claiming that a Federal law enforcement agency has a vendetta against Cunneen or is on a witch hunt against her? Certain people in the media are deliberately trying to conceal the truth and pervert the course of justice.

Below is the full media by the NSW Independent Commission Against Corruption – ICAC

Decision to provide evidence in Operation Hale to the DPP

Wednesday 27 May 2015

Since the NSW Parliament passed the Independent Commission Against Corruption Amendment (Validation) Act 2015 earlier this month, the NSW Independent Commission Against Corruption (ICAC) has been considering its incomplete investigations to determine what, if any, action it should take with each outstanding matter.

The Commission has determined to provide the evidence it has obtained in Operation Hale to the NSW Director of Public Prosecutions (DPP) pursuant to clause 35(4) of Schedule 4 to the Independent Commission Against Corruption Act 1988 (the ICAC Act).

Clause 35(4) provides that “the Commission is authorised (and is taken always to have been authorised) to exercise functions under this Act on or after 15 April 2015 to refer matters for investigation or other action to other persons or bodies, or to communicate or provide evidence given to the Commission to other persons or bodies, even if the matter arose or the evidence was given to the Commission before15 April 2015 and its validity relies on the validation under subclause (1)”.

The Commission conferred with the DPP on 19 May concerning the referral of the evidence in Operation Hale.

Today, the Commission has furnished that evidence to the DPP for consideration of whether charges of attempting to pervert the course of justice and giving false evidence to the Commission are available against Ms Cunneen, Stephen Wylie and Sophia Tilley.

The Commission has decided to take this step for the following reasons.

The Commission undertook an investigation into the alleged conduct of Ms Cunneen, Mr Wylie and Ms Tilley after it was provided with information by a Federal law enforcement agency that indicated the commission of an attempt to pervert the course of justice by Ms Cunneen, a NSW deputy senior crown prosecutor, following a motor vehicle accident on 31 May 2014. It was accepted by the courts which examined the allegation in the course of the litigation initiated by Ms Cunneen that the alleged conduct could constitute an attempt to pervert the course of justice.

Any attempt to pervert the course of justice by senior counsel, whether in the course of that person’s duties or otherwise, strikes at the heart of the administration of justice and “is apt to give rise to public disquiet about the integrity of the judicial system”; Einfeld v R [2010] NSWCCA 87, Basten JA at [81].

The decision to refer the evidence is being taken by the Commission after an assessment of the reliability of the material which is to hand.

The Commission is of the view that it is in the public interest that the resolution of the allegations against Ms Cunneen, Mr Wylie and Ms Tilley ought not be further delayed. The Commission is unable to finalise its investigation in Operation Hale as a result of the decision of the High Court in ICAC v Cunneen & Ors [2015] HCA 14 and Part 13 of Schedule 4 to the ICAC Act only allows the Commission to provide to other agencies evidence it has obtained on or before 15 April 2015. Moreover, the pending review of the ICAC Act will not be completed before 11 July 2015.

It is also in the interests of those persons and the administration of justice in NSW that the evidence obtained by the Commission is referred for appropriate action to the DPP. The Commission’s referral to the DPP also allows for the appointment of an appropriately qualified independent person from outside NSW to undertake that task.

In addition to considering criminal offences, it may be necessary for the DPP to consider whether disciplinary proceedings should be taken against Ms Cunneen. Accordingly, the DPP is the most appropriate agency for the referral of the material.

The Commission does not intend to comment further at this stage.

End. (Click here to see on ICAC’s website)

Cunneen’s big lie

Margaret Cunneen has been telling the media since last year that she was being investigated by ICAC only because of a frivolous and vexatious complaint by her sister. The truth is it was a complaint by a Federal law enforcement agency which is certainly not a frivolous and vexatious complaint and needs to be fully investigated.

Cunneen would have been fully aware she was lying to the media and should be sacked for that alone. She was trying to make the investigation look trivial when it clearly wasn’t. A Federal law enforcement agency wouldn’t refer it to ICAC unless they have some very powerful evidence. The speculation is that they have phone taps which are probably of the corrupt Cunneen bragging to her boyfriend about committing a crime.

No more legal loopholes for Margaret Cunneen

Margaret Cunneen has tried all the dodgy legal maneuvers and even had support from the High Court but not even that has helped at the end of the day. But she does have support from her fellow criminals in the NSW Bar Association. They even voted Cunneen to The Bar Council late last year when she was under criminal investigation just like you would expect any organised crime body like the Mafia to do.

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18 replies »

  1. Hansard 1-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention),
    QUOTE Mr. OCONNER (New South Wales).-
    Because, as has been said before, it is [start page 357] necessary not only that the administration of justice should be pure and above suspicion, but that it should be beyond the possibility of suspicion;

    This is the basis of our federation and the states are created within s106 “subject to this constitution” and so the legal principles embedded in it. No lawyer, legal practitioner or otherwise, should be above the rule of law!

  2. And now the NSW DPP has requested the coroner inquiry into the Lindt cafe siege that they do not investigate whether former bail laws introduced by former NSW DPP prosecutor Greg Smith had any bearing on the gunman’s ability to conduct the siege. Well…

  3. Prosecutor Margaret Cunneen withdraws from murder trial after ICAC refers evidence to DPP

    Prosecutor Margaret Cunneen SC has withdrawn from a murder trial following an announcement by the corruption watchdog that it had referred evidence about her to the Director of Public Prosecutions to consider if she should be criminally charged.

    Click here to read more:

  4. Looks as though you are correct, Shane.

    Remember the other case of the guy who claimed he did not drive the car…….?

    Sometimes we win, but not often, this woman will try every possible way to get out of this, as of course she is sitting pretty for life with this highly paid job and her obscene pension.

  5. When we read these brilliant and exposing posts and we read that the whole FIFA soccer mob are ripping off other peoples money, how can we be shocked, the governments are corrupt the judiciary is corrupt the unions a wallowing in stolen money, bullying and lying their way out of jail. Everybody is jumping on the gravy train and couldn’t give a rat’s for the victims of their greed.

  6. How can the DPP dispassionately assess the evidence? Cunneen is an integral part of the DPP. This needs to be assessed by a retired, unaligned, interstate or British Judge. If prosecution is deemed appropriate then it must, of necessity, be conducted by no one having anything to do with the DPP, heard before an Interstate Judge drafted in.

  7. Are there any updates on this? I have more than a passing interest in Attempt to pervert and Perverting the course of justice. How can the agency that employs her be unbiased?

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