Legal Challenge Raised Over ICAC Report on Gladys Berejiklian Corruption Allegations
The recent ICAC report implicating former premier Gladys Berejiklian in corruption allegations may have been issued beyond the organization’s legal jurisdiction, as per revelations in a Sydney court. Lawyers representing Berejiklian have contended that the report was finalized after the term of former assistant commissioner Judge Ruth McColl had expired.
In response, Gladys Berejiklian has initiated a legal challenge to dispute the findings of the Independent Commission Against Corruption (ICAC) regarding her alleged involvement in serious corrupt activities during a clandestine relationship with ex-Wagga Wagga MP Daryl Maguire.
The ICAC report, released nearly two years after Berejiklian’s resignation as premier, notably refrained from recommending any criminal charges against her.
This report followed a sequence of hearings, including testimony from Berejiklian herself, under the supervision of former judge Ruth McColl, who had been designated as an assistant commissioner.
Daryl Maguire had the potential to earn a significant sum from a property transaction in Badgerys Creek. (AAP: Bianca De Marchi)
Legal Argument: Expiry of Former ICAC Judge’s Term in Focus Amid Gladys Berejiklian Corruption Allegations
Representing Ms. Berejiklian, Bret Walker SC raised a crucial point at the NSW Court of Appeal, highlighting the expiration of Ms. McColl’s term as assistant commissioner as a key ground for appeal.
By late October 2022, as the report remained incomplete and Ms. McColl’s tenure lapsed, she was enlisted as a consultant under a specific section of the ICAC act.
The report explicitly mentioned its reliance on assessments provided by Ms. McColl.
During today’s proceedings, Mr. Walker emphasized that only Ms. McColl possessed the necessary insights to make credibility judgments referenced in the report.
Mr. Walker further argued that if their interpretation regarding the statutory limitations on the involvement of a former assistant commissioner is correct, the report could be deemed to have exceeded its jurisdiction.
In representing Ms. Berejiklian, Bret Walker SC contended that the conclusion of Ms. McColl’s tenure as assistant commissioner tarnishes the credibility of the ICAC report.
Delays in Receiving the Report without Explanation
During the hearing, Mr. Walker expressed uncertainty regarding whether opinions on credibility were fully developed before the commission’s deadline.
However, Mr. Walker found the prolonged delay in submitting the report to be particularly puzzling.
The investigation revealed that Ms. Berejiklian violated public trust in 2016 and 2017 by approving a grant for the Australian Clay Target Association in Wagga Wagga without disclosing her relationship with Mr. Maguire.
Furthermore, the report indicated that Ms. Berejiklian’s decisions regarding funding for a music recital hall in Wagga Wagga in 2018 were influenced by her relationship with Mr. Maguire.
Gladys Berejiklian Corruption Allegations
When Gladys Berejiklian held the position of treasurer, the Expenditure Review Committee deliberated a $5.5 million grant to the Australian Clay Target Association. According to Mr. Walker’s testimony in court, there was no concrete evidence, aside from the “pseudo evidence of rejected denials,” indicating that any attachment to Mr. Maguire influenced her decision-making process.
Barrister Stephen Free SC, representing the ICAC, mentioned that Ms. McColl aided in drafting a preliminary version of the report. However, the final iteration of the report was released by the chief commissioner. Mr. Free highlighted that it was within the chief commissioner’s discretion to have Ms. McColl provide assistance.
In response to the report, Ms. Berejiklian stated in a release that she diligently worked in the public’s best interest, asserting that “nothing in this report suggests otherwise.” Throughout the ICAC’s investigation, she maintained that her association with Mr. Maguire did not warrant declaration due to its perceived insignificance and denied any misconduct.
The watchdog had previously been absolved of maladministration after an inquiry into the delay in finalizing the investigation, known as Operation Keppel. Ms. Berejiklian, who is not present in court for the civil proceedings, is scheduled for a two-day hearing.
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