Gladys Berejiklian ICAC probe: Former premier corrupt
After the NSW’s corruption watchdog found both Gladys Berejiklian and her ex-lover Daryl Maguire acted corruptly, the former premier and her new employer Optus have both released statements. LIVE UPDATES
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Optus has refused to comment on whether Glady Berjiklian will keep her executive position with the company in light of today’s ICAC findings.
The Independent Commission Against Corruption finally handed down the findings of its corruption probe into the former premier on Thursday morning.
It found Ms Berejiklian and her former lover Daryl Maguire engaged in serious corrupt conduct, but it did not recommend Ms Berejilian be charged.
Hours after the report was handed down. Ms Berejiklian released a statement saying the report is being examined by her legal team.
“Serving the people of NSW was an honour and privilege. At all times I have worked my hardest in the public interest,” she said.
“Nothing in this report demonstrates otherwise. Thank you to members of the public for their incredible support. This will sustain me always. The report is currently being examined by my legal team.”
Telecom company Optus was missing in action on Thursday, before referring media to Ms Berrejiklian’s own statement.
“Optus acknowledges the ICAC report published in relation to Gladys Berejiklian’s time serving as a Member of the NSW Parliament,” an Optus spokesperson said in a statement.
“We refer you to Gladys’ media statement and have no further comment to make.”
NSW Opposition Leader Mark Speakman said in response to the report that Ms Berejiklian had served the people of NSW “magnificently” as premier but that she also had to be “held to the highest standards”.
He fell short of condemning the former premier’s actions in not declaring her relationship with Mr Maguire, saying in hindsight he would have expected the conflict of interest to be disclosed.
Mr Speakman did, however, condemn the former Liberal member for Wagga.
“The findings suggest completely reprehensible behaviour by Daryl Maguire. He has brought disgrace upon himself and disgrace upon parliament,” Mr Speakman said.
“It is disgraceful behaviour, reprehensible behaviour and the opposition condemns it.”
ICAC hands down its findings — at last
On Thursday morning, the ICAC said it did not recommend charges because, counsel assisting the ICAC submitted, no prosecution could ever be commenced.
“On balance, Counsel Assisting submitted the obstacles to a prosecution of Ms Berejiklian for misconduct in public office in relation to partial conduct or breach of public trust … were so formidable as to make it reasonably clear that any advice from the DPP with respect to the matter would be to the effect that no prosecution may be commenced,” the ICAC said.
ICAC’s executive director of corruption prevention revealed the findings when he tabled the report to parliament on Thursday morning.
“The report today makes serious corrupt conduct findings against two individuals: the former member for Wagga Wagga and the former Premier,” Lewis Rangot said.
Sources close to Ms Berejiklian said the former Premier had not received the report before it was tabled.
Ms Berejiklian engaged in serious corrupt conduct in relation to funding for a Wagga Wagga gun club due to her conflict of interest arising from her relationship, the ICAC found.
That conflict “could objectively have the potential to influence the performance of her public duty,” it said.
“The Commission also finds that in the same period, Ms Berejiklian partially exercised her official functions, in connection with funding promised to Australian Clay Target Association (ACTA), influenced by the existence of her close personal relationship with Mr Maguire.
“The Commission finds that Ms Berejiklian took a number of actions in relation to the ACTA proposal in circumstances where she knew that Mr Maguire was its principal proponent.
“The Commission is not of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Ms Berejiklian for any offence.”
Ms Berejiklian also engaged in serious corrupt conduct by not telling the ICAC about the actions of her former lover, the ICAC found.
Failing to report suspicions of corrupt conduct to the commission “undermined the high standards of probity that are sought to be achieved by the ministerial code which, as premier, Ms Berejiklian substantially administered,” it said.
The ICAC also found that Ms Berejiklian breached public trust in relation to funding promised and awarded for the Riverina Conservatorium of Music (RCM) “by exercising her official functions in relation to decisions concerning the RCM proposal which she knew was advanced by Mr Maguire”.
Ms Berejiklian had maintained she did nothing wrong in relation to her relationship, submitting that the Ministerial Code of Conduct did not apply to her because she was the Premier.
The ICAC rejected that.
It found Ms Berejiklian “substantially breached the ministerial code by failing in her duty to act honestly and in the public interest in her conduct regarding the RCM proposal”.
MAGUIRE’s ‘SERIOUS CORRUPT CONDUCT’
The ICAC found former Wagga MP Maguire had engaged in serious corrupt conduct and “misused his role as an MP to advance his own financial interests”.
It said Mr Maguire had “improperly used his office … in connection with an immigration scheme that he promoted to his constituents and others connected with his electoral district”.
The key findings stated Maguire “monetised his position as a member of Parliament” and engaged in serious corrupt conduct while he was an MP between 2012 to 2018.
The ICAC stated the former Wagga MP “improperly using his office and the resources to which he had access as a member of Parliament to benefit G8wayInternational”, which ICAC found he was “in substance” a director of and whose profits he shared in.
He was also found to have misused his office by seeking and receiving a fee for introducing a delegation from the Chinese province of Liaoning to then-Premier Barry O’Farrell at Parliament House.
Mr O’Farrell isn’t accused of any wrongdoing.
He misused his office to “advance his “own private financial interests”, as well as those of some of his associates with a series of land deals, the ICAC found.
This included Mr Maguire approaching ministers and government staff over a development at Camellia, which he hoped to get a kickback from the developer on.
The ICAC stated Mr Maguire likewise approached ministers’ staff and government officials on behalf of racing heir Louise Waterhouse in relation to the sale, or financing, of her property at Badgerys Creek, without disclosing his expectation of receiving a payment.
The ICAC recommended the Director of Public Prosecutions (DPP) examine prosecuting Mr Maguire, as well as two other figures linked with G8wayInternational – the alleged cash-for-visas scheme examined by the ICAC.
“The Commission is of the opinion that consideration should be given to obtaining the advice of the DPP about the prosecution of Mr Maguire, G8wayInternational director Phillip Elliott and Maggie Wang, an associate of Mr Maguire, for various offences,” the ICAC.
The corruption watchdog made 18 recommendations to prevent corruption.
One recommendation is that the parliament, in consultation with ICAC, develop a “comprehensive framework” for MPs to help them avoid, disclose, and manage conflicts of interest.
“The framework should provide members with practical guidance about how to avoid, disclose and manage common conflicts of interest,” the ICAC said.
MINNS REACTS TO DAMNING REPORT
NSW Premier Chris Minns criticised the length of time the report took to be released, saying MPs under investigation should not have to resign or face suspensions from public life.
“There may be circumstances where it is absolutely appropriate, because the evidence is overwhelming, but it shouldn’t happen in an automatic way,” he said.
He said people had a right to have an investigation and final findings “submitted to the public and the parliament before their political life has stopped or ended”.
“When former premier Berejiklian made her resignation we didn’t call for it,” Mr Minns said.
“There’s got to be a discussion in New South Wales about the ICAC being in existence, undertaking the role it’s legislated to do, while at the same time allowing the work of government to continue.
“That’s going to be the situation in New South Wales with the ICAC. But that doesn’t mean the work of government needs to stop.”
The ICAC’s findings didn’t take away from Ms Berejiklian’s “excellent” handling of the Covid pandemic, Mr Minns said.
“It’s important however, for all politicians in New South Wales, and anyone in public life or positions of leadership, to understand that we must manage conflicts of interest and in particular declare, that has been a fundamental principle since the foundation of the New South Wales Parliament remains the case today and my government takes that warning incredibly seriously,” he said.
“We will work with parties across the political spectrum, about ensuring that there are appropriate and reasonable steps to strengthen the ICAC.”
He refused to comment on whether criminal charges should have been recommended to justify the length of the report, but highlighted there was an appeals process Ms Berejiklian could pursue.
BACKING FOR BEREJIKLIAN
Opposition leader Mark Speakman and Shadow Attorney-General Alister Henskens backed the former Premier in a joint statement, saying the delays to the report were “unacceptable”.
At the same time, they said former colleague Mr Maguire’s “actions were a reprehensible abuse of his position”.
“Gladys Berejiklian led New South Wales with strength and determination through the most challenging conditions since the Second World War, including a one in a hundred years pandemic and record drought, bushfires and floods,” they said.
They highlighted that the ICAC had not suggested Ms Berejiklian benefited financially, and there was no “arguable breach of the criminal laws”.
“The delays in providing a report have been unacceptable and should not be allowed to occur again. Our community deserves a timelier resolution of investigations undertaken by ICAC, especially when they concern the senior leadership of our State,” they said.
‘NOT HUGELY SURPRISING’
NSW Nationals leader Dugald Saunders said the findings were to be expected.
“They’re not hugely surprising. The thing is how long they took to release them,” he said.
Mr Saunders refused to comment on whether he was disappointed in Ms Berejiklian’s behaviour.
Margaret Cunneen SC, who was falsely accused by ICAC of perverting the course of justice in a case that was later overturned in the NSW Court of Appeal and the High Court, said previous findings by the ICAC had been “found to be wrong”.
“ICAC is not a court. It is an investigation body,” she said.
“It has made findings in the past which courts have found to be wrong.”
ANGER
The outcome has triggered anger among some who served with the former Premier, with a former close colleague of Ms Berejiklian calling the findings “a complete farce”. “So to justify crucifying her they accuse her of ‘serious corrupt conduct’ but they know it’s all bulls--t so (they) don’t bother asking the DPP to prosecute because it won’t stand up in court,” they said.
Another former Berejiklian political ally, Liberal MP Matt Kean, took to social media to slam the findings, and took a shot at the handing down of the report from ICAC representatives to Upper House president Ben Franklin and Lower House speaker Greg Piper occurring in full view of media, where it was broadcast live.
“What a ridiculous display — ICAC turning a corruption report into a live TV event at Parliament House,” he said.
“This body deciding that ‘serious corrupt conduct’ has occurred, but then recommending no charges be laid because there is no evidence?”
DELAYS SLAMMED
The probe – which led to Ms Berejiklian resigning as Premier and from parliament – was delayed multiple times, with the ICAC facing intense scrutiny over the time taken to deliver its report.
The delays sparked a bipartisan call for the ICAC to set tougher deadlines for when its reports should be handed down following the end of a public inquiry.
Mr Kean on Wednesday wrote to the inspector of the ICAC, urging her to probe whether the corruption watchdog took too long, caused “unnecessary, unfair and irreparable harm” to the people involved, and “whether there has been regard to the appropriateness of the exercise of ICAC’s strong powers and use of taxpayer money”.
HOW ICAC BROUGHT DOWN A PREMIER
The ICAC was investigating whether Ms Berejiklian engaged in conduct that breached public trust due to her relationship with Mr Maguire.
Central to its investigation was whether Berejiklian should have disclosed her relationship with Maguire under the Ministerial Code of Conduct, and whether she should have alerted ICAC to Maguire’s business dealings while he was an MP.
Under the code of conduct, ministers – including the Premier – must disclose matters involving a potential conflict of interest involving a “family member”. That includes anyone with whom the Minister is in an “intimate personal relationship”.
Berejiklian announced she would quit the day that the ICAC announced it was investigating her.
She strongly denied any wrongdoing, and has continued to maintain she acted in the state’s best interest.
“I state categorically, I have always acted with the highest level of integrity. History will demonstrate that I have always executed my duties with the highest degree of integrity for the benefit of the people of NSW who I have had the privilege to serve,” she said when she resigned as Premier.
SECRET ROMANCE SHOCKED NSW
Thursday morning’s report brought an end to three years of investigation into disgraced former Wagga MP Daryl Maguire, who was the original target of the inquiry.
During a series of hearings across 2020, Mr Maguire agreed that he’d at least partially “monetised” his office – using it as a vessel to allegedly set up business deals he hoped to be paid for.
Ms Berejiklian revealed during the original inquiries that she had once been in a “close personal relationship” with Mr Maguire.
It’s been more than 30 months since that hearing.
While Operation Keppel is among the inquiries that has taken the ICAC a long time, it is not the most-delayed report.
It also wasn’t the first time the findings of an inquiry which resulted in the resignation of a sitting premier took years to surface.
Operation Credo, the high profile inquiry into the corrupt dealings of former Labor MPs Eddie Obeid, Joe Tripodi and Tony Kelly took three years and four months after public hearing wrapped up before the report was released to the public in 2017.
Evidence presented during the hearings resulted in the resignation of Liberal premier Barry O’Farrell after he denied receiving a $3000 bottle of Penfolds Grange.
Four inquiries, including Credo, took longer than two years for the reports to be released with the probes looking at senior bureaucrats, local councillors and politicians.
Of the 31 public corruption inquiries undertaken before 2013, the corruption probe into Berejiklian is the sixth longest.
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