Advertisement

'I sent her the message to start having chest pains': Phone recording pours water on Cunneen's 'joke' defence

Secret phone recordings have reportedly contradicted a top NSW crown prosecutor’s claim that she ‘was joking’ when she advised her son’s girlfriend to ‘fake chest pains’ to avoid being breath tested following a crash.

The call between prosecutor Margaret Cunneen and a tow truck driver sparked an inquiry with the Independent Commission Against Corruption that has shocked the core of the anti-corruption watchdog.

The recording was played confidentially at a parliamentary inquiry on Thursday, according to the Sydney Morning Herald. It has not been released to the public.

The content of the recording is claimed to refute Ms Cunneen's claims she was using sarcasm during her conversation with Sophia Tilley and a smash repairman in May 2014.

A source told the newspaper there was ‘no way’ it could be construed that way.

Sophia Tilley was involved in a crash during May 2014. Photo: Facebook
Sophia Tilley was involved in a crash during May 2014. Photo: Facebook

In the audio Ms Cunneen was reportedly heard talking with friend and smash repairer George Kharadjian after Ms Tilley was involved in a car crash.

The Sydney Morning Herald published a portion of the transcribed conversation reportedly between the prosecutor and her smash repairman.

"My only reservation, just between you and me, is that, that naughty girl, had alcohol had, had oh no that's all right I can cover that," Ms Cunneen said, according to the enwspaper.

"But she had drunk, she's on her P-plates. But it had been some time ago which is why I sent her the message to start having chest pains and get the ambulance because it's bought her a few more hours.

"Just hoping it goes down to zero cause otherwise there might be complicated insurance issues."

Ms Tilley was a P-Plate driver at the time she was driving Ms Cunneen’s Ford Mondeo when she was hit by another vehicle in Willoughby on Sydney’s north shore.

The car rolled on to its side and she was trapped in her seat belt. She experienced chest pain and feared her breast implants had ruptured.

ICAC commissioner Megan Latham revealed the phone call. Photo: AAP
ICAC commissioner Megan Latham revealed the phone call. Photo: AAP

Ms Tilley was not at fault for the crash, she also tested negative for alcohol when later test in hospital.

The inquiry has focused on the aftermath of the crash involving Ms Tilley.

It’s alleged Ms Cunneen and her son counselled Ms Tilley on how to escape the breath test. As a P-plater her blood-alcohol level is zero.

Ms Tilley phoned her boyfriend while she was trapped in the car, he then attended the scene.

ICAC commissioner Megan Latham shared the phone call during the inquiry in order to clear her name following accusations from ICAC investigator David Levine that she acted inappropriately during prior investigations involving Ms Cunneen.

Ms Latham was due to be questioned during the inquiry, but this was adjourned for one week to see legal advice after the ICAC commissioner tried to have the phone call made public.

The inquiry may recall Ms Cunneen to hear from her about the incident.

Ms Cunneen maintains there was any wrongdoing on her behalf, saying in her defence the advice regarding the faking of chest pains was made in jest.

She also raised concerns about the legality of disseminating private phone calls.

The High Court has since ruled the ICAC acted outside its power while investigating Ms Cunneen.

News break – February 12