NSW Premier Gladys Berejiklian: The Daryl Maguire deals ICAC is investigating

Gladys Berejiklian faces two days of reckoning as her former love fronts a corruption hearing, with more embarrassment in store for the Premier.

Gladys Berejiklian is hoping to ride out the scandal surrounding her secret relationship with disgraced Wagga Wagga MP Daryl Maguire but worse could be yet to come.

Today and tomorrow, her former flame will appear before the Independent Commission Against Corruption (ICAC) to answer questions about whether his behaviour while in parliament could be considered corrupt.

His evidence may end up deciding whether Ms Berejiklian survives in her job, with NSW Parliament also sitting on both days, giving her critics plenty of opportunity to attack.

Labor leader Jodi McKay has confirmed her party will be moving a motion of no confidence in Ms Berejiklian today.

The gloves were already off at Tuesday’s sitting with Ms McKay calling the Premier “delusional”, while other insults and accusations were hurled across the chamber.

“I want to state unequivocally, Madam Deputy Speaker, that at all times, I’ve acted in accordance with the highest levels of accountability,” Ms Berejiklian said, drawing scoffs from the MPs on the other side.

Hours earlier Ms Berejiklian faced a barrage of questions from reporters and insisted there was “nothing wrong” with her carrying on a relationship with Mr Maguire.

Critics have suggested the Premier should have known what Mr Maguire was up to and instead turned a blind eye to corruption and failed to report his activities.

On Monday the ICAC inquiry heard that Mr Maguire had discussed the sale of a large parcel of land in Western Sydney with the Premier, and gave its owner Ms Berejiklian’s private email because he thought a “tickle from the top” might help overcome planning issues.

Mr Maguire stood to earn a commission of more than $500,000 if the sale went through but Ms Berejiklian told the inquiry she never responded to the email.

However, she did admit to knowing about the $1.5 million debt Mr Maguire was desperate to pay off.

During phone conversations, Ms Berejiklian also tells Mr Maguire she doesn’t want to hear certain details about his deals, saying at one point: “I don’t need to know about that bit”.

The Premier has said Mr Maguire was not able to gain any personal benefit despite the fact “he had a go, quite a few many times”.

The Sydney Morning Herald this morning reported Ms Berejiklian met with two publicans with criminal histories at the urging of Mr Maguire after her own racing and gaming ministers allegedly refused.

“Unfortunately, despite a positive meeting, there was no positive outcome from the meeting,” a third publican told the SMH.

The Australian has also unearthed a photo that raises doubts about whether Ms Berejiklian was truthful during her appearance at ICAC when she claimed she had no knowledge of a prominent Sydney property developer, Iwan Sunito, whose name emerged in telephone intercepts.

Many in the community and among her colleagues are standing by Ms Berejiklian but any new revelations may spell the end of her leadership and some have suggested she won’t last the week.

Over the next two days the full extent of Mr Maguire’s dealings will be exposed, keeping the Premier’s behaviour in focus and drawing attention to her lack of judgment.

So what are the allegations that Mr Maguire is facing?

RELATED: The problem with Gladys playing the victim card

Gladys Berejiklian with Daryl Maguire.

RELATED: Berejiklian relies on Clinton defence

WHAT IS MAGUIRE ACCUSED OF?

The ICAC inquiry is looking into whether Mr Maguire breached his duty as a MP, which is to serve the public, and instead pursued his own financial interests and those of his associates.

The commission says that Mr Maguire appears to have pursued a number of commercial opportunities between 2012 and 2018, “although not always successfully”.

“Commonly those interests involved at least some level of association with China,” the opening statement from the counsel assisting the commission said.

There are four main things the inquiry intends to look at: Mr Maguire’s involvement in a company called G8wayInternational Pty Ltd, whether he was participating in a cash for visas program, his relationship with developers and whether he was using his role as chairman of the NSW Parliament Asia Pacific Friendship Group to open doors for another group of Chinese businessmen he was involved in.

THE COMPANY CALLED G8WAYINTERNATIONAL

The inquiry will look at whether Mr Maguire used or attempted to use his parliamentary office and the access it granted him to advance his own interests and that of a company called G8WayInternational Pty Ltd.

Mr Maguire’s close friend and former election campaign manager Phillip Elliott registered the business name for the company in 2012.

While Mr Maguire distanced himself from the company’s ownership and managerial structure, evidence suggests he shared an interest in its financial success and was a “de facto director”.

“Opportunities were largely pursued either in China, or in Australia or the South Pacific, albeit involving Chinese associates,” the counsel’s opening statement said.

Prior to G8wayInternational’s incorporation, Mr Maguire appeared to have already been pursing business opportunities in China.

Emails obtained by the commission show Mr Maguire communicating with regional wine producers, using his parliamentary email address, about possible sales into China for which he and/or “his” company would make a commission.

Over the years G8wayInternational generated income including a commission of more than $9000 for the sale of nearly $30,000 worth of wine in China.

RELATED: Colleagues support Gladys but leadership may not survive

RELATED: How Gladys got caught up in MP’s ICAC scandal

Former NSW MP Daryl Maguire is seen leaving a previous ICAC inquiry in 2018. Picture: Erik Anderson/AAP

The company also appears to have charged a fee for providing an “introductory service” to a delegation from China’s Liaoning Province to the NSW Parliament, during which the province’s party secretary had a courtesy call with then Premier Barry O’Farrell.

“Despite some success, G8wayInternational does not appear to have produced the financial returns that Mr Maguire and Mr Elliott envisaged,” the opening statement said.

The company’s business model appeared to revolve around opening the door for Australian and Chinese business interests, in return for a fee or commission.

Mr Maguire’s extensive contacts were thought to have been important.

“Mr Maguire knows people – in this case it is a regional wine producer. He has cultivated trade contacts in China over a long time. He puts his respective contacts together and seeks a commission for his service.”

On G8wayInternational’s website it spruiked services, including to “host and arrange” a tour from China to Australia, or from Australia to China.

“At each end you will be met by our people who have the connections within the economic marketplace as well as at all levels of government,” the website suggests.

The counsel also believes Mr Maguire may have seen himself as being in a “partnership” with former staff members Nicole Hatton and Rebecca Cartwright.

Whether he drew on their time to help in his private business activities will also be investigated. Using parliamentary staff for this purpose is against the Code of Conduct for parliamentarians.

Mr Maguire never declared any income that came from his activities with G8wayInternational in his parliamentary returns between 2012 and 2018.

CASH FOR VISAS

The inquiry will also look at whether Mr Maguire benefited improperly from referring constituents to an immigration “specialist” at G8wayInternational.

Mr Maguire referred Chinese nationals that came to his office, to a woman named Maggie Wang as part of a suspected “cash for visas” scheme.

It’s thought Mr Maguire may have misused his public office, including his physical office at Parliament House and the “colour” of his office as Member for Wagga Wagga, to improperly gain a benefit for G8wayInternational and/or himself by referring constituents to Ms Wang.

The scheme saw tens of thousands of dollars go to three Riverina businessmen to employ Chinese workers who never turned up for the job.

On Tuesday, Ms Wang admitted to lying about the immigration scheme during a secret ICAC hearing in 2018, and again in hearings in August and September this year.

Mr Maguire is alleged to have identified businesses around Wagga Wagga willing to sponsor workers, which were then matched with people seeking an employer nomination scheme visa or regional migration scheme visa.

The person or their family then paid a “training fee” that would be shared with the business and G8wayInternational, as well as an amount of money equivalent to their wages for three or more months.

The counsel noted that during a compulsory examination, Mr Maguire accepted that he had received cash from Ms Wang linked to immigration placements that he had facilitated.

RELATED: Bill Shorten says what Aussies are thinking

Maggie Wang during a private tour of NSW Parliament House allegedly organised by Daryl Maguire. Source: Maggie Wang/ICAC

ASIA PACIFIC FRIENDSHIP GROUP

Mr Maguire was the chairman of the NSW Parliament Asia Pacific Friendship Group from June 21, 2011 until his resignation from Parliament.

Parliamentary friendship groups are formed among MPs who have a common interest, and they are not allowed to undertake commercial activities.

The inquiry will scrutinise whether Mr Maguire used this position — and the diplomatic connections it provided him — to further the commercial interests of a separate organisation called the Shenzhen Asia Pacific Commercial Development Association (SAPCDA), which was basically a consortium of private businessmen in China.

Mr Maguire was the honorary chair of SAPCDA, which was established to open up business co-operation, information sharing and mutual development with the South Pacific Island countries.

In particular the inquiry will look at a visit to Samoa that members of SAPCDA took in April 2017.

Evidence suggests that Mr Maguire arranged a meeting with the head of the Samoan Chamber of Commerce via the Consul-General of Samoa.

This may have led to a casino proposal in Samoa by business interests connected to SAPCDA. A call recorded between Mr Maguire and Mr Elliott suggested the former MP and/or G8WayInternational may have had a financial interest in the project.

If the project proceeded, there may have been “a bit of cash flow back in the tin”.

Daryl Maguire (centre) with Maggie Wang (left) and Ho Yuen Li (right) in 2017. Picture: ICAC

Minutes of a SAPCDA meeting also revealed Mr Maguire’s thoughts about how his membership of the friendship group could benefit SAPCDA.

“As the chairman of the NSW Parliament Asia Pacific Friendship Group and honorary chairman of SAPCDA, I will help expedite the work at SAPCDA by reasonably using the long-term network I have built with government officials such as the consuls general and commercial counsellors,” Mr Maguire is recorded as saying.

The commission will look at whether Mr Maguire improperly used his role and the accompanying diplomatic weight of his office as chair of the friendship group as a “door opener” or “gateway” in the pursuit of his own financial interests as well as private Chinese business interests.

It will also look at Mr Maguire received travel expenses for his trip from the president of SAPCDA, Ho Yuen Li, after evidence emerged of the former MP being handed an envelope at Sydney Airport that had cash inside.

No payment for travel expenses were declared in any of Mr Maguire’s subsequent returns.

He also did not disclose his activities with SAPCDA formally to the friendship group although he did declare his membership on his parliamentary returns.

INVOLVEMENT WITH DEVELOPERS

Mr Maguire’s involvement in what he described as “door openings” and “lobby work” for developers while he was a MP will be further explored.

He had relationships with a number of developers and vendors, and he appears to have taken steps to further their interests, and on some occasions to earn profits for himself.

During an earlier inquiry into Canterbury Council, Mr Maguire admitted he had an interest in facilitating the sale of properties owned by interests associated with Charbel (Charlie) Demian, to a large property development company based in China called Country Garden.

He also admitted that he and former Canterbury councillor Michael Hawatt were planning to share in commissions obtained from property developers who sold their properties to clients of Mr Maguire.

The Canterbury Council revelations saw Mr Maguire resign from his role as a parliamentary secretary as well as a member of the Liberal Party in 2018. He also resigned from parliament a few weeks later.