Former Australian of the year Dylan Alcott, the Melbourne Rebels and ex-politician Martin Pakula have featured in conversations secretly recorded as part of a corruption probe.
Melbourne Magistrates’ Court heard on Wednesday that a long-running probe by the Independent Broad-based Anti-corruption Commission could soon result in charges against former Transport Accident Commission chief executive Joe Calafiore, who resigned in 2023.
The court was played wiretaps from Calafiore’s home in which the prosecution claims he can be heard discussing the last four contracts he signed as TAC boss after allegedly being tipped off about an IBAC probe.
The Melbourne Rebels and Dylan Alcott’s All-Ability Festival were mentioned in the recordings, but no further context was aired about their relevance to the IBAC investigation. The TAC previously sponsored both entities.
The IBAC audio aired on Wednesday also records a man saying: “That was a call from Martin Pakula, but that was old.”
Pakula, Alcott, and the Rebels are not accused of any wrongdoing.
Calafiore has not been charged and has not admitted to being the man in the recordings. But IBAC prosecutor Tim Bourbon said investigators had obtained them from only two sources, Calafiore’s house and his phone.
“Is he really going to ever be able to say that’s not him in the recording?” Bourbon asked.
The tapes were played as part of a contested hearing for former Geelong deputy mayor and TAC executive Kylie Grzybek, who is accused of tipping off Calafiore about the IBAC investigation. She has pleaded not guilty to a charge of breaching a confidentiality notice IBAC officers served on her in November 2024.
Prosecutors allege that soon after the notice was received, Grzybek’s husband, Paul, called Calafiore’s wife and urged her to get her husband to call him back.
He initially did not disclose his identity and allegedly said: “It’s better for everyone’s interests if you don’t know what the call is about.”
A surveillance device in the Calafiore home then picks up another phone call to Calafiore’s wife, in which prosecutors allege more information about the IBAC probe into the TAC was shared, the court heard.
“What’s it over? Shit … fuck,” the woman says. “All right, I’ll call him back, and I’ll give him your number, Paul. Thanks for letting me know.”
Joe Calafiore is then recorded receiving a call from his wife, in which she says: “I need to see you ASAP in person.”
Later that day, prosecutors claim, a bug in the Calafiore home recorded Joe Calafiore discussing his trip to the Grzybek house and recounting more details of the IBAC probe that Kylie Grzybek allegedly disclosed.
“I think I’m going to get summoned,” he says.
In court on Wednesday, Calafiore’s lawyer, John Riordan, argued his client should be exempt from providing evidence in Grzybek’s hearing as he faced “imminent charges” and any testimony might prejudice his own case.
“Once Mr Calafiore gives evidence, there is no way to unscramble that egg,” Riordan said. “He’s been asked to effectively tie himself to an account with no knowledge of the accusations against him.”
Grzybek’s lawyer, Chris Farrington, also sought to stop IBAC calling any other witnesses as he complained the defence had not been provided statements and proper notification about them beforehand. He suggested it amounted to “trial by ambush”.
“There has to be at some level … some condemnation about the way in which this investigation has been conducted,” Farrington said.
Late in the day, the prosecution said it was considering an offer to hand Grzybek a diversion for the alleged confidentially breach. But it also could not rule out further charges against her as part of IBAC’s Operation Carina into alleged corrupt conduct at the TAC in 2022 and 2023.
Magistrate Avi Furstenberg excused Grzybek’s husband from testifying and will rule on Joe Calafiore’s application on Thursday.
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