The ICAC is now seeking the advice of the director of the Public Prosecutor’s Office on whether to initiate criminal proceedings against Sidoti.
“The commission is of the opinion that consideration should be given to obtaining the DPP’s advice regarding the prosecution of Mr Sidoti for the crime of misconduct in a public office,” his statement said on Wednesday.
The watchdog began a public investigation in late March 2021 about whether Sidoti misused his position by lobbying to redistribute the Five Dock blocks, where his parents owned property, despite that experts found that the changes he sought in the western inner suburb were not in the public interest.
Several properties linked to government MP John Sidoti are just meters from the proposed location for one of the seven new metro stations. Credit: SMH
The final ICAC report, released on Wednesday, found that Sidoti was emailing, phoning and looking for meetings with councilors persistently before each board meeting at which relevant planning issues were to be discussed.
He also directed the attendance of councilors at meetings, reprimanded them for not attending, and hinted that their positions on the Bay Council of Canada could be threatened if they did not advance the positions he wanted.
When councilors refused to comply, Sidoti withdrew his endorsement for those running in the 2017 council elections.
The investigation heard evidence of an incident in 2016 in which Sidoti met with Liberal councilor Mirjana Cestar while exercising in Bay Run and threatened her position on the council if she did not take her position on the repartition of a block in Five Dock.
Properties on Great North Road, Five Dock, linked to Drummoyne MP John Sidoti. Credit: Sam Mooy
Sidoti claimed to represent the concerns of unspecified voters, the local business community or “many of the small shopkeepers” when he advocated for increasing space ratios in the city center. But, when asked during the consultation, he was unable to identify any of the shopkeepers he was advocating for.
Instead, the commission found “that the results it was pursuing were aimed at pursuing its family’s property interests” and incompatible with the public interest.
“The results Sidoti wanted these councilors to provide were fully aimed at his private interest in increasing the development potential of his family’s growing number of properties in and around the city center,” the statement said. ICAC.
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The key recommendations of the integrity body include changes that require deputies to disclose their interests in trusts, as well as the interests of immediate relatives. The ICAC also recommended changes to the guidelines governing council lobbying.
Preliminary dog watch investigation into Sidoti began in 2019 after then-Labor leader Jodi McKay submitted allegations that he had not revealed his property interests as required by the ministerial code of conduct. He launched a full investigation in December of that year.
The ICAC found on Wednesday that Sidoti did not declare its interests in the ownership of Five Dock between March 2011 and 2017, but this did not constitute a substantial breach of the code.
During four weeks of public hearings, the commission heard evidence from former Liberal councilors, party power Joe Tannous, Sidoti-linked town planners, his accountant and his wife. None of the witnesses were investigated for the investigation.
Sidoti previously rejected allegations that he fostered a “master-server” relationship with counselors and threatened their jobs if they did not vote in favor of his family’s agenda.
He switched to cross-banking in March last year amid the corruption investigation, and issued a statement saying his presence in the Liberal Party room could be a distraction.
On Wednesday, Sidoti said he believed in a solid anti-corruption body, but that the ICAC had failed to “interview people at crucial meetings to support what it had stated. [and] he did not pursue exculpatory evidence ”.
Key points explored by the ICAC probe
- If Sidoti misused confidential government information about Sydney Metro North West or Sydney Metro West projects related to the rezoning of land he or his family owned in Rouse Hill and Five Dock.
- If Sidoti tried, or did, improperly influence someone to dishonestly or partially perform his official duties by disclosing confidential government information related to subway projects.
- If Sidoti failed to fulfill his disclosure obligations as a deputy, parliamentary secretary and minister over his economic and other interests.
- If local councilors exercised their functions dishonestly and / or partially by advancing changes in development controls to favor Sidoti or his family.
- That Sidoti tried, or did, to unduly influence councilors to perform their official duties dishonestly and / or partially to further their interests or those of their family.
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