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Final ICAC Turf Club report included incomplete text message from former NT News editor to Brett Dixon

An incomplete version of a text message sent by the NT News’ former editor to Darwin Turf Club chairman Brett Dixon was included in an ICAC report after the newspaper published a series of stories detailing allegations of misconduct within the ICAC office.

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AN incomplete version of a text message sent by former NT News editor Matt Williams to Darwin Turf Club chairman Brett Dixon was included in a damning ICAC report after the newspaper published a series of stories detailing allegations of misconduct within the ICAC’s own office.

A draft report sent to affected parties on May 7 as part of the natural justice process did not include any reference to the text message.

But it was included in the final report, which was released on June 25.

The publication of the text message in the final report followed 10 days of extensive reporting on Sky News and in the NT News, including revelations the Office of the ICAC had awarded lucrative contracts to former South Australian police officer David McGinlay, the boyfriend of its Director of Investigations Kate Kelly.

A week before the ICAC’s final report was released, Commissioner Ken Fleming QC was quoted in the NT Independent saying he would respond to the “onslaught of criticism” in the NT News “at the appropriate time and at the appropriate place”.

“I trust that the NT News is pursuing this with legitimate journalistic purpose in respect of the allegations they are making,” Mr Fleming was quoted as saying.

Former ICAC Commissioner Ken Fleming QC. Picture: Keri Megelus
Former ICAC Commissioner Ken Fleming QC. Picture: Keri Megelus

The Office of the ICAC declined to respond to a series of questions on Tuesday, including whether the text message had been inserted into the final report in response to the stories run in the NT News detailing alleged misconduct within the organisation.

“As Mr Dixon has indicated, he has commenced judicial proceedings and a referral to police about this matter – we are not able to comment,” a spokeswoman said.

NT Police last night confirmed they had received Mr Dixon’s complaint and were investigating.

The paragraph in the final report relating to the text message exchange is numbered 416. The subsequent paragraph in the report is also numbered 416.

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Mr Dixon, who is on a leave of absence, issued an 11-page statement on Monday night revealing the text message contained in the final report “omits key words which follow and which fundamentally undermine the interpretation the ICAC put on the text in the report”.

The ICAC report attributed the text message to a “senior media figure”.

But Mr Williams was later named in an NT Independent story that stated it had seen “the original message referred to in the ICAC report” and had confirmed this through “various sources”.

Mr Dixon questioned how this could have been possible.

“It wasn’t confirmed by me or the sender. So who was it?” Mr Dixon wrote in his statement. “Who else could have access to it?”

Darwin Turf Club chairman Brett Dixon.
Darwin Turf Club chairman Brett Dixon.

On May 26, the ICAC withdrew a report and issued an apology to two women after failing to afford them natural justice before making adverse comments about them in a ­report into procurement issues at the City of Darwin.

In a media release issued on the same day, Mr Fleming said he had issued an immediate direction that “before a report is released, any person the subject of adverse comment will be followed up about their responses, if any, to ensure that the process is complete”.

The ICAC’s final report said the text message was part of an “inside edge” given to Mr Dixon.

Mr Williams confirmed he was not contacted for a response by anyone within the Office of the ICAC before the incomplete text message and commentary around it were published in the final report.

“The way I’ve been treated by the ICAC in relation to this matter is appalling,” Mr Williams said.

“Two of the ICAC’s four key values are ‘integrity’ and ‘accountability’ and they have failed miserably on both by publishing an incomplete text message from me and not affording me natural justice.

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“The assumptions made by the ICAC, and others, about the meaning of the incomplete text message are also completely false.”

Mr Dixon has indicated he will launch proceedings in the Supreme Court to have the ICAC report quashed.

Last week, Sky News revealed the ICAC had reached an out-of-court settlement with former Speaker Kezia Purick after she sued them over a report that had found she had engaged in “corrupt conduct”.

Neither Ms Purick nor the Office of the ICAC would say if any financial compensation was paid as part of that settlement. Mr Fleming stepped down as commissioner on July 5 – just 10 days after the release of the DTC report.

He has been replaced by former South Australian deputy ICAC commissioner Michael Riches.

Mr Riches has ruled the Office of the ICAC will no longer engage external contractors to conduct investigations.

His decision came after Inspector Bruce McClintock SC cleared the ICAC of any wrongdoing over its handling of the conflict of interest between Ms Kelly and Mr McGinlay.

Originally published as Final ICAC Turf Club report included incomplete text message from former NT News editor to Brett Dixon

Original URL: https://www.couriermail.com.au/news/northern-territory/final-icac-turf-club-report-included-incomplete-text-message-from-former-nt-news-editor-to-brett-dixon/news-story/4ff08d6043220ca5552c4e1388719fb3