John Lawrence SC takes on NT ICAC over ex-CLP hire

Chief Minister Natasha Fyles said NT ICAC should never have hired a former political member to an investigating role, in what one of the NT’s top legal officers described as ‘grossly incompetent’.

Chief Minister Natasha Fyles says the NT ICAC should not have appointed a Country Liberal Party member to an investigative role, as a senior barrister accused the anti-corruption watchdog of gross incompetence over its handling of the matter.

“That office is incompetent, grossly incompetent, and I wouldn’t think anybody in the public has any faith or confidence or trust in its efficacy,” former NT Bar Association president John Lawrence SC told Sky News.

Last week it was revealed the Office of the Independent Commissioner Against Corruption had hired CLP member and party operative Cormac MacCarthy.

Following criticism of the appointment, Commissioner Michael Riches wrote to Ms Fyles on Saturday recommending the ICAC Act be amended to prevent the employment of people with recent political affiliation.

Chief Minister Natasha Fyles. Picture: Pema Tamang Pakhrin

NT Independent Commissioner Against Corruption (ICAC) Michael Riches. Picture: Office of the ICAC/Supplied

Asked about the matter, Ms Fyles said: “It is concerning and we’re looking at the legislation around ensuring that someone that has had political connections recently shouldn’t be in that type of position.”

Ms Fyles said judges, for example, cannot have been a member of a political party for 10 years before their appointment.

“I think independent bodies that are set up need to have and need the perception of independence,” she said.

Mr Lawrence has previously raised concerns about conflicts of interest within the ICAC office.

These included the appointment of Matthew Grant – the brother of Chief Justice Michael Grant – as deputy commissioner.

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And the awarding of lucrative investigation contracts to former South Australian police officer David McGinlay, the boyfriend of the O/ICAC’s then director of investigations Kate Kelly.

“This office has been riddled with previous conflicts of interests which they’ve just ignored, and now conflict of interest almost doesn’t seem to exist, and it’s a very important principle because it ensures fairness and justice and transparency,” Mr Lawrence said.

The government previously tasked Greg Shanahan, the former chief executive of the Department of Attorney-General and Justice, to conduct a review of the ICAC Act.

Ms Fyles would not commit to releasing Mr Shanahan’s review but said she would take advice on whether parts of it could be made public.

Mr Lawrence said the review should “absolutely” be released.

However he questioned the appointment of Mr Shanahan to conduct the review, given he had been the head of the justice department when the ICAC Act was developed.

“The fact that he’s been given the task of looking at the body that he eventually created is totally inappropriate. He has a – wait for it – a conflict of interest,” Mr Lawrence said.

-Matt Cunningham is the Sky News Darwin Bureau Chief and North Australia correspondent