ICAC has the right to ruin reputations, top prosecutor says

The Director of Public Prosecutions has told the ICAC parliamentary committee that ruining someone’s reputation is part of the punishment for bad public behaviour.

The state’s top prosecutor has backed the corruption watchdog’s powers to ruin a person’s reputation even if it is later found they have not committed a criminal offence.

The Director of Public Prosecutions Lloyd Babb SC has told the parliamentary committee looking into the impact an adverse finding by ICAC can have on someone’s life that ruining their reputation is part of the punishment.

Mr Babb said he was against the proposal to allow someone adversely named by ICAC to be able to have the findings expunged if they are subsequently acquitted of a criminal offence.

Lloyd Babb, the NSW Director of Public Prosecutions, says reputational damage from ICAC is there as a deterrent. Picture: AAP Image/David Moir

Top barrister Margaret Cuneen was wrongfully pursued by ICAC. Picture: Richard Dobson

He said the Office of the DPP could not rely on the same evidence given to ICAC.

“An adverse finding can have significant effect on a person’s reputation and life,” Mr Babb said in a submission to the parliamentary inquiry.

“Such effect was clearly intended by parliament both as a deterrent and a form of punishment for undesirable conduct in the public sphere.

“Any reputational impact is a necessary and intended consequence of ICAC exercising its functions to expose and prevent corruption in the NSW public service.”

The inquiry follows a number of high-profile embarrassments for the Independent Commission Against Corruption including the wrongful pursuit of one of Mr Babb’s former employees, top barrister Margaret Cunneen SC.

Premier Gladys Berejiklian has recently faced questioning. Picture: NCA NewsWire/James Gourley

It comes as Premier Gladys Berejiklian has been giving evidence about her “close personal relationship” with disgraced former NSW MP Daryl Maguire.

No adverse findings were made against Ms Cunneen and there was no evidence of misconduct but her husband Greg Wyllie has told the parliamentary committee on ICAC that their experience was a “nightmare”. ICAC investigated an anonymous complaint that Ms Cunneen advised the girlfriend of one her sons to fake chest pains to avoid a breath test after a serious accident and ICAC was found to have acted illegally. The girlfriend had a zero blood alcohol level.

The premier’s questioning came over her relationship with disgraced MP Daryl Maguire. Picture: Dylan Robinson

“I would … ask that you recommend that everyone whose reputation has been adversely affected by ICAC’s habit of publicly humiliating people in advance of any adverse finding should receive the benefit of an unqualified public exoneration and, if appropriate, an apology,” Mr Wyllie said in his written submission.

“This may have the effect of ensuring that ICAC ceases to pursue entirely innocent people, as it has demonstrably done so many times,” he said.

Ms Cunneen has since left the ODPP where she was a senior deputy crown prosecutor and works at the private State Chambers.