Former NSW Labor ministers Eddie Obeid and Tony Kelly have criticised ICAC for significant delays in prosecuting criminal charges over alleged corruption from 14 years ago.
Obeid, Kelly, another ex-Labor minister Joe Tripodi and Kelly's former chief of staff Gilbert “Laurie” Brown have been slapped with criminal charges flowing from a corruption investigation into a controversial water infrastructure company.
The four men appeared in Downing Centre Local Court on Thursday where the Independent Commission Against Corruption was slammed for its snail pace prosecuting charges over conduct that allegedly took place in 2009.
Kelly's solicitor John Sutton said charges had only been brought in 2022 despite corrupt conduct findings made in 2017.
ICAC's 2014 inquiry examined infrastructure company Australian Water Holdings, finding the then-Labor MPs and Mr Brown engaged in serious corrupt conduct in relation to a lucrative public-private partnership proposal by the company.
Mr Sutton also criticised the NSW Director of Public Prosecutions for failing to provide a complete brief of evidence of the alleged corruption despite the matter being in the Local Court for over 12 months.
There had been six occasions where lawyers for all parties had to attend court since the charges had been brought in August last year, Mr Sutton told Magistrate Robert Williams.
"It is with great respect an embarrassment to this state that (ICAC) can be allowed to run such matters,” he said.
Obeid's solicitor Michael Bowe concurred, saying the accused were all "treading water" and could not progress in the case because they were still waiting on more material from ICAC.
Mr Williams adjourned the matters until October 26, ordering that ICAC write up an affidavit explaining the reasons for the delay.
The magistrate declined to order the DPP pay any wasted costs, but said an order like this could be made on the next occasion depending on what the affidavit said.
A case conference with all four accused will also be scheduled on October 26 to finalise any charges and pleas.
Obeid has been accused of trying to influence three former premiers Nathan Rees, Morris Iemma and Kristina Keneally, former treasurer Michael Costa and former water minister Phillip Costa to promote the interests of Australian Water Holdings.
Kelly and Tripodi are accused of creating a draft cabinet minute containing allegedly untrue or inaccurate "facts" to support a proposal the NSW government enter into a public-private partnership with the water infrastructure firm.
