‘ICAC only has itself to blame’ as controversial reforms sail through parliament

One of SA’s top barristers says ICAC must blame itself for controversial changes, saying it pursued prosecutions that should have “never seen the light of day”.

ICAC can blame no one but itself and its lack of accountability for sweeping legislative changes that have reduced its powers, one of the state’s top barristers says.

On Friday, David Edwardson QC said the organisation has squandered millions of taxpayer dollars – and destroyed lives – by unwisely pursuing cases that should have been dropped.

Mr Edwardson – who has represented several ICAC defendants, including former Renewal SA boss John Hanlon – said he understood Commissioner Ann Vanstone’s disappointment with the changes.

Barrister David Edwardson, QC. Picture: Bianca De Marchi

That did not, he said, alter the reality of ICAC’s situation – nor its history.

“The ICAC can only blame itself for the reaction that’s been taken by not only the legal profession but indeed politicians,” he said.

“It’s not about politicians protecting themselves, it’s about making sure that organisation is accountable.

“In my view, that’s why there needed to be a significant change from what has occurred in the past.”

He said ICAC had overextended its powers in the past “at a great cost to the community” and “millions and millions of dollars”.

“In my personal opinion, almost without exception, many of those prosecutions should have never, ever seen the light of day,” he said.

The controversial legislation that diminishes the power of the Independent Commissioner Against Corruption passed through state parliament on Thursday afternoon.

The Bill – which ICAC Ann Vanstone QC has said would also cripple her ability to investigate MPs – was rushed through the lower house after being approved in the upper house on Wednesday evening.

ICAC Ann Vanstone. Picture: Tony Lewis Photography

SA Best MLC Frank Pangallo. Picture: Matt Loxton

Two amendments, which aimed to ensure the role of the Judicial Conduct Commissioner would continue and existing warrants could be executed, were approved.

The changes were immediately considered by the upper house and passed, meaning the legislation will now become law.

SA-Best MLC Frank Pangallo, who introduced the law said: “It was a significant piece of legislation that will not only be welcomed widely by those who were impacted terribly and tragically by ICAC investigations but also those who expect and should receive procedural fairness from our system of justice.”

Mr Pangallo said he dedicated the Bill to the memory of former police officer Doug Barr, his widow Debbie and their sons Nick and Christopher.

Mr Barr took his life while waiting for ICAC to release its investigation report into an almost three-year inquiry.

The report made no finding of corruption against Mr Barr.

Mr Pangallo’s amendment Bill was based on 19 recommendations in a report the Crime and Public Integrity Policy Committee finished last year.

It drew widespread criticism from Ms Vanstone, who said the amendments governing its operations would “cripple” the organisation.