Property tycoon Charif Kazal has lost his bid to have the Supreme Court declare that ICAC exceeded its jurisdiction when it handed down a corrupt conduct finding against him.

Corrupt conduct findings were made against Mr Kazal and Andrew Kelly, a former executive of the Sydney Harbour Foreshore Authority (SHFA), in December 2011.

ICAC said it was satisfied that Mr Kazal provided more than $11,000 for Mr Kelly's 2007 trip to the United Arab Emirates (UAE) and hinted about a job for him.

Mr Kazal did this with the intention to "influence Mr Kelly to exercise his official SHFA functions in a manner favourable to the Kazal business interests", it found.

But while the commission found Mr Kazal's conduct could constitute an offence, it also said there was not sufficient admissible evidence to prosecute him.

In a civil hearing before the NSW Supreme Court earlier this week, Mr Kazal's barrister Robert Sutherland, SC, said this created "tension", which invalidated the corrupt conduct finding as the two facts could not stand together.

Mr Kazal had called for a declaration that the commission's report was made "without jurisdiction or in excess of jurisdiction and was a nullity" and that the findings were "wrong in law".

But in a judgment handed down on Thursday, Justice Ian Harrison found that: "the validity of the Commission's finding of corrupt conduct ... is not tied to the certainty of a criminal conviction".

"The effect of Mr Kazal's submission would appear to be that in proceeding to a finding of corrupt conduct ... the Commission was not entitled to rely upon evidence that would be inadmissible in a criminal trial.

"The authorities do not support that proposition," he said.

In a hearing earlier this week, ICAC's barrister, Todd Alexis, SC, said the commission was not bound by the rules or practice of evidence as material gathered during an inquiry - such as a confession - could not always be used in subsequent criminal proceedings.

Mr Kazal's summons was dismissed with costs.

About News.net

Publishing Services International Limited (PSIL) is the publisher and operator of a worldwide network of online news sites dedicated to delivering fair, accurate and relevant reporting from a variety of the world’s most trusted sources – from the biggest cities to the smallest towns.

We deliver positive and powerful messages to our readers, providing up‑to‑the‑second news that matters to the individual.

Our promise is to serve communities and individuals worldwide, delivering information that hasn’t always been available to them. We will give them back a voice – a voice that’s empowering because it is theirs – and provide a platform to communicate between themselves and the world.

We believe people are not just generic demographics; they are individuals with their own preferences and curiosities. We are about understanding these individuals, listening to them, and serving them.

We are the new pioneering spirit of news – we’re not talking to everyone, we’re talking with every one.

If you want your news, your voice, your way, on your time – we’ve got news for you.

 

FAQs

Email

If you have any questions or concerns please email us on support@news.net

Phone

  • Australia, Toll Free 1-800-983-421
  • Hong Kong, Toll Free 800-906-187
  • Singapore, Toll Free 800-852-3871
  • USA/Canada, Toll Free 1-800-830-4132

Advertise With Us

Interested in being awesome?
Contact us by email or phone.

Cancel