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Sentenced for receiving undisclosed gratuities

Media Release

1 September 2016

Sentenced for receiving undisclosed gratuities

Barrie Kenneth James George has been sentenced in the Auckland High Court today on charges of bribery and corruption laid by the Serious Fraud Office (SFO).

The former employee of Auckland Transport and Rodney District Council pleaded guilty in August to his part in a case of alleged bribery and corruption by former employees of Auckland Transport and Rodney District Council.

Mr George received a sentence of 10 months’ home detention for offences totalling totalling $103,580.54.

Mr George had been employed as an engineer at Rodney District Council since 1974 and then as a senior manager at Rodney District Council and Auckland Transport where he was responsible for leading the delivery of maintenance and renewal works until 2013.

From December 2005 to June 2013, Mr George admitted to receiving undisclosed gratuities while in various engineering and management roles. The gratuities often came in the form of cash, travel, accommodation and entertainment.

The two remaining defendants, Stephen James Borlase, and Murray John Noone are to stand trial later this year.

ENDS


Note to editors

Background information

Auckland Transport is a Controlled Organisation (CCO) of Auckland Council. The organisation combines the transport expertise and functions of eight local and regional councils and the Auckland Regional Transport Authority (ARTA).

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Auckland Transport is responsible for all of the region’s transport services from roads and footpaths, to cycling, parking and public transport.

Rodney District Council was disestablished in October 2010 to become part of Auckland Council.

Crimes Act offences
Section 105 Corruption and bribery of official

(1) Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her official capacity.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by him or her in his or her official capacity.

About the SFO

The SFO was established in 1990 under the Serious Fraud Office Act in response to the collapse of financial markets in New Zealand at that time.

The SFO’s role is the detection, investigation and prosecution of serious or complex financial crime. The SFO’s focus is on investigating and prosecuting criminal cases that will have a real effect on:

• business and investor confidence in our financial markets and economy

• public confidence in our justice system and public service

• New Zealand’s international business reputation.

The SFO operates three operational teams; the Evaluation and Intelligence team along with two investigative teams.

The SFO operates under two sets of investigative powers.

Part 1 of the SFO Act provides that it may act where the Director “has reason to suspect that an investigation into the affairs of any person may disclose serious or complex fraud.”

Part 2 of the SFO Act provides the SFO with more extensive powers where: “…the Director has reasonable grounds to believe that an offence involving serious or complex fraud may have been committed…”

In considering whether a matter involves serious or complex fraud, the Director may, among other things, have regard to:

• the suspected nature and consequences of the fraud and/or;

• the suspected scale of the fraud and/or;

• the legal, factual and evidential complexity of the matter and/or;

• any relevant public interest considerations.

The SFO’s Annual Report 2015 sets out its achievements for the past year, while the Statement of Intent 2014-2018 sets out the SFO’s strategic goals and performance standards. Both are available online at www.sfo.govt.nz


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