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The Guardian - AU
The Guardian - AU
National
Benita Kolovos

Land deals, a death and a Melbourne council: why an Ibac probe became so controversial

Independent Broad-based Anti-Corruption Commission documents
The Independent Broad-based Anti-Corruption Commission (Ibac) examined the conduct of City of Casey councillors and that of a property developer. Photograph: Julian Smith/AAP

Victoria’s anti-corruption watchdog will soon release the findings of one of its most controversial investigations, into allegations of crooked land deals involving councillors and a property developer in Melbourne’s south-east.

The Independent Broad-based Anti-Corruption Commission (Ibac) investigation, Operation Sandon, was sparked by reports in the Age in late 2018 and allegations that John Woodman – a multimillionaire planning consultant and developer – was improperly influencing councillors in the City of Casey in an effort to get projects approved. Woodman has denied wrongdoing.

The investigation reached state parliament, with the premier, Daniel Andrews, reportedly grilled in private over his dealings with the developer.

A coroner recently found the wait between the hearings and final report affected the mental health of former Casey mayor Amanda Stapledon, who took her own life in January 2022.

Woodman, several Casey councillors, a Labor MP and lobbyists linked to both major parties gave evidence at public hearings, which began in November 2019.

In addition to pandemic-related delays, Woodman launched several legal challenges to prevent Ibac from publishing its findings.

Here’s what we know about the report.

What is the report about?

Ibac’s investigation centred largely upon Woodman’s effort to rezone land in Cranbourne West to make it residential, a move that would have increased its value by more than $100m and generated a windfall for him and the landowners.

Over the course of public hearings, Ibac heard councillors allegedly received “donations, gifts and benefits” as they considered the proposal.

Ibac’s forensic accountants estimate that two councillors – Sam Aziz and Geoff Ablett – allegedly received payments totalling more than $1.2m from Woodman’s consultancy company, Watsons Pty Ltd. The former received close to $900,000 and Ablett more than $330,000.

Both men deny wrongdoing. Aziz told the hearings he had invested in Woodman’s company and received monthly cash payments as “interest”. Ablett said Woodman offered to clear his credit card debt, and that other payments were for work done at Hawthorn Football Club and the upkeep of his horse Good Call, in which the developer had a part-share.

Former state Liberal MP Lorraine Wreford, who was hired by Woodman as a lobbyist, told the inquiry that she had delivered bags of cash to one of the councillors. Wreford has denied any wrongdoing, telling the Ibac she thought the cash exchange was a legitimate transaction.

According to counsel assisting Ibac, Michael Tovey KC, Woodman also poured $400,000 into political parties during state elections, donating almost $160,000 to Labor and about $60,000 to the Liberals in 2018.

Woodman also worked with a Labor lobbyist, Phil Staindl, and donated to the campaigns of then government ministers Luke Donnellan, James Merlino and Martin Pakula, who have all since retired, the inquiry heard. No allegations of wrongdoing have been made against the MPs or Staindl.

Woodman denied the donations were used to curry favour, telling the hearings the cash was intended to encourage “good governance”.

Ultimately, the proposed rezoning was rejected by the then planning minister, Richard Wynne in 2020. That year, the council was sacked by the state government and replaced with a panel of administrators, who will lead it until October 2024.

How was the premier involved?

This remains unclear. According to the Australian newspaper, Andrews was interviewed by Ibac in private over his association with Woodman. They reported the interview focused on their attendance at the same fundraising political functions, and whether the premier’s mobile phone number was given to Woodman.

Andrews has refused to comment on the report but maintains he always acted appropriately in his dealings with Woodman and other property developers.

In August last year, some correspondence between the premier and Woodman was tabled in parliament at the request of the opposition.

Most of the emails related to golf-day fundraisers supporting the Monash children’s hospital.

“The event will predominantly be attended by representatives from the property development industry, and they will be very keen to hear your comments and overview regarding the future of property development in Victoria,” Woodman said in an email to Andrews in late 2016.

What is expected to be contained in the report?

While Ibac has remained tight-lipped, state and local government figures have told Guardian Australia they are expecting the Ibac to criticise current and former state MPs from both major parties for their involvement with Woodman. The most serious findings, however, are expected to be aimed at City of Casey councillors.

It is expected recommendations may include changing the state’s laws to strip councillors of the power to make planning approvals.

Earlier this year, the premier, Daniel Andrews, revealed the government was looking at changes to its planning laws but framed them as part of “profound shake-up” of the system to increase housing supply rather than related to the Sandon investigation.

Why has it taken so long for the report to be released?

In early 2022, Woodman went to the supreme court to prevent Ibac from tabling its report, arguing he needed more time to respond to a draft version. His lawyers told the court the report was hundreds of pages long and mentioned him 1,450 times.

The case was heard in a closed court and the judgment was initially restricted from being published. In December, it was released by justice Tim Ginnane, who ordered Ibac to provide Woodman with some additional documents in order for him to respond.

He provided Ibac with his response in January 2023. In May, Woodman made a new attempt for a perpetual injunction to stop the report’s publication.

The bid was tossed out of court in June. Another bid to block the report’s release failed on Monday, clearing the way for the report to be released.

Why was Ibac’s conduct examined by a coroner?

Last month a coroner found the lengthy Ibac investigation adversely affected the mental health of the former Casey mayor, Stapledon, who died in January 2022.

Coroner David Ryan criticised Ibac for not informing the 58-year-old they did not intend to bring criminal proceedings against her.

“It is likely that her stress and anxiety would have been appreciably alleviated had she been informed that on the evidence before it, Ibac was not contemplating and did not intend to bring criminal proceedings against her or refer her to any prosecutorial body,” Ryan wrote in his findings.

He added that while Ibac sent a letter to Stapledon’s lawyers four days before her death outlining she would not be prosecuted, they did not read it before she died.

Following Stapledon’s death, the watchdog has developed a new witness welfare policy.

– with Australian Associated Press

• In Australia, the crisis support service Lifeline is 13 11 14. In the UK and Ireland, Samaritans can be contacted on freephone 116 123, or email jo@samaritans.org or jo@samaritans.ie. In the US, the National Suicide Prevention Lifeline is at 988 or chat for support. You can also text HOME to 741741 to connect with a crisis text line counselor. Other international helplines can be found at befrienders.org

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