Crown Prosecutor Margaret Cunneen told a tow truck driver she had sent a message to her son's girlfriend "to start having chest pains" after a car accident to delay a breath test as she had been drinking alcohol.
Explosive secret recordings also capture the prosecutor expressing the hope that the delay would mean an ambulance would be called and the woman, Sophia Tilley, would record a blood alcohol reading of zero once tested.
Ms Cunneen notes Ms Tilley is on her P-plates and therefore not allowed to have alcohol in her system. Ms Cunneen worried there might be complications with the insurance for the car, which was hers.
"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 an excerpt from the recording transcript relayed to Fairfax Media.
"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."
Fairfax Media has also been told by two sources that there was no mention of breast implants in the conversations. This is despite Ms Cunneen publicly stating references to fake chest pains were a joke about Ms Tilley's breast implants.
The Australian Crime Commission recording and its transcript were made available to state MPs on a parliamentary committee on Thursday after being tendered by Independent Commission Against Corruption chief Megan Latham.
However, multiple sources have told Fairfax Media the tone and content of the conversations contradict Ms Cunneen's assertion she was joking about fake chest pains after the 2014 car accident involving Ms Tilley.
Ms Cunneen has responded by arguing "they don't know me. When the heat is off, when the stress is relieved I try to look at the light-hearted side."
Asked if she objected to the committee publicly releasing the recordings, she said "I don't give a damn" but argued it would be fair for her to see their contents first as she had been denied access to them by the ICAC.
But she also warned there are "grave concerns about the legality of disseminating people's private telephone calls, especially in circumstances when the person has never even been given notice. I've never seen [the transcripts], nor have my lawyers."
On Friday, Ms Cunneen did not respond to a request for further comment.
But in a letter, her lawyers said Fairfax Media should "immediately withdraw" an online report on the matter and that they were seeking instructions about pursuing a court order if this was not done.
The Inspector of the ICAC, David Levine, also wrote to the chairman of the inquiry, Liberal MP Damien Tudehope, asking him to investigate if the material was leaked by MPs.
The ICAC launched an investigation into allegations Ms Cunneen tried to pervert the course of justice by advising Ms Tilley to "fake chest pains" to avoid a police breath test after the accident.
The crime commission is understood to have been targeting a tow-truck driver alleged to be involved in organised crime with the telephone intercepts.
According to a earlier statement by the ICAC, Ms Tilley admitted she had consumed alcohol before the accident, in which she was not at fault. She recorded a zero blood-alcohol reading.
The ACC passed details from the telephone conversations on to the ICAC, stating: "DPP Prosecutor possibly involved in corrupt conduct."
The parliamentary committee is seeking advice about whether it can make public material covered by the federal Telecommunications (Intercept and Access) Act. It will reconvene on February 19.
A committee member, Christian Democratic Party MLC Fred Nile said on Friday he believed Ms Cunneen was joking on the recording.
However, he said believed the committee should not publicly release the material "because the public will just literally look at the cold-blooded words but not their context".
The Rev Nile also said Ms Cunneen could be embarrassed by some swearing on the recording.
The inquiry is being held after Mr Levine in December issued a scathing report on the agency's conduct in its pursuit of Ms Cunneen. Mr Levine accused ICAC of "unreasonable, unjust, [and] oppressive maladministration".
It followed the ICAC being forced to abandon its investigation after a successful challenge by Ms Cunneen to the High Court, which found the watchdog had exceeded its jurisdiction.
The NSW Solicitor-General later said no prosecution should be pursued. Ms Cunneen has always denied the allegations.
As foreshadowed by Fairfax Media, on Thursday Ms Latham tendered large volumes of material relating to its investigation of Ms Cunneen, including the phone intercept and a 32-page submission.
Ms Latham said the committee should make the material public because it served to "undermine the basis for the adverse findings" in Mr Levine's report.
