The Independent Commission Against Corruption has referred evidence it obtained about senior prosecutor Margaret Cunneen to the Director of Public Prosecutions to consider whether she should face criminal charges for attempting to pervert the course of justice as well as lying to the commission.
ICAC has also referred Ms Cunneen's son Stephen Wylie and his girlfriend Sophia Tilley.
According to ICAC's press release, "The Commission undertook an investigation into the alleged conduct of Ms Cunneen, Mr Wylie and Ms Tilley after it was provided with information by a federal law enforcement agency that indicated the commission of an attempt to pervert the course of justice by Ms Cunneen, a NSW deputy senior crown prosecutor, following a motor vehicle accident on 31 May 2014."
The allegations stem from claims that Ms Cunneen attempted to pervert the course of justice by advising Ms Tilley to pretend to have chest pains to divert police from conducting a breath test at the scene of the car accident.
Ms Cunneen has strongly denied the claims and has said her only conversation with her son's girlfriend after the accident was when she entered the ambulance to ask if she could ring her parents.
Fairfax Media understands that Ms Cunneen's close friend and her son's employer Steve Fletcher was the target of a joint Australian Federal Police and Australian Crime Commission taskforce.
Mr Fletcher, a gambling identity, was himself referred to the DPP to consider whether he be criminally charged for fraud offences over his use of the identities of a string of NSW police officers to open betting accounts.
Because of Ms Cunneen's friendship with Mr Fletcher, Lloyd Babb, SC, the DPP informed the attorney-general's office that his office has a conflict with making any decision on the Fletcher matter as Ms Cunneen is employed as a prosecutor within the DPP.
The Crown Solicitor's office will now decide whether criminal charges will be laid against Mr Fletcher.
A decision by the taskforce was made to refer the matter to the Independent Commission Against Corruption for investigation.The commission's decision to refer the matter to the DPP comes after a recent High Court decision found that ICAC did not have the power to investigate Ms Cunneen.
"It was accepted by the courts which examined the allegation in the course of the litigation initiated by Ms Cunneen that the alleged conduct could constitute an attempt to pervert the course of justice," said the media statement issued by the ICAC.
In addition to considering whether criminal charges should be laid, the commission has also asked the DPP to consider whether disciplinary proceedings should be taken against Ms Cunneen.
Fairfax Media has sought comment from the office of the DPP.
