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Chris Burns, Daryl Manzies and John Elferink call for ICAC overhaul after Fleming saga

Former attorneys-general have called for an overhaul of the Territory’s anti-corruption watchdog after the ICAC commissioner attacked a whistleblower and threatened to force a journalist to reveal his sources.

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THREE former attorneys-general have called for an overhaul of the Territory’s anti-corruption watchdog after ICAC Commissioner Ken Fleming attacked a whistleblower and threatened to force a journalist to reveal his sources.

The former ministers – one Labor and two from the CLP – say they have serious concerns about how the ICAC is functioning and the comments of Mr Fleming. Former CLP attorney-general Daryl Manzie said he was deeply concerned Mr Fleming had used his appearance at Budget Estimates on Tuesday to attack a person who had made a complaint to the ICAC Inspector about conduct within the ICAC itself.

Former CLP attorney-general Daryl Manzie.
Former CLP attorney-general Daryl Manzie.

“The fact that he used that occasion to publicly vilify the whistleblower, or who he thought may be the whistle blower when that matter is being investigated independently (shows) there’s a total lack of appreciation of how he has to behave,” he said.

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Mr Fleming spoke at length during his appearance at Estimates in response to revelations by Sky News and the NT News that his office was being investigated by ICAC Inspector Bruce McClintock over allegations it had awarded lucrative contracts to the boyfriend of its Investigations Director. No findings of wrongdoing have been made.

Mr Fleming told the hearing the complaint had been made by a disgruntled employee who was driven by jealously.

Northern Territory Independent Commissioner Against Corruption Kenneth Fleming. Picture: Che Chorley
Northern Territory Independent Commissioner Against Corruption Kenneth Fleming. Picture: Che Chorley

He also said he intended to pursue the matter “and I should add that section 127A of the uniform evidence act does not apply to a journalist in hearings before me as the ICAC”.

“I am not a judicial entity and 127A gives privilege to a journalist in respect of a source if they appear in front of a judicial entity. I am not so defined,” he said.

Former Labor attorney general Chris Burns said the Commissioner “should understand that he is subject to public scrutiny like any major public figure in Darwin”.

“It’s a small place and you can’t lock everything away in a black box,” he said.

Former Labor attorney-general Chris Burns.
Former Labor attorney-general Chris Burns.
Former CLP attorney-general John Elferink.
Former CLP attorney-general John Elferink.

“What appears to be a direct threat towards a journalist does him no good in the public eye and raises even further questions.”

Dr Burns called for a full public review of the ICAC and its performance to date, saying he had concerns that the ICAC’s proceedings were held in camera.

Former CLP attorney general John Elferink said he had argued against the establishment of an ICAC in 2015 because he believed the NT’s various law enforcement agencies were already doing their job.

Original URL: https://www.ntnews.com.au/news/northern-territory/chris-burns-daryl-manzies-and-john-elferink-call-for-icac-overhaul-after-fleming-saga/news-story/83dc536aff438369ccf97d73736d18f0