The Australian Federal Police says its investigation into the Leppingtron Triangle affair did not find evidence of criminal conduct .
The AFP investigation was launched following community concerns that the federal government had paid almost $33 million for land valued around $3 million at the time.
The land was bought for the development of the Western Sydney Airport at Badgerys Creeek.
The 12.26 hectare triangular parcel of land known as the Leppington Triangle was acquired in July 2018 for $32,822,928.
The land acquisition process was undertaken by the Western Sydney Unit of the Department of Infrastructure, Transport, Regional Development and Communications.
In June 2019, the same parcel of land was valued at $3,065,000 within the Department of Infrastructure’s financial statements for the financial year 2018-19.
In 2020, the Australian National Audit Office (ANAO) conducted a performance audit into the purchase of the Leppington Triangle land.
On July 13, 2020, the Auditor-General requested the AFP consider the matter for criminal investigation, noting the ANAO audit had “found information that we cannot explain and is suggestive that the Commonwealth may have been defrauded’’.
The AFP commenced Operation Verraten on July 27, 2020, an investigation into whether any criminal conduct had occurred in relation to the purchase of Leppington Triangle.
In addition to the ANAO audit, the Department of Infrastructure also commissioned an independent review.
The AFP investigation team, based in the Eastern Command in Sydney, conducted a full and thorough investigation into the serious allegations of criminal conduct involving the use of public funds.
The investigation involved engagement with the ANAO and the Department of Infrastructure, who worked cooperatively with the AFP during the course of the investigation.
The investigation involved the analysis of extensive documentary and digital holdings, the interview of numerous relevant people – including Department of Infrastructure staff who were involved in the acquisition process – and a detailed financial analysis of payments made in relation to the purchase.
Throughout the investigation, the AFP considered all potentially applicable offences under Commonwealth law, primarily focusing on;
Bribery of a Commonwealth official, contrary to section 141.1 of the Criminal Code Act 1995;
Conspiracy to defraud, contrary to section 135.4 of the Criminal Code Act 1995; and
Abuse of public office, contrary to section 142.2 of the Criminal Code Act 1995.
The AFP carefully assessed whether there was sufficient evidence to establish elements of the respective offences.
The investigation did not identify any evidence of criminal offending by Commonwealth officials, or other people involved in the purchase.
The financial analysis undertaken as part of the investigation found no evidence of Commonwealth officials obtaining a personal benefit from the acquisition, or other persons receiving or paying corrupt payments.
The AFP investigation found that the purchase was in line with the requirements of the Lands Acquisition Act (1989), and was authorised by appropriate Commonwealth officials and authorities.
The ANAO and the Department of Infrastructure have been formally advised of this decision.
