ICAC issued ‘please explain’ over Margaret Cunneen investigation fiasco by former Supreme Court judge
THE beleaguered ICAC was told its reputation is in danger and that it needs to explain what went wrong with its inquiry into prosecutor Margaret Cunneen.
NSW
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THE former Supreme Court judge tasked with overseeing the Independent Commission Against Corruption said its reputation was in danger and it needed to publicly explain its decision to investigate claims against top prosecutor Margaret Cunneen.
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In an unprecedented move, the Inspector of ICAC, David Levine, has revealed he has asked the commission to also explain the implications it sees as a result of its defeat in the High Court on Wednesday.
The move came as the ICAC’s powers came into question again yesterday in Downing Centre Local Court after it instigated a prosecution against disgraced former Labor minister Ian Macdonald.
Counsel for Macdonald, Phillip Boulten SC, told the court the corruption watchdog “had no power” to prosecute Macdonald, who is charged with misconduct. ICAC had told the High Court its decision in the Cunneen case could affect other investigations.
The High Court ruled the commission had exceeded its authority in pursuing Ms Cunneen over a claim she counselled her son’s girlfriend to pretend to have chest pains to avoid a breath test after a serious car crash in May last year.
She recorded a zero blood alcohol level. Ms Cunneen denies any wrongdoing.
“I am of the view that the present standing of the ICAC in the eyes of the public whose interests it exists to champion on issues of corruption and integrity is, to say the least, unhappy,” Justice Levine said.
“I have indicated to the commissioner my view that I can see no reason why the ICAC cannot now issue a media release or a public statement which in some way would go to explain that the complexities it sees as flowing from the High Court decision require sober consideration.”
He said he had also asked ICAC Commissioner Megan Latham about what appeared to be leaks to The Sydney Morning Herald yesterday.
“I can now advise that I have been in communication with the commissioner of the ICAC, not least by reason of the publication of material relating to sources in today’s Sydney Morning Herald,” he said.
The ICAC made no comment yesterday. Ms Latham went on leave on April 13 and will not return until April 27.
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