Tony Kelly (politician) explained

Honorific-Prefix:The Honourable
Tony Kelly
Honorific-Suffix:ALGA
Office:Member of the
New South Wales Legislative Council
Term Start:17 September 1997
Term End:6 June 2011
Predecessor:Peter Watkins
Successor:Steve Whan
Office2:Minister for Planning
Term Start2:8 December 2009
Term End2:28 March 2011
Predecessor2:Kristina Keneally
Successor2:Brad Hazzard
Office3:Minister for Lands
Term Start3:3 June 2004
Term End3:28 March 2011
Predecessor3:Richard Amery
Successor3:Brad Hazzard
Office4:Minister for Infrastructure
Term Start4:8 December 2009
Term End4:28 March 2011
Predecessor4:Joe Tripodi
Successor4:Brad Hazzard
Birth Date:1948 8, df=yes
Birthname:Anthony Bernard Kelly
Nationality:Australian
Spouse:Anne Kelly
Children:2 sons

Anthony Bernard Kelly (born 25 August 1948) is an Australian former politician, who was a member of the New South Wales Legislative Council representing the Australian Labor Party from 1997 until 2011.

Following an investigation by the Independent Commission Against Corruption in 2011, it was found that Kelly engaged in corrupt conduct during the government purchase of a beach property in northern Sydney. Kelly did not face criminal charges.[1] The Director of Public Prosecutions decided that there was insufficient evidence to proceed with a prosecution for forgery and misconduct in public office.[2]

Early life and background

Kelly was educated at St Mary's Catholic School in Wellington, New South Wales, and at St Stanislaus' College in Bathurst, New South Wales.[3] He undertook further studies in local government administration at Mitchell College of Advanced Education, now Charles Sturt University.

Kelly worked for 20 years with the Wellington Council, becoming general manager.

Political career

Kelly entered the Legislative Council in September 1987 and served until the 1988 election,[4] which his party lost. Kelly re-entered the Council in September 1997 and was re-elected at the 2003 and 2011 elections for eight-year terms; resigning from the Council with immediate effect on 6 June 2011.[5] [6]

During his time in parliament, Kelly served as Minister Assisting the Minister for Natural Resources (Lands), 2003 to 2004; Minister for Local Government, 2003 to 2005; Minister for Emergency Services, 2003 to 2009; Minister for Rural Affairs, 2003 to 2008; Minister for Lands, 2004 to 2011; Minister Assisting the Minister for Natural Resources, 2005; Minister for Juvenile Justice, 2005 to 2008; Minister for Justice, 2005 to 2008; Minister for Police, 2008 to 2009; and Minister for Planning and Minister for Infrastructure, 2009 to 2011. He was Leader of the Government in the Legislative Council from 2003 to 2011.[4]

Unauthorised purchase of property at Currawong

ICAC Investigation

On 20 June 2011, the Independent Commission Against Corruption (ICAC) announced[7] that it would hold a public inquiry into matters arising from the purchase of property at Currawong, Pittwater, by the NSW Government.

ICAC held a public inquiry over 11 days in June and July 2011. The ICAC Commissioner, David Ipp, presided at the public inquiry, at which 21 witnesses gave evidence. ICAC concluded its investigation in mid-December. In sum, ICAC found that Kelly engaged in corrupt conduct with respect to the purchase of the property by the NSW Government.[1] The ICAC found that Kelly, as the then Minister for Lands, authorised the purchase even though he knew he was not authorised to do so, and that he backdated a letter to before the caretaker period of government commenced,[8] [9] knowing that it would be used by a public servant to falsely represent that written authority had been given to authorise the purchase.[10] [11] [12] The allegations generated significant publicity.[13] [14] That public servant was the Director General of the Department of Lands, Warwick Watkins. On release of the findings, the Labor Party immediately moved to terminate Kelly's membership.[15] [16]

ICAC's key findings were as follows:

ICAC's opinion was that the matter be referred to the Director of Public Prosecutions with respect to the prosecution of Watkins, Kelly and Costello for various criminal offences.[1]

Watkins claimed the letter to Kelly dated 25 February 2011 from the premier Kristina Keneally authorized the purchase of the site. However, ICAC found that the Premier's letter only authorized negotiations and did not authorize Watkins to purchase the site. ICAC reported that after the contract for purchase of the Currawong property was executed and exchanged on 15 March 2011. However, given the caretaker period of government when such actions are not to be undertaken, questions were soon raised within the government about whether the purchase was authorized. On 17 March 2011 the Director General of the Department of Premier and Cabinet NSW engaged the Internal Audit Bureau (IAB) to investigate Watkins' authority to purchase the site. The following day, the Director General stood Watkins down and met with Watkins where he was told that he had not been authorized to purchase the land. Subsequently Watkins contacted Kelly and asked if he would sign a letter – backdating it – confirming their alleged understanding that Watkins was authorized to purchase the Currawong property. The effect of the backdating of the letter was to convey that authority was given on 28 February 2011, prior to the exchange of contracts. Thus, the provision of the backdated letter to the IAB investigator finding that Watkins was authorized to execute the contracts for the purchase of the site by Kelly.

Director of Public Prosecutions' advice

In December 2011, the DPP advised ICAC that there was insufficient evidence to support criminal charges against Kelly. ICAC accepted the DPP's advice. Thus, prosecution of Kelly did not proceed. The DPP also advised against prosecuting Costello. Arising from ICAC's investigation and DPP advice, it was only Watkins that would face criminal charges.[18] [19]

Further corruption

In August 2017, Kelly, along with other former Labor ministers Eddie Obeid and Joe Tripodi, were found by ICAC to have prepared a "deceptive" cabinet minute to benefit the Obeid family. ICAC's Operation Credo, its investigation into Obeid-linked company Australian Water Holdings. ICAC found Tripodi was "doing Mr Obeid's bidding" in backing attempts by AWH to enter into a lucrative public-private partnership with the state government in 2010. ICAC reported that the Obeid family had a $3 million stake in AWH, despite their claims the money was advanced as a loan. ICAC recommended the DPP charge Kelly, Obeid, Tripodi and Gilbert Brown with misconduct while in public office, which is a criminal offence carrying a jail term, Brown was a senior member of Kelly's staff.[20] [21] [22] [23] [24]

See also

References

 

Notes and References

  1. News: Ex-Labor minister Tony Kelly may face charges . The Australian . 13 December 2011 . 19 December 2011 . Shanahan . Leo . 17 December 2011 . https://web.archive.org/web/20111217065807/http://www.theaustralian.com.au/national-affairs/state-politics/ex-labor-minister-may-face-charges/story-e6frgczx-1226220333110 . live .
  2. News: SMH. Nicholls. Sean. 1 August 2013. 31 July 2019. 31 July 2019. https://web.archive.org/web/20190731082100/https://www.smh.com.au/national/nsw/tony-kelly-escapes-prosecution-over-currawong-purchase-20130801-2r0vl.html. live.
  3. Web site: Inaugural Speech, Members . Hansard: New South Wales Legislative Council . Kelly . Anthony . Parliament of New South Wales . 23 June 2019 . 23 June 2019 . https://web.archive.org/web/20190623105434/https://www.parliament.nsw.gov.au/member/files/2118/Kelly.pdf . live .
  4. 2118 . Mr (Tony) Anthony Bernard Kelly . Yes . 23 June 2019.
  5. News: Former NSW minister Tony Kelly resigns . AAP . The Sydney Morning Herald . 6 June 2011 . 6 June 2011 . 24 September 2015 . https://web.archive.org/web/20150924210644/http://www.smh.com.au/nsw/former-nsw-minister-tony-kelly-resigns-20110606-1fov9.html . live .
  6. News: 6 June 2011 . Former NSW minister quits politics . dead . https://web.archive.org/web/20150116115733/http://www.abc.net.au/news/stories/2011/06/06/3236993.htm?site=sydney . 16 January 2015 . 6 June 2011 . ABC News.
  7. Web site: ICAC public inquiry into matters arising from Currawong property purchase . 20 June 2011 . Current investigations: Operation Napier . Independent Commission Against Corruption . 10 July 2011 . 16 July 2011 . https://web.archive.org/web/20110716163848/http://www.icac.nsw.gov.au/investigations/current-investigations/article/3877 . live .
  8. News: Kelly backdated letter at café, ICAC told . Tranter, Chi . The Sydney Morning Herald . 6 July 2011 . 10 July 2011 . 21 September 2012 . https://web.archive.org/web/20120921085857/http://news.smh.com.au/breaking-news-national/kelly-backdated-letter-at-cafe-icac-told-20110706-1h290.html . live .
  9. News: Paying the political price for Currawong . Shanahan, Leo . 12 July 2011 . The Australian . 12 July 2011 . 11 July 2011 . https://web.archive.org/web/20110711201556/http://www.theaustralian.com.au/news/features/paying-the-political-price-for-currawong/story-e6frg6z6-1226092654451 . live .
  10. News: ICAC has confirmed it will investigate former NSW Labor minister Tony Kelly over the sale of Currawong . AAP . 20 June 2011 . The Australian . 10 July 2011 . 8 August 2014 . https://web.archive.org/web/20140808072916/http://www.theaustralian.com.au/news/nation/icac-has-confirmed-it-will-investigate-former-nsw-labor-minister-tony-kelly-over-the-sale-of-currawong/story-e6frg6nf-1226078410047 . live .
  11. News: ICAC to investigate former minister Tony Kelly over purchase of Currawong . Nicholls, Sean . 20 June 2011 . The Sydney Morning Herald . 10 July 2011 . 24 July 2011 . https://web.archive.org/web/20110724051705/http://www.smh.com.au/nsw/icac-to-investigate-former-minister-tony-kelly-over-purchase-of-currawong-20110620-1gaqa.html . live .
  12. Web site: Former minister and ex-LPMA chief corrupt, finds ICAC. 12 December 2011. ICAC Media Releases. 31 July 2019. 31 July 2019. https://web.archive.org/web/20190731082104/https://www.icac.nsw.gov.au/media-centre/media-releases/2011-media-releases/former-minister-and-ex-lpma-chief-corrupt-finds-icac. live.
  13. News: Labor hit by property scandal . Nicholls, Sean . 22 March 2011 . The Sydney Morning Herald . 10 July 2011 . 31 August 2011 . https://web.archive.org/web/20110831135248/http://www.smh.com.au/nsw/labor-hit-by-property-scandal-20110321-1c3we.html . live .
  14. News: Former planning minister Tony Kelly vowed to delve into land sale probe . Shanahan, Leo . 8 July 2011 . The Australian . 10 July 2011 . 8 August 2014 . https://web.archive.org/web/20140808143113/http://www.theaustralian.com.au/national-affairs/former-planning-minister-vowed-to-delve-into-land-sale-probe/story-fn59niix-1226090194292 . live .
  15. News: Ex-minister faces forgery charge over $12m property buy: ICAC . 12 December 2011 . 19 December 2011 . The Sydney Morning Herald . 7 January 2012 . https://web.archive.org/web/20120107134041/http://www.smh.com.au/nsw/exminister-faces-forgery-charge-over-12m-property-buy-icac-20111212-1oqb8.html#ixzz1gyHEwh6u . live .
  16. News: Kelly engaged in corrupt conduct, ICAC finds . ABC News . 12 December 2011 . 19 December 2011 . Foschia . Liz . 21 December 2011 . https://web.archive.org/web/20111221193054/http://www.abc.net.au/news/2011-12-12/kelly-engaged-in-corrupt-conduct2c-icac-finds/3725730 . live .
  17. ICAC, 2011. ICAC REPORT Investigation into the unauthorised purchase of property at Currawong by the Chief Executive of the Land and Property Management Authority, December 2011. www.icac.nsw.gov.au
  18. Web site: Tony Kelly escapes prosecution over Currawong purchase. August 2013. 31 July 2019. 31 July 2019. https://web.archive.org/web/20190731082100/https://www.smh.com.au/national/nsw/tony-kelly-escapes-prosecution-over-currawong-purchase-20130801-2r0vl.html. live.
  19. News: No charges to be laid against former NSW minister Tony Kelly despite ICAC finding he was corrupt - ABC News. ABC News. August 2013. 25 July 2020. 12 August 2020. https://web.archive.org/web/20200812164758/https://www.abc.net.au/news/2013-08-01/no-charges-to-be-laid-against-tony-kelly/4859078. live.
  20. Corruption Matters. ICAC NSW. 50. October 2017. 25 July 2020. 19 October 2020. https://web.archive.org/web/20201019105607/https://www.icac.nsw.gov.au/newsletter/issue50/credo.html. live.
  21. Web site: Icac finds that Eddie Obeid, Joe Tripodi and Tony Kelly engaged in corrupt conduct. The Guardian Australia. 3 August 2017. 25 July 2020. 25 July 2020. https://web.archive.org/web/20200725052000/https://www.theguardian.com/australia-news/2017/aug/03/icac-finds-that-eddie-obeid-joe-tripodi-and-tony-kelly-engaged-in-corrupt-conduct. live.
  22. Web site: Tony Kelly among trio caught up in corruption findings. Wellington Times. 3 August 2017. 25 July 2020. 25 July 2020. https://web.archive.org/web/20200725054418/https://www.wellingtontimes.com.au/story/4830930/tony-kelly-among-trio-caught-up-in-corruption-findings/. live.
  23. Web site: Ex-Labor ministers Joe Tripodi and Tony Kelly may face jail over bid to enrich Eddie Obeid. Sydney Morning Herald. 3 August 2017. 25 July 2020. 25 July 2020. https://web.archive.org/web/20200725061629/https://www.smh.com.au/national/nsw/exlabor-ministers-joe-tripodi-and-tony-kelly-found-corrupt-in-bid-to-enrich-eddie-obeid-20170802-gxo4ux.html. live.
  24. News: ICAC Operation Credo report: fresh corruption findings against Obeid, Tripodi and Kelly . Sydney Morning Herald . 3 August 2017 . 25 July 2020 . 25 July 2020 . https://web.archive.org/web/20200725050213/https://www.smh.com.au/national/nsw/icac-operation-credo-report-fresh-corruption-findings-against-obeid-tripodi-and-kelly-20170803-gxo7zy.html . live .

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