Gladys Berejiklian fires up in ICAC grilling: ‘I’m quite offended’

In the gruelling almost six hours of questioning, Gladys Berejiklian’s elusive answers caused a few tense moments with ICAC assistant commissioner Ruth McColl.

A combative Gladys Berejiklian clashed with the ICAC commissioner who repeatedly warned her to “stop making speeches” while the former premier was “offended” by one line of questioning.

In the gruelling almost six hours of questioning, Ms Berejiklian’s elusive answers to questions about her relationship with Daryl Maguire and her knowledge of his corruption were not good enough for assistant commissioner Ruth McColl.

“Ms Berejiklian could I ask you to answer Mr Robertson’s questions and not make speeches,” Ms McColl said.

When again going on a tangent about her leadership when asked about Mr Maguire’s access to her while in office, she was again sternly warned.

“Ms Berejiklian, I don’t think you are heeding the message I communicated to you,” she said.

The former premier was “offended” when counsel assisting Scott Robertson asked if her focus on Daryl Maguire’s “money projects” was to ensure an easy retirement for Mr Maguire.

“That is absolutely not the case, I reject it outright and I find it offensive,” she said.

“I’m quite offended by the question if I can say that, really offended because every decision I make is in the public interest.”

Gladys Berejiklian (top right), Assistant Commissioner Ruth McColl SC presides (bottom right) and counsel assisting the commission, Scott Robertson (top left). Picture: ICAC

“Ms Berejiklian you have said that on a number of times, could you please just listen to the questions and answer the questions,” Ms McColl warned.

Later Ms McColl interrupted Mr Robertson to grill Ms Berejiklian herself over her decision not to disclose her relationship with Mr Maguire, while at the same time disclosing relationships of lesser significance like cousins and people she had attended events with.

Ms Berejiklian said she decided the relationship was separate to her professional role, and did not meet the threshold to disclose while at the same time telling the ICAC she did not even consider disclosing.

“Well that sounds like you undertook a fairly intense analysis of the issue Ms Berejiklian,” Ms McColl said.

The assistant commissioner pushed back against the former premier’s assertion that she had no more conflict of interest with Mr Maguire than she would have with any other minister.

“You are not in a relationship with any other person as I understand your evidence of the nature of that with which you’re involved with Mr Maguire?” she asked.

“That’s correct,” Ms Berejiklian answered.

“And none of your colleagues are in the same relationship with you as he was?”

“That’s correct.”

“There’s no comparison really between what you do in relation to declaring a conflict of interest in relation to him as in relation to any other colleagues,” Ms McColl then said.

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Robertson asks the tough questions - again and again

Methodical, unflappable and always well hydrated.

Barrister Scott Robertson has stepped into the role of ICAC’s grand inquisitor in its pursuit of former NSW premier Gladys Berejiklian.

Mr Robertson’s questioning style is subdued and deliberate. In contrast to many of his more flamboyant and bombastic colleagues, Robertson opts for simple grey suits and is armed with a background in commercial construction and building law.

He is polite when doorstopped on courthouse steps — but does not stop to chat with journalists.

Through weeks of Operation Keppel hearings, first in 2020 and now in 2021, his almost monotone questions have eroded even the most defiant witnesses.

He demonstrated on Friday that if he does not feel a question was answered, he asks it again and again. Until he gets his answer.

And when he is dubious about an answer he quietly asks, “Are you seriously suggesting …”

It’s presumably thirsty work as the counsel assisting downed litres of water from a reusable water bottle, which has developed its own cult following from ICAC watchers measuring how much water the barrister churns through each hearing day.

Ms Berejiklian was warned by ICAC Commissioner this week to answer Mr Robertson’s questions rather than giving speeches.

In an excruciating mid-morning exchange on Friday demonstrated Mr Robertson was going to make sure the ex NSW premier adhered to this.

ICAC was played a tapped phone call where Ms Berejiklian’s one-time lover, disgraced MP Daryl Maguire, lobbied the then premier over a land deal that would earn him $1.5 million.

The question Mr Robertson wanted answered was not whether Ms Berejiklian knew her boyfriend was involved in corrupt behaviour but whether she “suspected it”.

Mr Berejiklian repeatedly did not answer the question.

On one occasion she said Mr Maguire frequently spoke about “pie in the sky” and that she simply stopped listening to him.

On another she told Mr Robertson she “was just being polite” in her responses to Mr Maguire.

After each non answer, Mr Robertson stopped Ms Berejiklian, repeated his question and again asked her to answer it.

“I’m asking if it stood out to you as strange or unusual … that a sitting MP might be able to make $1.5 million from a land deal,” Mr Robertson asked.

At one point helping her along by asking “is that a no?”.

Ms Berejiklian confirmed that it was, and the grilling continued, and will resume again on Monday morning.

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