David Levine, overseeing the Independent Commission Against Corruption, says investigators acted unlawfully by seizing phones from Cunneen’s home

This article is more than 4 years old

This article is more than 4 years old

The New South Wales corruption watchdog’s pursuit of top prosecutor Margaret Cunneen was unreasonable, unjust and oppressive, Icac inspector David Levine QC says.

The former judge, who is charged with overseeing the Independent Commission Against Corruption, also says investigators acted “unlawfully” when they seized two phones from Cunneen’s home during their investigation.

Operation Hale was set up based on allegations Cunneen advised her eldest son Stephen Wyllie’s girlfriend, Sophia Tilley, to fake chest pains to avoid a police breath test after a car crash.

Cunneen has consistently denied the allegations, and the high court in April ruled the investigation did not fall within the scope of Icac’s functions.

In a scathing report into the bungled investigation, Levine said on Friday the operation was a “low point” in the watchdog’s history.

Margaret Cuneen: Icac stripped away my family's most basic human rights Read more

He said what was alleged to have been said or done by Cunneen “finds no support in reliable, credible or cogent” evidential material and Icac should have found the matter trivial.

He also questioned whether Icac commissioner Megan Latham, who had previously worked with Cunneen at the Director of Public Prosecutions office, had a conflict of interest in the investigation.

Levine handed down several recommendations including that Icac engage in a better decision-making process before embarking on investigations as “failure to do so would be (as it was here) unreasonable, unjust and oppressive in a serious way”.

The report said “Notices to Procure”, which were issued by the Icac commissioner to seize two phones from Cunneen’s home during the investigation, did not comply with law, and in future, the watchdog must apply for search warrants.

Levine made no finding in respect to anyone who may have had an “improper motive” in the investigation.

Comment is being sought from Icac.