Toplace lawyer denies role in plans to smear state's building commissioner, ICAC hears

A Toplace employee warned fugitive property developer Jean Nassif that serious building defects could "f***" the company, as the corruption watchdog continues to examine efforts to target the former building commissioner.

The NSW Independent Commission Against Corruption (ICAC) is examining whether donations linked to Mr Nassif were exchanged for political favours, including removing David Chandler as building commissioner and trying to stop him from investigating Mr Nassif's developments.

The warning came in a 2021 exchange between Mr Nassif and employee David Krepp, which was read to the inquiry by counsel assisting Peggy Dwyer SC.

Mr Krepp was discussing defects identified by Mr Chandler.

"That's going to f*** us Jean, the defects are huge," Mr Krepp said.

Mr Nassif responded by telling Mr Krepp to speak to Toplace lawyer Sharangan Maheswaran, who is a main target of the major inquiry.

"All right mate, talk to Sharangan, get Sharangan to release the personal lawsuit against Chandler," Mr Nassif replied.

Mr Maheswaran denied being part of a campaign designed to damage the commissioner's career or have him removed.

Mr Maheswaran also sent material concerning Mr Chandler to political contacts, including a video of Mr Chandler at a building site that he believed could damage the commissioner.

"I want to keep it highly secret. You will see in the next four weeks, he will be finished," he told Mr Nassif.

Mr Maheswaran rejected the suggestion that the actions amounted to a coordinated campaign against Mr Chandler.

He told the inquiry he believed the material was intended to draw attention to conduct he considered concerning.

Mr Chandler is not accused of any wrongdoing.

The inquiry also heard that NSW Treasurer Daniel Mookhey referred Mr Maheswaran's claims about the building commissioner to ICAC a day after a meeting with the Toplace lawyer in 2021.

In a statement, Mr Mookhey — who was an opposition MP at the time — said Mr Maheswaran described his client as a "prominent builder" whose projects had been affected by prohibition orders issued by Mr Chandler.

Mr Mookhey said Mr Maheswaran raised allegations that Mr Chandler had subjected his client to additional inspections, incorrectly issued defect notices, and made references during site visits that his client interpreted as an allusion to separate defamation proceedings.

"Dr Dwyer: Mr Mookhey told you that he had a duty to report your allegations to the ICAC, didn't he?

Mr Maheswaran: Yes, that's correct.

Dr Dwyer: And he said that he could not raise your allegations in any parliamentary forum … He told you instead that he would be referring it to ICAC and that you too might have the same obligation to refer to ICAC.

Mr Maheswaran: I don't recall the second part, but he certainly said it should be referred to ICAC."

The hearing also turned to Mr Maheswaran's relationship with Robert Assaf, a prominent member of the right-wing Liberal group known as the NSW Reformers, which is at the centre of the inquiry.

Mr Maheswaran denied attempting to intimidate Mr Assaf or discourage him from giving evidence to a previous 2023 parliamentary inquiry.

The commission heard that Mr Maheswaran had fed Mr Assaf a false story involving another individual's drug use, allegedly to test whether Mr Assaf was leaking information.

Mr Assaf was also referred to as "the rat", although Mr Maheswaran said he believed Mr Assaf gave himself the nickname.

The inquiry previously heard about attempts by several people to avoid being compelled to appear before the 2023 parliamentary inquiry.

Mr Maheswaran travelled to Cessnock shortly before he expected to be served with a summons, telling a friend he "fled Sydney in anticipation of the hearing".

"They can't find me to serve me," he told the friend.

He later returned after learning he had not been called to appear.

The inquiry previously heard that a private investigator was engaged to monitor lobbyist Jeremy Greenwood's home and alert him if anyone attempted to serve him with a summons.

Mr Maheswaran denied arranging the surveillance.