Jailed construction boss lives in the community as he fights $10m fraud conviction

Construction boss George Alex has been living in the community for almost a year despite being sentenced to nearly 10 years behind bars for a $10 million tax fraud.

For the first time it can be revealed that Alex, who is appealing his convictions due to juror misconduct, was granted conditional bail in August 2025 under “special or exceptional circumstances”.

After a marathon six-month trial, Alex was sentenced in December 2024 to a maximum of nine years and three months in jail for his role as the overseer of the scheme that delivered him the “lion’s share” of criminal gains. Several co-conspirators were also found guilty and jailed.

But in August 2025 Alex was released pending an appeal after his lawyers successfully argued that exceptional circumstances supported his release, despite the hefty jail sentence, citing the apparent strength of the appeal, a likely delay in proceedings and medical conditions.

Documents detailing the bail decision were released as Alex faced the NSW Supreme Court on Monday, wearing a navy suit and holding a yellow Gatorade.

Among his bail conditions, he must report daily to police, abide by a curfew, give up his passport, stay away from international departure points and provide his phone passwords to police.

Alex is fighting for acquittal in the four- to five-day hearing. If he fails to quash his convictions, he wants his sentence shortened.

Alex’s lawyer Tim Game SC argued the guilty verdicts carried a “risk of a substantial miscarriage of justice”, relying on allegations of misconduct by two jurors – who were later discharged – evidence contamination and the judge’s directions.

The court heard that an original jury foreman, Juror G, conducted lengthy internet searches about Alex, including alleged connections to a “mafia hit”. Game argued the juror was “a loudmouth” and that there was “evidence coming from different sources” that the research had contaminated at least one other jury member and potentially more.

“Once it was known that research had spread among the jury ... we say the whole jury had to go … but at the least, [one more] had to go,” he said.

Seeking information outside tendered evidence can constitute a criminal offence, punishable by up to five years’ jail.

Game said there was a further issue with Juror G allegedly discussing drug dealing with Juror A. Juror A was accused of having conversations with Juror G “about taking kickbacks” to find a not guilty verdict. Juror G said Juror A had told him to “name your price”, and it was later discovered that Juror A had a personal connection with someone involved in the case, the court heard.

“The judge actually rejects the whole idea of kickbacks as this kind of scurrilous misstatement by him, but when one looks at the answers that he gives, we submit the position is much more equivocal,” Game said.

Following the discharging of jurors G and A, the remaining jurors were cautioned and asked questions by the sheriff’s officer about jury tampering, Game said.

He added they could have interpreted a possibility that they may be prosecuted and that evidence could potentially “be used against them”, adding an “interrogation in this kind of trial of all jurors is highly exceptional”.

Game further alleged the trial judge erred in certain directions given to the jury during their deliberation period.

Crown prosecutor Elizabeth H Ruddle KC argued that, when “assessing the whole of the evidence”, Juror G’s “mere allegation” that other jurors had been contaminated did not satisfy any risk of a miscarriage of justice.

She argued Juror G, having “been caught out” by his own improper behaviour, accused other jurors of potential misconduct without evidence.

“There is not a sufficient finding of apprehended bias by this jury,” she said.

Another issue of dispute is non-evidentiary material that was allegedly present in the jury deliberation room for two weeks. The judge removed it once aware and found that a direction to disregard it was sufficient.

The tax fraud, which ran from 2018 to 2020, was a labour-hire business secretly owned by Alex, an undischarged bankrupt who was legally barred from involvement.

He had no business email address and rarely spoke to his co-conspirators on the phone. But he was found to have been instrumental in the scheme, which siphoned off more than $100,000 a week in pay-as-you-go taxes owed to the Commonwealth.

Trial judge Justice Desmond Fagan said Alex received the “lion’s share” of the criminal proceeds, which, the Crown alleged, included $1 million transferred to a company he used as a personal “moneybox”, $150,000 in rental payments for his family home, and $74,000 toward a Range Rover for his wife.

Alex was sentenced to a non-parole period of six years and two months’ imprisonment before he was granted conditional bail eight months later.

Co-offenders Lindsay John Kirschberg, Gordon McAndrew, Pasquale Loccisano, and Mark Ronald Bryers, were each sentenced to a non-parole period of at least five years.

They, too, are appealing their convictions and sentences.

Justice Anthony Payne, Justice Anna Mitchelmore and Acting Justice Robert Allan Hulme are presiding over the hearing. It’s expected to last until Thursday.

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