Former Darwin Turf Club chairman Brett Dixon claims ICAC report was published to ‘embarrass’ him

Former Darwin Turf Club chairman, Brett Dixon, will seek a declaration that ex corruption watchdog, Ken Fleming QC, ‘knowingly breach(ed)’ his own act in a bid to ‘embarrass’ him.

FORMER Darwin Turf Club chairman Brett Dixon will seek a declaration that ex corruption watchdog Ken Fleming QC “knowingly breach(ed)” his own act in a bid to “embarrass” him, when his case returns to court next month.

Mr Dixon is challenging a finding by Mr Fleming, who was then Independent Commissioner Against Corruption, that he engaged in improper conduct in securing a $12m government grant for a Turf Club grandstand to be built by his company, Jaytex Constructions.

In an amended originating motion filed with the Supreme Court on Wednesday, Mr Dixon has now flagged he will be asking the court to declare Mr Fleming’s report was published “for an improper purpose”.

“Namely to embarrass or call into disrepute the reputation/s of the plaintiff, (his business partner) Matthew Moss and Jaytex Constructions Pty Ltd in the public sphere: in knowing breach of section 55 of the ICAC Act,” it reads.

“The defendant knew when he published the purported public statement that he had no power under section 55 of the ICAC Act to use that provision to publish an investigation report.”

In the amended motion, Mr Dixon claims Mr Fleming had “received evidence from witnesses that contradicted and undermined the findings” but failed to disclose it to him “or make any reference to it in the investigation report”.

Mr Dixon claims that evidence includes that of former DTC board member, Anya Lorimer, that was secretly recorded by ICAC staff, for which current ICAC Michael Riches later apologised.

Former Darwin Turf Club chairman Brett Dixon. Picture: Che Chorley

Mr Dixon also claims Mr Fleming failed to afford him natural justice and procedural fairness for a range of reasons, including failing to notify him he would be relying on an incomplete text message from then NT News editor Matt Williams.

The text message was later removed from the report following a complaint by the NT News and subsequent investigation by ICAC Inspector Bruce McClintock SC.

Mr Dixon claims Mr Fleming “failed to afford the plaintiff an opportunity to make submissions and adduce evidence providing the proper context of the text message”.

In a judgment handed down on Thursday following a separate challenge by former DTC board member, Damien Moriarty, Justice Judith Kelly found a contention that the publication of the Turf Club report was unauthorised “cannot be accepted”.

Justice Kelly found the publication of the report was “apt” to fulfil the purpose of providing “information about a referral, including the outcome of the referral” under section 55 of the act.

Justice Kelly also found Mr Fleming failed to afford Mr Moriarty procedural fairness and acted outside his jurisdiction in conducting the investigation and Mr Riches has removed the report from the website pending a review.

The case returns to court on July 28 alongside a separate lawsuit brought by Mr Moss.