Inaugural ICAC boss Ken Fleming dead

Prominent but controversial NT legal figure Ken Fleming has died in Queensland. Read how he’s being remembered.

The Territory’s inaugural independent Commissioner Against Corruption, Ken Fleming KC, died last week in Queensland.

Current serving ICAC Commissioner Michael Riches released a statement on Wednesday announcing his predecessor’s death.

He said Mr Fleming had a distinguished legal career spanning almost five decades that began in 1976 as a practising barrister before being appointed senior counsel in 1988.

Mr Fleming practised family, criminal, civil and international law.

In November 2018, Mr Fleming began as the first ICAC Commissioner in the Territory and continued in that role until his early retirement in 2021.

Former NT ICAC boss Ken Fleming. Picture: AAP Image/David Clark

“When Ken commenced as Commissioner, he had the formidable task of establishing a new integrity agency in the Northern Territory,” Mr Riches said.

“Few will understand the unique challenges and pressures that accompany such a task. While our paths crossed on only a few short occasions, staff who worked with Ken remember him as a leader who was highly committed to his role and who genuinely cared for his employees.

Mr Fleming’s time as ICAC commissioner was shrouded in controversy following a number of questionable investigations and a high-profile appearance at NT Estimates in 2021.

On that occasion, not long before his retirement, he took hastily arranged leave after he criticised a whistleblower and threatened to pursue a journalist to reveal sources.

A high-profile investigation into the construction of a grandstand at Darwin Turf Club was mired in controversy when it emerged one of the ICAC investigators had previously been involved in a dispute with the club.

Independent Commission Against Corruption's Ken Fleming in Alice Springs. Photo: EMMA MURRAY

Also in 2021 Mr Fleming was forced to apologise “unconditionally” when it emerged two City of Darwin employees excoriated in a corruption report had been denied “natural justice” when their response to the allegations had been missed when it filtered into the ICAC’s junk mail.

A corruption finding against then NT Speaker Kezia Purick also resulted in an out-of-court settlement because the ICAC had not properly accessed evidence against her and he also implied an NT News reporter could be jailed if he didn’t reveal a source.

As well, Mr Fleming had to recuse himself from conducting an investigation into NT police following the 2019 shooting death of an Aboriginal man in Yuendumu, after he referenced the anti-racist group Black Lives Matter while addressing a rally in Alice Springs.

“One of the most important messages today is ‘Black Lives Matter’,” Mr Fleming said. “Anybody who says contrary to that is guilty of corrupt behaviour.”

Before coming to the Territory, Mr Fleming had to also walk back comments he made during the inquest into the deaths of four people at Dreamworld when he accused a law firm of compromising witness evidence.

Mr Riches said his thoughts were with Mr Fleming’s loved ones.

“I honour not only his contribution to the legal profession, but in further developing the public integrity framework in the Northern Territory. My thoughts are with Ken’s family and friends at this difficult time.”