Wednesday 24 December 2014

IN LIMBO: NSW Independent Commission Against Corruption reports on Operation Credo & Operation Spicer investigations


To misquote a well known saying; the mills of justice grind slowly. So it is likely that voters in New South Wales will cast their ballots in the 28 March 2015 state election without knowing the Commission's recommendations regarding those politicians, political staffers and businessmen identified as having behaved in an allegedly corrupt manner.

These three media releases and one newspaper article encapsulate the legal difficulties facing current and possibly future corruption investigations by the NSW Independent Commission Against Corruption.

ICAC Operation Hale public inquiry
Friday 5 December 2014

Today's majority decision of the NSW Court of Appeal with respect to the NSW Independent Commission Against Corruption (ICAC)'s Operation Hale public inquiry fundamentally affects the scope of the Commission's powers to conduct investigations into corrupt conduct.
It is critical to the exercise of the Commission's powers generally that the construction of section 8 of the ICAC Act is settled.
Accordingly, the ICAC will seek leave to appeal to the High Court of Australia.
The Commission will be making no further comment at this stage.
Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801

Statement regarding Operations Credo and Spicer
Friday 5 December 2014

The majority decision in Cunneen v ICAC [2014] NSWCA 421 fundamentally alters the basis of the Commission's powers with respect to significant parts of Operations Credo and Spicer.
 The Commission is seeking special leave in the High Court of Australia as a matter of urgency.
 Until the proceedings are resolved, the Commission will not complete the reports in Operations Credo and Spicer.
 The Commission will be making no further comment at this stage.

Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801


COURTROOM, LEVEL 23
Law Courts Building, Queen's Square, Sydney

FRIDAY, 12 DECEMBER 2014
AT 2:15 PM
BEFORE HIS HONOUR CHIEF JUSTICE FRENCH

INDEPENDENT COMMISSION AGAINST CORRUPTION V CUNNEEN & ORS

Matt Grey
Deputy Registrar

The Sydney Morning Herald 12 December 2014:

The High Court is set to have the final say about whether the Independent Commission Against Corruption can investigate Crown prosecutor Margaret Cunneen over allegations she perverted the course of justice.

Chief Justice Robert French on Friday referred the commission's application for special leave to appeal a ruling shutting down its investigation into Ms Cunneen, SC, to the full court of the High Court, which will hear the appeal in March.

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