The NSW Independent Commission Against Corruption (ICAC) has found that former Hurstville and Georges River councillors Vincenzo Badalati, Constantine Hindi, Philip Sansom and property developer Ching Wah (Philip) Uy engaged in 'serious corrupt" conduct.
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The ICAC will now seek the advice of the Director of Public Prosecutions (DPP) on whether any prosecution should be commenced against the individuals
ICAC released released the findings of its investigation, called Operation Galley, on Wednesday, August 30.
The investigation examined the conduct of then councillors Badalati, Hindi and Sansom in making decisions in relation to planning applications regarding two developments in Hurstville, and the conduct of three individuals - Ching Wah (or Philip) Uy, Wensheng Liu and Yuqing Liu - in their interactions with those councillors.
The Commission found that Mr Badalati engaged in serious corrupt conduct by: travelling to Tangshan, China, in April 2016 in circumstances where he knew his status as a public official with Hurstville Council would be misused for the purpose of endorsing and promoting the Treacy Street and Landmark Square developments in the interests of One Capital Group Pty Ltd, Wensheng Liu, Yuqing Liu and Mr Uy.
- accepting benefits associated with his trip including accommodation, flights and transfers.
- accepting the sum of $70,000 from Mr Uy in 2015 in relation to the Treacy Street development and $100,000 in 2018 in relation to the Landmark Square development to favour the interests of Mr Uy and the proponents of the Treacy Street and Landmark Square developments.
The Commission found that Mr Hindi engaged in serious corrupt conduct by: travelling to Tangshan, China, in April 2016 in circumstances where he knew his status as a public official with Hurstville Council would be misused for the purpose of endorsing and promoting the Treacy Street and Landmark Square developments in the interests of One Capital, Wensheng Liu, Yuqing Liu and Mr Uy.
- accepting the following benefits associated with his trip to China in April 2016 - flights, accommodation and transfers.
- accepting the sum of approximately $70,000 from Mr Uy in 2015 in relation to the Treacy Street development and $100,000 in 2018 in relation to the Landmark Square development in each case as an inducement or reward to use, or for having used, his position as a councillor of Hurstville Council and and later Georges River Council to favour the interests of Mr Uy and the proponents of the Treacy Street and Landmark Square developments.
- deliberately failing to disclose his pecuniary interest in the Landmark Square planning proposal, by virtue of Mrs Hindi's interest in that development through a Buyer's Agency Agreement (BAA) between One Capital and Mrs Hindi's real estate agency under which Mrs Hindi stood to gain $500,000 ex GST.
- his significant non-pecuniary interest in the developments by virtue of his relationship with Mr Uy and Wensheng.
The Commission found that Mr Sansom engaged in serious corrupt conduct by:
- attending a meeting of HCC on 19 November 2014 at which the Treacy Street VPA proposal was considered and voting in favour of the Treacy Street VPA proposal but deliberately failing to disclose his significant non-pecuniary interest in the development by virtue of his relationship with Mr Uy.
- attending a meeting of Hurstville Council on 20 April 2016 at which the Landmark Square planning proposal and the VPA offer for the Treacy Street modification application were considered and voting in favour of the Landmark Square planning proposal and the Treacy Street modification but deliberately failing to disclose his significant non-pecuniary interest in the developments by virtue of his relationship with Mr Uy and Wensheng Liu.
- accepting payment from Mr Uy for his and Mr Sansom's partner Wang Hui's return flights for a trip to China in March and April 2014 in circumstances where he knew such payment was intended to influence him in carrying out his official functions including in relation to the Treacy Street and Landmark Square developments.
The Commission found that Mr Uy engaged in serious corrupt conduct by providing the payment for flights to China and accommodation and transfers to Mr Badalati, Hindi and Samsom, and
- providing payments of $70,000 and $100,000 each to Mr Badalati and Mr Hindi.
ICAC Recommendations:
The Commission seeks the advice of the Director of Public Prosecutions (DPP) on whether any prosecution should be commenced.
The DPP determines whether any criminal charges can be laid and conducts all prosecutions.
The Commission said considersation should be given to obtaining the advice of the Director of Public Prosecutions (DDP) about the prosecution of Mr Badalati, Mr Hindi, Mr Uy, Mireille Hindi (Mr Hindi's wife) and Mr Sampson for various offences.
