LIVE: ICAC inquiry: Daryl Maguire admits relationship with Gladys Berejiklian began earlier than thought

NSW Premier Gladys Berejiklian's ex lover has made sensational new claims to the corruption watchdog that the couple's secret love affair began up to seven years ago in 2013.

NSW Premier Gladys Berejiklian's ex-lover has made sensational new claims to ICAC that their secret love affair began up to seven years ago in 2013.

The new timeline is substantially earlier than Ms Berejiklian claimed when she gave evidence to the ICAC on Monday when she suggested it began in 2015. She also noted the pair had been friends for years.

The leaked transcript that was inadvertently uploaded yesterday afternoon despite being the subject of what was an effective suppression order triggered an apology this morning from the ICAC commissioner Ruth McColl.

"On behalf of the commission, I would like to apologise for that inadvertent loading,'' she said.

Ms Berejiklian's lawyer has savaged the Independent Commission Against Corruption over the "violation" of leaked transcript of her ex-boyfriend Daryl Maguire's private hearing. Her lawyer, Arthur Moses wants ICAC to determine who downloaded the document before it was removed from the website.

Mr Maguire, a former Liberal MP, is accused of "monetising" his office to assist property developers gain access to politicians to secure deals, benefiting financially but not disclosing his income.

Ms Berejiklian was implicated when it emerged on Monday that she and Mr Maguire had been in a secret relationship for several years, with damning phone wire tapes revealing they also discussed his business dealings.

Our live coverage has ended for the day, here's how it unfolded.

Updates

7:57 pm October 16, 2020

What Gladys said about relationship dates

Just to conclude today, NSW Premier Gladys Berejiklian was asked directly about when the relationship really started at a press conference in Sydney today but she wasn't giving much away.

"You stand by your testimony that you gave on Monday that the relationship started in 2015?,'' she was asked by the ABC reporter Ashleigh Raper.

"What I will say is, whatever I have said openly and transparently is in the evidence,'' Ms Berejiklian said.

Well, that's as clear as mud. So, let's return to Ms Berejiklian's transcript of evidence on Monday.

The hearing on Monday was underway for a period of time before the bombshell over her "close, personal relationship" with Mr Maguire was detonated.

"Ms Berejiklian, have you ever been in a close personal relationship with Mr Maguire?'' she was asked by counsel assisting Scott Robertson.

She responds:

MS BEREJIKLIAN: "Yeah, I would like to state at the outset that Mr Maguire was a colleague of 15 years. He was someone that I trusted. He was a trusted colleague.

THE COMMISSIONER: Ms Berejiklian, you should answer the question.

MS BEREJIKLIAN: I am answering the question, Commissioner.

THE COMMISSIONER: You should answer directly. It was capable of a yes-or-no answer.

MS BEREJIKLIAN: Yes, sure. And that, and that, and that developed into a close personal relationship.

The NSW Premier is then asked if she was in a "close personal relationship with Mr Maguire from at least about the time of the 2015 election?

Ms Berejiklian responds: "To the best of my recollection, yeah."

But she is also asked: "Is it right to say that, at least before that period of time, you at least had a personal attachment to Mr Maguire, even if at that point in time you weren’t in a close personal relationship?.

The NSW Premier responds: "Yes, we were close, yep."

– Samantha Maiden

6:57 pm October 16, 2020

Shock twist in Gladys' love affair

NSW Premier Gladys Berejiklian's ex lover has made sensational new claims to the corruption watchdog that the couple's secret love affair began up to seven years ago in 2013.

The new timeline is substantially earlier than Ms Berejiklian claimed when she gave evidence to the ICAC on Monday when she suggested it began in 2015. She also noted the pair had been friends for years.

The corruption watchdog took the evidence during a private hearing but has agreed tonight that the information on the relationship timeline is in the public interest and should be released.

It follows the inadvertent publication of the transcript on the website on Thursday night which triggered an apology to Ms Berejiklian.

The ICAC transcript

The transcript is as follows:

MR ROBERTSON: Mr Maguire, what I’d like you to reflect on is an answer that you gave to a question that 1 asked you in the public session, the public inquiry, namely, whether the close personal relationship that you had with Ms Berejiklian in fact started in 2015 or 2016 or whether it in fact at least started at some earlier point in time. Now, I accept that these are the kind of things that develop over time. But what I want you to reflect on or what I’d like you to reflect on is whether it’s at least possible that a close personal relationship, a close emotional attachment and close relationship between you and Ms Berejiklian may in fact have been on foot at some time prior to 2015.

MR MAGUIRE: Yes.

MR ROBERTSON: And so doing the best you can, when do you think the relationship developed into something that could be fairly described as a close personal relationship as distinct from a friendship?

MR MAGUIRE: Oh, I don't know that I could put a date on it. We, we were always good friends and slowly over time the, the relationship developed. I, I couldn’t tell you when it started.

MR ROBERTSON: I’m not suggesting for a moment that there’s some magic date—-?—Yes.

— that you can identify, but would it be fair to say that you were in a close personal relationship with Ms Berejiklian in calendar year 2014?

MR MAGUIRE: Yes.

MR ROBERTSON: What about 2013?

MR MAGUIRE: Yes.

During the private hearing, Mr Roberston notes that his public evidence is in conflict with his private evidence in terms of the timeframe. “But would it be fair to say that you were in a close personal relationship with Ms Berejiklian in calendar year 2014?” And you say, “Yes.” Do you see that there?

MR MAGUIRE: Yes.

MR ROBERSTON: What about 2013?” You say, “Yes.” Do you see that there?

Now, obviously that’s from your perspective. From your perspective the relationship was a close personal relationship on those two dates that you there identify. So is it right that at least from your perspective, you were in a close personal relationship with Ms Berejiklian in calendar year 2014, is that right?

MR MAGUIRE: I originally said ’15 and I lean towards ’15 still, or late ’14. That was, that’s my recollection, somewhere there.

– Samantha Maiden

4:14 pm October 16, 2020 Highlight

Tractor tale was 'stupid'

By Samantha Maiden

Mr Maguire has given some dramatic evidence on the day the ICAC investigators turned up at his property in Wagga Wagga to seize his mobile phones.

The former Liberal MP has revealed they arrived with multiple vehicles and included some armed police officers which prompted him to have his first cigarette in 30 years.

Picture: Vince Bucello

“I was in shock. I was in shock,” he told ICAC.

He’s also denied that he ran over his iPad and iPhone and is now suggesting it was simply a story he told to encourage others to dispose of records.

He now says that this story was “stupid” and he’s not sure why he told his former business associate Maggie Wang the story. 

“I recall I said a tractor ran over it. I was just being stupid.”

3:36 pm October 16, 2020 Highlight

Maguire grilled over destroyed USB

By Samantha Maiden

Counsel assisting Scott Robertson is really working up to a rather dramatic close to the days questioning at the corruption inquiry where he is asking Mr Maguire if he sought to encourage staff and associates to delete or destroy potential evidence.

This was after his first appearance before ICAC in 2018 when he knew he was on the corruption watchdog's radar.

He's also being asked about that unfortunate loss of the USB that he dropped near the farm gate and whether it was destroyed on purpose.

"I didn’t care if I kept it or not but I did genuinely drop it at the gate accidentally,'' he said.

"I don't know if I had a plan to destroy that. I thought my electronic equipment would go back to Parliament."

Mr Robertson has asked Mr Maguire if he "sought destruction of not only of your own records, but others as well."
Asked if the motivation was to keep evidence from ICAC or other investigators, Mr Maguire conceded it was "part of it."
He's also asking him if this was part of a premeditated attempt to destroy records that ICAC might be interested in as it investigated him. 

3:16 pm October 16, 2020 Highlight

Maguire can't remember $5000 commission

By Samantha Maiden

NSW Premier Gladys Berejiklian's ex Daryl Maguire is having trouble remembering whether he received a $5000 commission from developers which he didn't disclose to Parliament. 

"I cannot for the life of me recall this. I honestly don't know,'' Mr Maguire said. 

He's also being probed whether he asked a staffer Sarah Vasey to copy data from his devices onto USB sticks.

He can't remember that either but he thinks he only asked her to copy contacts from his phone. 

The inquiry has previously heard allegations that his iPhone and iPad had an unfortunate accident with a tractor. 

It appears he also dropped a USB near the farm gates and it got run over.

"You deliberately lost it?,'' counsel assisting Scott Robertson asked.

"No,'' Mr Maguire replied.

1:04 pm October 16, 2020 Highlight

Disgraced MP's secret code with Premier

By Samantha Maiden 

NSW Premier Gladys Berejiklian's ex-lover has revealed he spoke in code during some of the couple's phone calls over his business deals referring to his "little friend ….with the polished head" because it was on a "need to know basis".

The former Liberal MP Daryl Maguire has also confirmed he limited the information he gave to the NSW Premier because it might not "reflect well on her" if she knew more.

During one phone conversation he spoke about a property developer as his "little friend" with a "polished head."

"You know my little friend?,'' Mr Maguire said. When Ms Berejiklian said "not really" and she didn't need to know, he replied "I think you do. My friend with the polished head".

"Why did you say you were meeting with your friend with the polished head?'' counsel assisting Scott Robertson asked today.

"Why were you using code in that call?"

Mr Maguire replied he didn't know before adding: "To keep information from her. On a need to know basis."

The former Liberal MP added he didn't want to burden her with information she didn't need to know.

"But why would you do it on a need to know basis?,''' Mr Robertson asked

Mr Robertson then asked Mr Maguire if that was really the reason, or if the information might force her to take action or lead to some criticism or if he didn't want to "fix" her with information. 

"My answer to you is there were things happening, as you know, around the place. I just didn't think she needed to know. It didn't need to be said,'' Mr Maguire said.

But Mr Robertson continued to probe whether he was worried that more information would pose a dilemma for the NSW Premier and if it was a problem for him or for her.

"I would suggest her. It wouldn't reflect well on her,'' Mr Maguire replied.

12:45 pm October 16, 2020 Highlight

Maguire probed on Valentine's Day phone call

By Samantha Maiden
NSW Premier Gladys Berejiklian ex-lover has been probed over the couple's Valentine's Day call two years ago that canvassed his business deals, his hopes to retire from politics but his concerns that: "I can’t go to nothing."

The covert recording took place on February 14, 2018, just months before Mr Maguire was forced out of politics over land commissions on property deals involving Country Gardens.

During the call, Mr Maguire appears to refer to the Country Gardens deal that was ultimately at the centre of his departure from politics several months later in July.

At some point in the call Mr Maguire tells Ms Berejiklian that “Country Garden has f****ing fallen through”.
Counsel Assisting Scott Robertson asks if this is a reference to Country Garden no longer being linked to a purchase to the Waterhouse development.
“Yes,” he replied.
Ms Berejiklian has previously given evidence she doesn't recall being told about Country Gardens or that she understood at the time what he was talking about.

In a phone tap, Mr Maguire reveals that Country Garden is a client and he stands to earn a commission over a deal involving the development.
“I’ve got a meetin g tomorrow morning with Joe and those guys try and tie that up I’m working bloody hard because Country Garden has f***ing fallen through and Jimmy’s we got his over the line that’s good I can’t I can’t not go to nothing I have to go to something there is no future doing things for NSW government.”

In the call, Ms Berejiklian and Mr Maguire appear to be talking about his divorce and the financial fallout on the Valentine’s Day phone call.
“No I’m just trying, trying to let you think about what you need to do and all that stuff that’s all,’’ Ms Berejiklian says.

The Liberal MP says he just needs to “get these things over the line that’s why I was late for the thing last- working, working, working.”
Ms Berejiklian responds by calling him “Hokis” an Armenian term of affection.

“Yes I know that’s why I am giving you space. I’m trying not to stress you,’’ Ms Berejiklian says.

“I’m trying to support, support you not stress you.”

Mr Maguire responds: “I don’t want to be pushed into a corner, that’s why I’m working hard. You know that’s why I went to the meeting. Why I was late. That’s why I’m having lunch with people. I’m working.”

The inquiry has heard that Mr Maguire was in the midst of a divorce and knew he had to hand over a substantial amount of his parliamentary pension to his wife, Maureen.

Ms Berejiklian has denied any wrongdoing or that she knew about her ex-lovers' controversial deals.

12:11 pm October 16, 2020 Highlight

Disgraced MP addresses missing email

By Samantha Maiden

Former Liberal MP Daryl Maguire is being grilled on what he meant when he told racing heir Louise Waterhouse he would send an email to the NSW Premier and his secret lover to get "a tickle from up top".
The email has subsequently mysteriously gone missing.
Mr Maguire told the ICAC today that he agreed the email was designed to lend support for a property deal he hoped to personally profit from.
But asked if Ms Berejiklian did anything about the matter, if she indeed did provide a "tickle from up top", Mr Maguire said he didn't think she did anything at all.
Ms Berejiklian’s chief of staff has previously told the Independent Commission Against Corruption the email had been deleted, but later clarified that was just an “assumption”.

When asked on Monday in front of ICAC whether she ever gave Ms Waterhouse’s issue a “tickle from the top” the Premier answered: “Not to my recollection.”
The email from Ms Waterhouse to Ms Berejiklian’s personal email address was sent on November 15, 2017.
Mr Maguire gave Ms Waterhouse the Premier’s personal email address on November 14, 2017. In an intercepted phone conversation, Mr Maguire told the racing heir, referring to the Premier: “Then she will then give it a tickle from up top.”
In today's hearings, Mr Maguire said he couldn't recall if he discussed it with the Premier.
Counsel Assisting Scott Robertson then offered to "let me assist" on this matter by playing the audio of an intercepted phone call that was covertly recorded by ICAC investigators.
A phone call between the Premier and Mr Maguire occurred on November 15, 2017.
Mr Maguire asks Ms Berejiklian if she had received an email from "our friend Louise."
After she answered “no”, Mr Maguire said: “You will. She’ll send you an email. She’s really pissed off now so um, about the, you know, the, the airport.”

11:45 am October 16, 2020 Highlight

'What is the test for you to resign?'

By Samantha Maiden

A defiant NSW Premier Gladys Berejiklian has ended the week still in the top job and is adopting an increasingly confident approach during her confrontations with the press pack.
During today's grilling, Sky News reporter Andrew Clennell demanded the NSW Premier answer a series of questions over her conduct before asking her: "What is the test for you to resign?".
Ms Berejiklian's response was crisp and defiant.
"When I have done something wrong,'' she said.
" "The public knows every day I have been in this job they have done my job with…integrity, working hard for the people of this great state."
The NSW Premier said she was a witness and "I have not been accused of any wrongdoing."
Asked who at the ICAC had made that clear to her she replied: "I will leave it at that."
Earlier, Ms Berejiklian was asked about Mr Maguire's evidence that he tried to limit the information he told her about his business deals or what she meant when she said "I don't need to know about that bit".
"Was that information you didn't want to know about?,'' she was asked by reporters.
"Again, please, I spent six hours being very open and transparent, and I refer you to those comments,'' she said.

"I'm not aware of what has happened this morning, but I say this: I have been supportive as a witness to the proceedings and I will continue to do so. I have been extremely open and transparent."
Ms Berejiklian again insisted she was not asking Mr Maguire to keep her in the dark.

"I have made that clear, absolutely not,'' she said.

"I made comments in relation to that during my public evidence, and I ask you to refer to those comments, because they were very open and transparent, very honest."

11:42 am October 16, 2020 Highlight

NSW Premier's hint at banning MPs

By Samantha Maiden

For the first time since this scandal erupted the NSW Premier has hinted she may move to ban MPs from being paid commissions by property developers.
Ms Berejiklian has previously argued that her ex-boyfriend's activities were within the rules as long as it was disclosed to Parliament.
Regardless, it seems to be highly unusual with one Labor frontbencher Ryan Park saying he had never heard of an MP taking a similar "commission" on a land deal.
But during a fiery press conference today Ms Berejiklian opened the door to future reforms.
"I have always that I'm happy to consider arrangements that increase the accountability with which MPs are held and I am always happy to consider recommendations whether they are from integrity bodies or members from Parliament to further put restrictions on the activities of MPs,'' she said.