Gladys Berejiklian points of appeal against ICAC’s finding she engaged in corrupt conduct

Details have been revealed about Gladys Berejiklian’s appeal against ICAC’s ruling that she engaged in corrupt conduct. The ex-premier has hired Australia’s top barrister for the fight.

Former NSW premier Gladys Berejiklian claims she is not corrupt because she was not acting to receive a private benefit when approving the pet projects of her “close personal friend” Daryl Maguire without disclosing their relationship.

Instead, it was the people of Mr Maguire’s electorate of Wagga Wagga who benefited.

The claim is one of several appeal points Ms Berejiklian has filed in the NSW Court of Appeal in her legal fight to overturn a finding by the Independent Commission Against Corruption that she engaged in serious corrupt conduct.

Mr Berejiklian has hired Australia’s top barrister, Bret Walker SC, whose fees are rumoured to be $25,000 a day, to lead her legal challenge.

In June, the Independent Commission Against Corruption made a finding that Ms Berejiklian engaged in corrupt behaviour by exercising her political power to advocate for projects in Mr Maguire’s electorate of Wagga Wagga without disclosing her relationship with him.

Former premier Gladys Berejiklian is driving forward with an appeal against ICAC findings. Picture: Monique Harmer

The Sunday Telegraph understands that Ms Berejiklian’s legal team will dispute that Ms Berejiklian could have received a private benefit by sitting on the committee that made decisions about funding for projects in Mr Maguire’s electorate.

ICAC found that Ms Berejiklian took steps as part of a committee to advance Mr Maguire’s pet projects, including the Australian Clay Target Association in Wagga Wagga and the Riverina Conservatorium of Music, without disclosing her close personal relationship with him.

Gladys Berejiklian with disgraced ex-MP — and her ‘close personal friend’ — Daryl Maguire.

ICAC assistant commissioner Ruth McColl, a retired NSW Supreme Court judge. Picture: John Feder

Ms Berejiklian is also set to argue that ICAC assistant commissioner Ruth McColl, who made the corrupt finding, did not have the legal authority to do so.

Ms McColl delivered the adverse findings against Ms Berejiklian in June this year.

But it is understood Ms Berejiklian will argue that Ms McColl did not have the legal authority to make the finding because the former judge ceased acting in her position as temporary ICAC commissioner at the end of 2022.

This meant Ms McColl only held the position of a consultant to ICAC, which does not have the power to make findings.

Ms McColl was appointed to the role to avoid a conflict of interest because ICAC had been lobbying Ms Berejiklian for funding.

The two arguments are among a number of challenges that Ms Berejiklian has filed with the court.

The appeal is listed for a directions hearing on October 9.

ICAC also found Ms Berejiklian engaged in corrupt conduct by failing to report suspicions that Maguire had engaged in corrupt conduct.

She was never charged with any criminal offence.

However, Mr Maguire was charged with numerous offences, including giving false evidence to ICAC, and remains before the courts.

The ICAC investigation ended Ms Berejiklian’s political career. She resigned as premier and Willoughby MP after the investigation was announced.

She now works as an Optus executive and is still backed by prominent Liberals.

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