A former Hurstville Councillor has told the Independent Commission Against Corruption that he witnessed a property developer hand over an envelope said to contain $10,000 to then deputy mayor, Con Hindi and asked him not to help other developers in the tender process for the purchase of the council's Gloucester Road car park.
The ICAC is investigating whether, between 2014 and 2021, then Hurstville Council and later Georges River Council Councillors Con Hindi and Vince Badalati, and then Hurstville Councillor Philip Sansom, sought and/or accepted benefits as an inducement to favour the interests of Ching Wah (Philip) Uy, Wensheng Liu and Yuqing Liu, in relation to planning matters affecting 1-5 Treacy Street; and 53-57 Forest Road, 108-126 Durham Street and 9 Roberts Lane, Hurstville (the Landmark Square development).
The commission is also investigating that between 16 November, 2011 and 9 July, 2012, Ching Wah Uy, also known as Philip Uy, corruptly gave $10,000 cash to the Hurstville Councillor Constantine Hindi as a reward or inducement for Mr Hindi to partially and dishonestly exercise his official functions to favour the interests of Uy and Wensheng Liu in relation to Gloucester Road car park.
The ICAC was told that the council received an unsolicited offer from company, GR Capital to purchase the council-owned Gloucester Road car park in 2011.
Instead the council refused the offer decided to go to competitive tender.
On Wednesday (June 28) former Hurstville Councillor Clifton Wong told counsel for the ICAC, Ms Zelie Heger that in July, 2012 developer Philip Uy asked Mr Wong to arrange a meeting with Con Hindi.
From the transcript, Mr Wong said, "I called Mr Hindi and said to him that 'Philip Uy would like to have a coffee to catch-up.'"
Mr Wong and Mr Uy went to Mr Hindi's house in separate cars.
"We went into his house and Mr Hindi was there at the time, by himself," Mr Wong said.
"When we start a brief conversation, without warning, Philip Uy took out an envelope and give it to Mr Hindi and told Mr Hindi that Mr Liu is interested to submit tender for the Gloucester Road car park. And he asked him not to help other developer."
Ms Heger, "What did Mr Hindi do?"
Mr Wong, "He hold on the envelope and he just say 'thank you'. He did not open the envelope."
Ms Heger, "Could you see what was inside the envelope?
Mr Wong, "Yes, because it was not properly sealed or it wasn't sealed when he hold it. It flicked open a little bit."
Ms Heger, "And what was inside the envelope?"
Mr Wong, "I can see some green and brown notes in there."
Mr Wong was asked if he could give a rough estimate of how many notes were in the envelope.
"No, not at that moment because I wasn't told about this beforehand. I wasn't prepared to see that so didn't even know how to respond. I was just shocked and just sat there.
"I didn't want to stay long after what I saw. Then I noticed that Mr Hindi looked very tired too, so I said, 'Why don't we just leave?'
"When we were outside the house walking down the steps I asked Philip Uy, 'You just pay Con?' and he said, 'Yes, I don't want him to help other developer.' I asked him, 'How much did you pay him?' He said '$10,000.'
"And then he also said to me, that 'You took me here and you saw him take the money.' and after he said that to me I just froze."
Asked if he told anyone, Mr Wong said no. "I had already decided that it will be my last term (on council) and just don't want to get myself into trouble." Mr Wong retired from the council at the September, 2012 election.
Ms Heger, "Do you know where the money came from?"
Mr Wong replied, "No."
The council resolved on July 4, 2012 to accept a tender for the the car park from another company.
Mr Wong told the ICAC that Mr Uy was upset with the outcome.
A rescission motion was submitted by Councillors Philip Sansom, Con Hindi and Clifton Wong which was dealt with in closed session of council on July 25, 2012 and was supported.
Mr Wong said the decision divided the councillors.
Ms Heger read a text message, translated from Chinese, from Mr Uy to Mr Wong dated 17 October, 2012 which said, "Big Brother please help and see him as soon as possible. I need to pay my tax."
Asked to explain, Mr Wong said Mr Uy wanted the money back from Mr Hindi.
Mr Wong said he attempted to contact Mr Hindi a number of times without a reply.
Another message from Mr Uy, also dated 17 October, 2012 said, "He has made it so miserable for me, causing me huge loss."
The next day, another message from Mr Uy told Mr Wong, "Big Brother no need to chase him anymore. Brother Ping has lent to me. Let's think about it later."
A message on the same day from Mr Wong to Mr Uy said, "Can't just leave it like this. He has already betrayed us. Must pressure him otherwise we will go on to harm other people."
Mr Wong said he wanted Mr Uy to understand that, "I am not part of this. You want the money back, I help you to chase it back."
Mr Wong said he eventually spoke to Mr Hindi.
"I said Philip Uy want his money back because the tender didn't work out for him. He agreed and said 'Yeah, I will return it.'"
Ms Heger, "Did he return the money to you?
Mr Wong, "No, eventually not because afterwards Philip Uy keep saying that he didn't want it back. So to my knowledge it wasn't returned."
The hearing continues.
