Andrew Clennell: Gladys Berejiklian brought down by letter of the law

Sky News Political Editor Andrew Clennell admits Gladys Berejiklian was one of the most skilled politicians he has come across but says if we expect everyone to abide by the rules and the law, she had to as well.

For months now Gladys Berejiklian has enacted a series of laws levying heavy punishment for simple acts such as visiting friends or not wearing masks in a bid to get on top of the pandemic.

But there was another state government law that ended up bringing her down, the ICAC Act section 11 that requires ministers and senior public servants to report ANY suspicion of corrupt conduct.

It was mentioned in the statement put out by ICAC that led to her resignation on Friday — saying its public hearings would look into a number of allegations including whether she had dishonestly exercised her public functions by not reporting suspicion of the corrupt conduct of her former MP Daryl Maguire.

Maguire, the premier’s former secret boyfriend, resigned in 2018 from parliament after being caught on a phone tap at the Independent Commission Against Corruption discussing getting a cut from a development.

Gladys Berejiklian steps down as NSW Premier. Picture: NCA NewsWire / Jeremy Piper

Berejiklian took a massive hit in the by-election that followed, but, a few months before the state election she narrowly won, did not go down to ICAC to tell what she knew about Maguire’s business dealings. That knowledge was captured on phone taps.

At the time Maguire quit, Berejiklian’s chief of staff advised ministerial staff to report anything they knew about Daryl Maguire to the ICAC — as per section 11.

Two staff did but Berejiklian did not.

In fact, the premier goaded then Labor leader Luke Foley in parliament in 2018 that if he had any information on Maguire he should rush up to ICAC to tell them.

No-one was the wiser until ICAC called her up last year and played a series of phone taps between Gladys and her former lover.

ICAC was set up by a former Liberal premier who ironically fell to it, Nick Greiner, because NSW was seen as a corrupt state.

Sky News reporter Andrew Clennell often pushed the Premier for more answers during the daily Covid updates. Picture: NCA NewsWire/Joel Carrett

Berejiklian’s departure will be mourned by many — not least of which are professional women who saw her conquer the male dominated world of Liberal parliamentary politics.

She and those who served her such as NSW chief health officer Kerry Chant and Police Commissioner Mick Fuller have largely done a good job during the pandemic save for debate about whether the premier should have locked down quicker in June.

Berejiklian was also one of the most skilled politicians I have come across.

But if you expect everyone to abide by the rules and the law, you have to do so yourself.

It is up to ICAC to prove now Berejiklian did the wrong thing.

But to suggest ICAC shouldn’t be part of the picture is suggesting a return to the days when brown paper bags full of cash turn up at Macquarie Street.

And Berejiklian knew at every step what her duties were under the ICAC Act.

“The standard you walk past is the standard you accept,” she once yelled across the chamber about former Labor leader Michael Daley’s allegedly racist comments her party dropped out before that 2019 election.

Berejiklian sought to blame ICAC for her departure in her statement yesterday.

But if she wanted to look at who inflicted the damage that led to her being forced to either stand aside or resign yesterday, she would be better placed to look in the mirror.

“I don’t need to know about that bit”, Berejiklian said to Maguire of his dealings on a phone tap played at the ICAC last year.

But she did need to know. And so did ICAC.

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