A private investigator says he was asked to surveil a Liberal minister and provided secret recording devices to a fugitive property developer, the New South Wales anti-corruption watchdog has heard.
Shane de Kauwe told the Independent Commission Against Corruption (Icac) on Tuesday he had installed a static camera on a building to record a person connected with the former NSW Liberal MP David Elliott.
Icac is investigating the allegation that Liberal figures Christian Ellis, Jeremy Greenwood and Charles Perrottet took $2m in illegal donations from fugitive property developer Jean Nassif or his company Toplace in exchange for political outcomes.
Greenwood and Charles Perrottet have denied payments were for political outcomes, while Ellis has moved overseas and is not expected to give evidence. In an explosive appearance from his Beirut bedroom, Nassif insisted he was “not corrupt”.
The alleged outcomes include damage to the political career of Elliott, who had opposed Toplace developments, and the removal of the former building commissioner, David Chandler, who was scrutinising defects in Toplace apartments.
On Tuesday, De Kauwe said he took instructions to surveil Elliott from Toplace laywer and executive, Sharangan Maheswaran, who he understood to be negatively disposed to the MP.
“He didn’t like him,” said De Kauwe.
He said he was asked to investigate the unsubstantiated allegation that Elliott had previously breached Covid restrictions in 2020, including the identity of a woman he was alleged to have met with, which Maheswaran wanted to give to a journalist.
He said he surveilled Elliott, at that time the veterans minister, during his attendance at an Anzac Day parade, but “didn’t find anything”. “He went to the Anzac parade, appeared to me to be doing his job, and we lost him,” said De Kauwe.
In a fiery appearance at the commission, Elliott, who is not accused of any wrongdoing, described de Kauwe as the “Maxwell Smart of the NSW private investigator industry”.
De Kauwe admitted that he used a ladder to install a static camera in 2022 on a apartment building opposite a car park with a view to capturing the woman’s car, invoicing Toplace $15,000 . Presiding commissioner, Fabian Gleeson, asked: “You acknowledge you had no authority to install a static camera on the building where you did install it?”
“Correct, yes,” said De Kauwe.
De Kauwe detailed continued requests by Nassif to surveil Elliott, Chandler and 2GB radio host, Ray Hadley, even after the developer fled Australia for Lebanon in 2022. “He hated him [Chandler],” he said.
On Tuesday morning, De Kauwe said he had provided covert recording devices to Maheswaran, Nassif and Greenwood. He said the “two or three devices” provided to Maheswaran may have included voice recorder pens and a recording device he described as a “little square” which “looks like a a tag you would drop on your keys” and was widely available online.
He said he had given Nassif a second recording device “because he couldn’t work the first one”, saying Nassif wanted to record a conversation with two men who were allegedly asking for $5m on Chandler’s behalf to provide occupancy certificates for Toplace’s developments.
De Kauwe, who said he thought the men were attempting to defraud Nassif rather than acting on Chandler’s behalf, told the commission he reported the allegations to a contact at NSW police. The commission has heard they are unsubstantiated, and Chandler is not accused of any wrongdoing.
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De Kauwe accepted he had invoiced Maheswaran $13,400 to surveil Chandler over six days in 2021.
Icac is investigating that Strathfield Labor councillors Maheswaran and Karen Pensabene, engaged in conduct towards fellow councillor Matthew Blackmore including blackmail and possible breaches of the Surveillance Devices Act.
De Kauwe, a former Australian Federal Police officer, described Maheswaran as “one of my best friends”, saying the two became close after meeting in 2019.
He said that he was “fairly familiar” with the law governing the use of listening devices, but would often receive legal advice. Under questioning, the commission heard this included advice from Maheswaran in instances where Maheswaran was also the client.
Counsel assisting, Juliet Curtin, asked: “Do you not see that there’s a potential conflict there?”
“At the time, or even now, I trust him implicitly. I wouldn’t consider it a conflict.”
Maheswaran, who has denied any wrongdoing, is expected to continue giving evidence to the commission later week. He is currently the final scheduled witness across nine weeks of public hearings.
Pensabene has been released from her summons to appear before the commission for medical reasons. The inquiry continues.
