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The corruption watchdog has heard that a private investigator sent invoices for surveillance of a mayor to the Toplace construction company run by fugitive developer Jean Nassif.
A private investigator invoiced Jean Nassif’s development company $134,000 for surveillance of the former Strathfield mayor, with then-Labor councillor Sharangan Maheswaran convincing Toplace to pay the bill.
Maheswaran, who was also the lawyer for Toplace, said the surveillance work had a “tangential” connection to Nassif because then-mayor Matthew Blackmore had “linked up” with another individual who Maheswaran believed was targeting him because of his connection to the disgraced developer. The Independent Commission Against Corruption is investigating whether Maheswaran and his fellow Labor councillor Karen Pensabene engaged in blackmail and/or offences under the Surveillance Devices Act while waging a pressure campaign to force Blackmore to resign as mayor.
The commission heard on Tuesday Nassif’s daughter Ashlyn raised the payment to private investigator Shane De Kauwe as a personal expense for Maheswaran to cover but he convinced her Toplace should pay the invoices because he was already owed money.
“I believe that Toplace paid it on the basis that I was insisting that I need to get this paid, and I will offset it against other liabilities you owe me because I regard the targeting of me by this individual to be linked to Toplace Pty Ltd,” Maheswaran said. Maheswaran told the commission he only became aware De Kauwe was making covert audio recordings after the lawyer was provided with highly detailed notes.
He said when he asked De Kauwe to explain something in his surveillance notes, the private investigator said he would “go back and check”.
“That’s when it became apparent that he’d taken a recording. Now, Mr De Kauwe also said to me that he might record if there was obvious criminality involved and he said he was entitled to do so,” Maheswaran said. Maheswaran told the commission he then sought legal advice for himself about the legality of making these recordings, which he passed on to De Kauwe. He has been ordered to provide that advice to the commission.
However, last week De Kauwe told the commission he only began to make audio recordings of Blackmore after receiving legal advice from Maheswaran, and his understanding was if he suspected criminality, he could record the conversation. Maheswaran also offered to “stir up” Blackmore to try and capture damaging comments on a covert audio recording, the ICAC has heard. De Kauwe texted Maheswaran to let him know Blackmore was at a cafe.
Maheswaran told the commission he thought he could prompt Blackmore into talking about council-related matters, and “things I thought he was orchestrating on the council at that point”.
“Did we get caught? ” Pensabene asked. Maheswaran told the ICAC that Pensabene was aware of the surveillance but may not have been aware of the covert recordings.
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