"The impact of that influence put Crown Resorts in breach of its regulatory agreements with the[NSW gambling] authority.The adverse impact of CPH in compromising proper reporting lines of Crown Resorts was a factor leading to the China arrests,"Mr Bell said.
"The adverse impact of CPH and Mr Packer... was ultimately harmful to the public interest,which is a primary object of the Casino Control Act to protect."
On Wednesday Mr Bell reviewed the key evidence around the disastrous failures that resulted in the arrest of Crown’s employees in China four years ago.
While there was no evidence Crown knew its employees were breaking the law,Mr Bell said senior executives and one director did know they were in danger amid a crackdown on foreign casinos but only shared this information with a special group including executives and directors loyal to Mr Packer rather than Crown's board and risk management committee.
The incident showed failures in Crown’s culture,its risk management and compliance processes and how it might deal with new challenges in the future,Mr Bell said. That was underscored by the company’s ongoing public denial of any wrongdoing.
“It can only lead to a conclusion of unsuitability,” Mr Bell said.
While a commissioner in an inquiry such as this does not necessarily accept counsels assisting's submissions,they can give a strong indication of the final findings.
Commissioner Bergin must report back to ILGA by February 1,with the gambling authority then making the ultimate decision about whether Crown should keep its NSW licence. Under its terms of reference,if the inquiry finds Crown unsuitable it must also report on what changes – if any – the company can make to become suitable.
If Crown is not fit and proper to hold a casino licence in NSW,how can Crown be trusted to run a casino anywhere in Australia?
Independent federal MP Andrew Wilkie
Independent federal MP Andrew Wilkie,a gambling industry critic who has worked with whistleblowers to expose some of the evidence examined in the inquiry,said Victoria and Western Australia should suspend Crown’s casino licences immediately.
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"If Crown is not fit and proper to hold a casino licence in NSW,how can Crown be trusted to run a casino anywhere in Australia?"Mr Wilkie said.
"The evidence used to recommend against the NSW licence was based on how Crown currently runs Crown Melbourne and Crown Perth."
The Victorian Greens’ acting spokesperson for Integrity,Tim Read,said the NSW probe had put Victoria’s gambling regulator to shame and that Crown’s licence for its Melbourne casino should be suspended.
"Victoria’s gambling regulator never calls Crown to account despite new and bigger scandals,year on year. The relationship between the regulator,the government and the casino is far too friendly and the result is crime and corruption,"Dr Read said.
"There should be an independent inquiry into the[Victorian Commission for Gambling and Liquor Regulation] to investigate how it allowed Crown to get away with the outrageous and potentially unlawful conduct uncovered during the inquiry for so long."
The VCGLR issuedCrown with a "show cause" notice last month over its dealings with"junket"tour operators linked to organised crime. A VCGLR spokeswoman said it was watching the NSW inquiry closely"will take regulatory action if and when appropriate".
Crown’s plan to open its Barangaroo casino in the middle of next month while the inquiry is ongoing has been controversial,andraised speculation ILGA may intervene and suspend its licence until Commissioner Bergin has handed down her findings.
The inquiry's counsels assisting will make final submissions for several days,continuing Thursday,followed by submissions from CPH and Crown.
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