EVENT BY EVENT: The ICAC Darwin Turf Club grandstand report, internal investigations, budget estimates saga
The sequence of events following the ICAC’s release of the Darwin Turf Club grandstand report has been tumultuous. Here is the CHRONOLOGY FROM MAY TO NOW.
Northern Territory
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The sequence of events following the ICAC’s release of the Darwin Turf Club grandstand report has been tumultuous. Here is the chronology from May to now.
MAY 7
The ICAC sends a copy of its draft report into the $12m Darwin Turf Club (DTC) grandstand grant to affected parties as part of its natural justice process. The draft report contains no reference to a “senior media figure” or correspondence between this person and DTC chairman Brett Dixon.
MAY 25
The ICAC releases a report into a procurement matter at the City of Darwin.
MAY 26
The ICAC is forced to withdraw its report into the procurement matter at the City of Darwin and apologise unconditionally to two people named in the report who were denied natural justice. ICAC boss Ken Fleming QC issues a direction that before a report is released, any person who is the subject of adverse comment will be followed up about their responses, if any, to ensure that the process is complete.
MAY 29
The NT News publishes a column by Sky News journalist Matt Cunningham criticising the performance of Mr Fleming. The article said the ICAC had “scored more own goals than actual ones” since its establishment in 2018.
JUNE 15
A story is broadcast on Sky News and published in the NT News revealing an investigation into an alleged conflict of interest within the Office of the ICAC relating to the awarding of lucrative investigation contracts to David McGinlay, the boyfriend of the ICAC’s Director of Investigations Kate Kelly. ICAC Inspector Bruce McClintock later dismissed the complaint.
On the same day Mr Fleming appears before the Budget Estimates committee, criticising the person he believes is the source of the story and warning that normal journalistic privilege allowing journalists to protect their sources if called before a judicial entity does not apply to him.
JUNE 17
A story is broadcast on Sky News and published in the NT News featuring three former Attorneys-General calling for an overhaul of the ICAC following Mr Fleming’s appearance at Budget Estimates.
JUNE 18
A story is broadcast on Sky News and published in the NT News revealing Mr Fleming had taken leave following his appearance at budget estimates. The NT Police Association issues a media release saying Mr Fleming’s position is untenable after he criticised a whistleblower. NTPA president Paul McCue’s comments are reported by the NT News, Sky News, Channel Nine, Mix 104.9 and the ABC. The NT Independent publishes a story quoting Mr Fleming. It says he will respond to the NT News’ recent “onslaught of criticism” at “the appropriate time and place”. “I trust that the NT News is pursuing this with legitimate journalistic purpose in respect of the allegations they are making,” Mr Fleming was quoted as saying.
JUNE 19
The NT News publishes a front-page story based on Mr McCue’s comments. It also publishes a column by Mr Cunningham criticising Mr Fleming over his performance in budget estimates and suggesting he should consider his position.
JUNE 21
A story is broadcast on Sky News and published in the NT News quoting Mr McClintock saying he cannot take action against Mr Fleming over his comments before the budget estimates committee as they are covered by parliamentary privilege. He says this would be a matter for Parliament’s Privileges Committee if it had concerns.
JUNE 22
The NT News publishes a story based on comments made the previous day by NT Chief Minister Michael Gunner, criticising Mr Fleming over his comments in budget estimates.
JUNE 23
A story is broadcast on Sky News and published in the NT News revealing there is a police investigation into issues at the Darwin Community Legal Service, the former workplace of Mr McGinlay.
JUNE 24
A story is broadcast on Sky News and published in the NT News detailing a whistleblower’s request to formally respond to Mr Fleming’s comments in budget estimates.
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JUNE 25
Sky News and the NT News report that a submission by the whistleblower’s barrister, John Lawrence SC, to the budget estimates committee in response to Mr Fleming will be made public.
JUNE 25
The ICAC releases its final report into the DTC. The report includes paragraph 416 relating to the text message exchange between the “senior media figure” and Mr Dixon that was not included in the draft report. Paragraph 416 is doubled up in the final report.
JULY 4
Mr McClintock writes to Mr Dixon’s lawyers responding to a complaint about suspected leaks within the ICAC office. Mr McClintock wrote: “Unless there is any further material that you wish to draw to my attention, in view of Mr Fleming’s response, I propose to treat the matter as closed.”
JULY 4
The NT Independent publishes an article identifying the senior media figure as former NT News editor Matt Williams. It claimed to have seen “an original copy of the message referred to in the ICAC report” and has confirmed this information through “various sources”.
JULY 26
Mr Dixon releases a statement saying the text message quoted in the ICAC report “omits key words which follow and which fundamentally undermine the interpretation the ICAC put on the text in the report”. Mr Dixon goes on to question how the media outlet was able to view an “original copy” of the text message when it was not the actual message. “It wasn’t confirmed by me or the sender. So who was it?” Mr Dixon wrote. “Who else could have access to it? Why is what is quoted by these media outlets as a complete faithful reproduction of the entire text missing the same words omitted in the ICAC report?”
JULY 27
The ICAC says it is not able to comment on questions surrounding the inclusion of the incomplete text message because Mr Dixon had commenced judicial proceedings and the matter had been referred to Northern Territory Police.
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