Court clears ex-chief of cooking the books breaking news SonDakika-Haberleri.Net
Former Leighton Holdings chief financial officer Peter Alan Gregg has won an appeal against his convictions for falsifying documents in relation to payments worth $15 million. The 65-year-old's challenge was upheld on a number of grounds on Wednesday wit...
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Former Leighton Holdings chief financial officer Peter Alan Gregg has won an appeal against his convictions for falsifying documents in relation to payments worth $15 million.
The 65-year-old's challenge was upheld on a number of grounds on Wednesday with the NSW Court of Criminal Appeal quashing the guilty verdicts and entering verdicts of acquittal.
Mr Gregg was found guilty by a District Court jury in 2018 of two offences, contrary to the Corporations Act, of engaging in conduct that resulted in the falsification of the books of the company.
The charges, brought by the Australian Securities and Investments Commission, alleged he falsified Leighton's books in 2011 relating to two payments totalling $15 million to Asian Global Projects & Trading FZE in the United Arab Emirates.
He was sentenced to two years' jail, to be served in the community by way of an intensive correction order.
Chief Justice Tom Bathurst, and Justices Clifton Hoeben and Mark Leeming concluded the conviction must be quashed after upholding a number of appeal grounds.
They found directions given by the judge to the jury were affected by errors of law, including in relation to the definition of "false" and an instruction that the jurors had to be unanimous about the falsity of only one of two purposes.
"The change to the crown case in the Crown's closing address, that to find guilt the jury could be satisfied of the falsity of either of the purposes of the payment instruction, rather than both, was oppressive and resulted in a miscarriage of justice," the court said.
The court also found there was "a substantial miscarriage of justice" arising from the prosecutor's closing address, during which a series of rhetorical questions were used.
The judges also concluded the guilty verdicts were unreasonable.
Mr Gregg left Leighton in 2013 and later resigned as Primary Health Care's chief executive. Leighton changed its name to CIMIC in 2015.