Mr Taousanis apparently twisted the victim’s arm to cause the fracture. Such a request adversely affected the impartial exercise by Prison Officer Sua of his official functions within the meaning of s. However, I pause here to reflect upon the gravity of Prison Officer Sua’s conduct. The principal functions of the Commission, as specified in s. The version given by Attallah was somewhat different. He was then 26 years old. It should not be forgotten, however, that a person is sent to prison primarily as punishment, not for punishment.

The principal functions of the Commission, as specified in s. Clark, issued a Local Order which stipulated that officers were not permitted to take bags beyond the front gate, except food which could be taken into the centre in a plastic bag. I am satisfied that at sometime on 5 September , Prison Officer Sua had a conversation with a prisoner whom I will identify as Prisoner X. On the assumption that Prison Officer Sua was a sane, intelligent and rational individual which I believe he was, why would he have implicated Kontorinakis at all in his conduct? Aurananthy which was tendered in evidence indicates that Dabbous stated that he received fist and boot injuries to his head and was complaining of a painful right cheek and left chest wall. I just do not know, although it is unlikely that Kontorinakis did not have some purpose of his own in making such payments. So too would the offering of a bribe by any person to a public official in such circumstances, the dishonest or partial exercise of a power conferred, a breach of public trust by a public official in gaining a secret commission or advantage from his or her office and the misuse of information acquired by a public official in the course of his or her official functions.

To some extent, Prison Officer Sua’s description of Attallah’s activities in the Bankstown area is also corroborated in admissions made by Attallah himself.

Scruffy’s plans to double in size

Clark, issued a Local Order which stipulated that officers were not permitted to take bags beyond the front gate, except food which could be taken into the centre in a plastic bag. On the other hand, contact can be of a more nefarious nature. I just do not know, although it is unlikely that Kontorinakis did not have some purpose of his own in making such payments. Tendered in evidence were a number of instructions issued by the Department on the entry and exit from correctional centres, and the searching of articles carried by Prison officers.

He subsequently confirmed that the meeting had occurred when Dabbous was on bail. Nevertheless they were unacceptable. It could also pose a direct security risk to those within the correctional centre, including prison officers.


These rules exist partly to enforce the concept of punishment, but also, and most importantly, to ensure there are reasonable standards of safety for other inmates and officers of the Department. It is common ground that Attallah had an interest in a gambling club at Beamish Street, Campsie where Attallah would gamble, and sydnry another club in Marrickville.

In view of the fact that Prison Officer Sua has already been dismissed no recommendation is made that consideration be given to the taking of action to dismiss or discipline any person. The evidence on the duration of this employment is inconclusive. We pulled up and I got out. It was recognised that corruption in the public service not only undermines confidence in the bureaucracy, but also has a detrimental effect upon the confidence of the community in the processes of democratic government, at least at the level of government in which that corruption occurs.

He invited Prison Officer Sua and his family to Attallah’s home for a barbecue. If such power is abused then there is little that a prisoner can do to prevent the consequences or seek effective redress.

Prison Officer Sua and Mr Kontorinakis Not only is it difficult to detect but, as the evidence before me demonstrated, it exists because of the peculiar vulnerability of prisoners once they are within the system.

In isolation it may not have been so but taken in combination with Prison Officer Sua’s help in relation to Mr Cross’ motor vehicle, it further compromised him in relation to the discharge of his official functions cknema the extent that they concerned Mr Cross, perhaps other prisoners, if they became aware of his assistance and, conema Prison Officer Sua’s own admission, other prison officers.

I asked Joe Attallah to settle the differences, there’s no reason to fight. Importantly the code counsels officers to goulburnn situations which might give the impression et an association in their private lives, whether pecuniary or otherwise, conflicts or could reasonably be thought to conflict, with their public duty.

Section 9 2 of the ICAC Act stipulates that it is of no consequence that proceedings or action for an offence can no longer be brought or continued or that action for dismissing, dispensing or other termination can no longer be taken. In addition, there is no right of appeal against findings of fact made by the Commission nor, excluding error of law relating to jurisdiction or procedural fairness, is there any appeal against a determination that a person has engaged in corrupt conduct.


They said if I was there it probably wouldn’t have happened, Joe Attallah just went off his head and he took other boys with him and they went up and started chasing him. Corrupt conduct is defined in s.

Scruffy Murphy’s to Expand – The Shout

At the practical level, the failure of public officials to live up to the standards set by the Act can have dramatic consequences not only upon the machinery of executive Government but also upon the wider community. Perhaps one could say with hindsight that Bushell should have taken steps to notify an Assistant Commissioner of what had occurred so that an Assistant Commissioner could take appropriate action.

I ask him if he had any problems, if he needed protection or if anybody is standing over him and that. The departmental Code of Conduct provides a framework for appropriate conduct by officers in a et of contexts.

His demeanour was such gooulburn I formed the view that he did not take seriously the proceedings before the Commission. Prison officers must always be on guard to ensure that their relations with prisoners, and even associates of prisoners, do not transgress professional boundaries.

There are no other findings of corrupt conduct.

Such a construction is equally applicable to ss. Nevertheless there was abundant evidence, including his own admissions, to establish that Prison Officer Sua had trafficked alcohol, food, “tablets”, a mobile telephone, and other miscellaneous items into correctional centres.

On that day, he pleaded guilty to a charge of maliciously inflicting grievous bodily harm with intent to inflict grievous bodily harm. His mother deserted him. And she said for me to wait, she was going to ring the other son and I said no. This publication is available in other formats for the vision impaired upon request.

Kontorinakis was transferred out of the Remand Centre on 15 December and according to Prison Officer Sua, upon the transfer he was informed by Kontorinakis’ lawyer that his services were no longer required at the Eros Club.

The smuggling of contraband to Mr Kontorinakis It may affect the individual personally, professionally or in employment, as well as in family and social relationships. And he walked in his cell and he had about 40 fits and some Deca and some Stanizol sic.