Margaret Cunneen says Gladys Berejiklian a victim of ICAC ‘shaming’ exercise

High-profile barrister Margaret Cunneen believes ICAC won’t recommend criminal charges against Gladys Berejiklian, saying she has been the victim of a “cruel” public shaming.

High-profile barrister Margaret Cunneen believes NSW’s corruption watchdog will not recommend any criminal charges against Gladys Berejiklian, saying the former premier has been the victim of a “cruel” public “shaming” exercise.

The former crown prosecutor turned defence barrister and Senior Counsel is chronicling some of the cases she has been involved in for a new book and has also included her thoughts on the treatment of Ms Berejiklian by the Independent Commission Against Corruption (ICAC).

Former NSW Premier Gladys Berejiklian addressing the media outside ICAC. Picture: NCA Newswire/Gaye Gerard

In the book, which is expected to be released in April, Ms Cunneen compares the treatment of the former premier — who was asked by ICAC about the nature of her relationship with disgraced ex-Wagga Wagga MP Daryl Maguire — to the “morally judgmental ’50s”.

There was no reason for details of the relationship to have been aired in public, with private hearings to have been sufficient for a view to be formed about the existence and extent of the relationship, Ms Cunneen said.

Barrister Margaret Cunneen successfully took ICAC to the High Court to clear her own name.

Ms Cunneen, who successfully fought ICAC in the High Court to clear her own name of questionable corruption charges, said the decision to go public for that part of the evidence was designed to “hurt”.

“There was something very reminiscent of the morally judgmental ’50s about the prurient attention to the detail of Ms Berejiklian’s relationship with Mr Maguire,” Ms Cunneen writes.

“It seems to me that Ms Berejiklian’s treatment was extraordinarily disrespectful and cruel. “There is something most ungallant about a decision to air such detail about any woman’s private life.

“In the ’50s this type of material was much more damaging to the reputation of a woman than a man.

“Whether or not the decision-maker was channelling those times, the decision to go public, for that part of the evidence, was designed to hurt. And it was an excruciating punishment delivered well in advance of any adverse finding.”

Ms Cunneen told The Saturday Telegraph the decision to air details of Ms Berejiklian and Mr Maguire’s relationship was more about shaming than investigating.

“It was once considered a virtue to keep one’s intimate relationships entirely private,” she said.

“In any event, is it inevitable that someone, particularly someone of exemplary integrity, would advantage a close or even intimate companion? This exercise appears more a shaming than an investigation.

“Almost inevitably ICAC will make some adverse finding which is not subject to any appeal. Almost inevitably ICAC will not recommend any criminal charge.”

Daryl Maguire giving evidence at the ICAC.

The comments followed intense public debate over whether it was appropriate for Ms Berejiklian to nominate for the federal seat of Warringah given ICAC had yet to release its findings following its extended Operation Keppel investigation.

While Ms Berejiklian had never publicly indicated any interest in nominating — and ruled herself out on Friday — she had sought the counsel of some of her moderate Liberal colleagues.

At least one Liberal believed the public would still require some form of “redemption” before accepting her as a candidate.