INVESTIGation INTO THE CONDUCT OF certain CITY OF RYDE COUNCILLORS AND OTHERS ICAC REPORT JUNE 2014 INVESTIGation INTO THE CONDUCT OF certain CITY OF RYDE COUNCILLORS AND OTHERS ICAC REPORT JUNE 2014 This publication is available on the Commission’s website www.icac.nsw.gov.au and is available in other formats for the vision-impaired upon request. Please advise of format needed, for example large print or as an ASCII file. ISBN 978-1-921688-55-3 © June 2014 – Copyright in this work is held by the Independent Commission Against Corruption. Division 3 of the Copyright Act 1968 (Cwlth) recognises that limited further use of this material can occur for the purposes of “fair dealing”, for example study, research or criticism, etc. However if you wish to make use of this material other than as permitted by the Copyright Act, please write to the Commission at GPO Box 500 Sydney NSW 2001. Level 21, 133 Castlereagh Street Sydney, NSW, Australia 2000 Postal Address: GPO Box 500, Sydney, NSW, Australia 2001 T: 02 8281 5999 1800 463 909 (toll free for callers outside metropolitan Sydney) TTY: 02 8281 5773 (for hearing-impaired callers only) F: 02 9264 5364 E: [email protected] www.icac.nsw.gov.au Business Hours: 9.00 am - 5.00 pm Monday to Friday © ICAC The Hon Don Harwin MLC The Hon Shelley Hancock MLA President Speaker Legislative Council Legislative Assembly Parliament House Parliament House Sydney NSW 2000 Sydney NSW 2000 Mr President Madam Speaker In accordance with s 74 of the Independent Commission Against Corruption Act 1988 I am pleased to present the Commission’s report on its investigation into the conduct of certain City of Ryde councillors and others. Assistant Commissioner Theresa Hamilton presided at the public inquiry held in aid of the investigation. The Commission’s findings and recommendations are contained in the report. I draw your attention to the recommendation that the report be made public forthwith pursuant to s 78(2) of the Independent Commission Against Corruption Act 1988. Yours sincerely The Hon Megan Latham Commissioner © ICAC Contents Summary of investigation and results 6 Mr Petch’s conduct 24 Results 6 Mr Petch’s appearance at the Commission 27 Recommendation that this report be made public 9 Corrupt conduct 28 Section 74C(2) recommendation 29 Chapter 1 : Background 10 Section 74A(2) statements 29 How the investigation came about 10 Why the Commission investigated 10 Chapter 4 : Release of confidential information to assist Mr Goubran 31 Conduct of the investigation 10 The public inquiry 11 The property in College Street, Gladesville 31 The City of Ryde 11 The use of the DPI advice 31 Ivan Petch 11 How did the information make its way to Mr Goubran? 32 Corrupt conduct 34 Chapter 2: Approach and offer to Mr Neish 12 Section 74C(2) recommendation 35 The plan to redevelop the Ryde civic precinct 12 Section 74A(2) statement 35 The involvement of Mr Abboud 13 Chapter 5: Attempt to influence the acting The involvement of Mr Petch 16 general manager 36 Corrupt conduct 18 The Supreme Court proceedings 36 Section 74C(2) recommendation 20 Ms Dickson’s role 37 Section 74A(2) statements 20 Discussion between Mr Petch and Mr Salvestro-Martin 37 Chapter 3: The attempts to remove Mr Neish 22 Mr Belling’s advice 38 The extraordinary general meeting of 23 July 2012 22 Mr Petch talks with Ms Dickson 38 The September 2012 election 22 Corrupt conduct 39 The discovery of adult material on Mr Neish’s computer 23 Section 74C(2) recommendation 40 The Council’s code of conduct 24 Section 74A(2) statement 40 4 ICAC REPORT Investigation into the conduct of certain City of Ryde councillors and others Chapter 6: Mr Petch’s failure to disclose 42 Chapter 9: The approach to Mr Pickering by Richard Henricus 60 Disclosure requirement 42 826 Victoria Rd, Ryde 60 The loan by Mr Petch to Mr Booth 42 Mr Henricus 60 Corrupt conduct 44 Mr Henricus visits Mr Pickering 61 Section 74A(2) statement 44 Corrupt conduct 63 Chapter 7: Further releases of confidential Section 74A(2) statement 63 information by Mr Petch 46 Waste contract information 46 Chapter 10: Changes to legislation 65 The Ryde Concerned Citizens Association 48 Appendix 1: The role of the Commission 67 Mr Mahony’s conduct 49 Corrupt conduct 50 Appendix 2: Making corrupt conduct findings 68 Section 74A(2) statement 50 Chapter 8: Political advertising 51 The legislation 51 The advertisements benefiting Mr Petch 51 The saveryde.com advertisements 53 The source of the saveryde.com advertisements 55 Corrupt conduct 58 Section 74A(2) statements 58 Mr Booth 59 ICAC REPORT Investigation into the conduct of certain City of Ryde councillors and others 5 Summary of investigation and results This investigation by the NSW Independent Commission In addition to the allegations concerning Mr Petch, the Against Corruption (“the Commission”) concerned a Commission also investigated an allegation that Richard number of allegations primarily concerning Ivan Petch, a Henricus, a contractor performing work for The Weekly councillor of the City of Ryde Council (“the Council”), Times newspaper, approached Bill Pickering, a councillor who also served as mayor of Ryde between September of the Council, and told him that, if he agreed to support 2012 and September 2013. a development application lodged by John Booth, owner and managing editor of The Weekly Times, Mr Henricus The Commission investigated allegations that Mr Petch: would ensure that The Weekly Times printed favourable • organised for an offer to be conveyed to John newspaper articles about Mr Pickering. Neish, then general manager of the Council, that his job would be safe after the September 2012 Results local government elections if he agreed to take certain steps to delay the proposed Ryde civic Chapter 2 of the report contains a finding that John precinct redevelopment Goubran engaged in corrupt conduct by arranging through Tony Abboud to convey a threat to Mr Neish implying • attempted to publicly embarrass Mr Neish and that Mr Neish’s position of general manager of the Council force his resignation from Council by leaking would not be safe after the 2012 local government confidential information elections unless Mr Neish agreed to establish a community • attempted to influence Danielle Dickson, then consultative committee to consider the Ryde civic precinct acting general manager of the Council, by stating redevelopment. The ultimate result of the establishment of that she needed to authorise the payment of legal this committee would be that the redevelopment would be fees by the Council in exchange for his support delayed until after the local government elections. for her appointment as the permanent general Chapter 2 also contains a finding that Mr Petch engaged manager in corrupt conduct by arranging, through Mr Goubran, to • failed to disclose a pecuniary interest in relation convey a threat to Mr Neish, as outlined above. to a local newspaper when the Council was considering a motion that would benefit that Chapter 3 of the report contains a finding that Mr Petch newspaper engaged in corrupt conduct by releasing confidential information concerning the discovery of adult material on • released confidential, and in some cases Mr Neish’s computer to various people in an attempt to commercially sensitive, Council information to his encourage its reporting in the media so as to undermine associates, either for their benefit or his own. Mr Neish’s credibility and reputation and to cast doubt on The Commission also investigated an allegation that his suitability to serve as the Council’s general manager. Mr Petch and fellow councillors Justin Li, Jeffrey Chapter 4 of the report contains a finding that Mr Petch Salvestro-Martin and Terry Perram and former councillor engaged in corrupt conduct by deliberately releasing Victor Tagg breached the Election Funding, Expenditure confidential advice from the Department of Planning and Disclosures Act 1981 (“the EFED Act”) in relation to and Infrastructure (DPI) to Anthony Stavrinos on newspaper advertising that appeared in the lead up to the 26 November 2012 and an email from the Council’s group 2012 local government elections. 6 ICAC REPORT Investigation into the conduct of certain City of Ryde councillors and others manager of environment and planning to Norman Cerreto his opposition to a development application lodged by Mr on 27 June 2012, in both cases with the intention that the Booth in relation to the property on which the office of information would be provided to Mr Goubran and used by The Weekly Times was located. him for his benefit. Statements are made in the report that the Commission Chapter 5 of the report contains a finding that Mr Petch is of the opinion that consideration should be given to engaged in corrupt conduct in May 2013 by attempting to obtaining the advice of the Director of Public Prosecutions improperly influence Ms Dickson to resolve in favour of six (DPP) with respect to the prosecution of the following defendant councillors (of which he was one) an ongoing persons for the specified criminal offences: costs dispute in relation to Supreme Court of NSW proceedings in which the Council was involved, by making Ivan Petch a threat implying that if she did not do so, he and his fellow defendant councillors would not support her application to 1. The common law offence of misconduct in public be appointed as the Council’s general manager. office in relation to his handling of the discovery of adult material on Mr Neish’s computer and his Chapter 6 of the report contains a finding that, at the attempts to leak the material to the media.