A judge has labelled a conspiracy to defraud the Department of Finance "a thoroughly dishonest scheme of insider dealing and kickbacks".
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Gopalakrishnan Suryanarayanan Vilayur, 54, faced the start of sentencing proceedings in the ACT Supreme Court on Wednesday. The man's name can now be revealed after the court lifted a non-publication order.
The Palmerston resident previously pleaded guilty to conspiring with the intention of dishonestly obtaining a gain from the Commonwealth.
Between March 2019 and June 2020, Vilayur, with co-offenders Raminder Singh Kahlon and Abdul Aziz El-Debel, corrupted the department's IT procurement processes and shared the profits.
Kahlon and El-Debel were found guilty of their involvement by a Supreme Court jury in 2022, and were sentenced to Intensive Correction Orders. Both men are now appealing their convictions.
In sentencing remarks for Kahlon and El-Debel, published in 2022, now-retired judge Justice Michael Elkaim outlined the conspiracy.
Kahlon, El-Debel, and Vilayur were said to have facilitated the procurement process to the advantage of candidates that had been put forward by two companies, relating to contractual projects, to favour candidates at two businesses.
The financial gain was in the margin that the companies received which was then distributed to the conspirators.
It is unclear at this stage exactly what role Vilayur played in the conspiracy.
On Wednesday, barrister Mary Keaney argued her client "was under significant pressure, playing an important role in getting a large scale departmental government project up and running" at the time of the crime.
However, Justice David Mossop responded to this submission by asking: "People can be tired and rushed and under pressure, but wasn't this a thoroughly dishonest scheme of insider dealing and kickbacks?"
Ms Keaney said the stress and pressure Vilayur felt at the time was "part of the circumstances".
She also argued he had suffered extra-curial punishment due to media reporting and a "sense of social isolation and being outcast because of the cultural emphasis on honour and honesty".
Ms Keaney told the court Vilayur "always endeavours to hold an unwavering dedication to integrity".
She said her client had financial difficulties and as a result had sold jewelry "which had cultural significance and sentimental significance".
Commonwealth prosecutor David Staehli SC argued Vilayur had shown remorse, not about his role in the conspiracy, but "about his personal remorse".
"In a financial crime in particular ... there are consequences to be born," Mr Staehli said.
Justice Mossop is set to hand down Vilayur's sentence on Thursday.
