Lawyer says Commissioner Fleming gave ‘false’ evidence about whistleblower during Estimates

ICAC Ken Fleming either ‘made a mistake’ or ‘lied’ when he gave ‘false’ evidence to a Parliamentary committee about a whistleblower, her barrister says.

• Alice Springs to go into lockdown after man with symptoms visits airport, tests positive interstate
• Man fined $5K for failing to wear a mask despite citing ‘Constitutional Act of Britain’

INDEPENDENT Commissioner Against Corruption Ken Fleming QC either “made a mistake” or “lied” when he gave “false” evidence to a Parliamentary committee about a whistleblower, her barrister says.

In a written submission to the Budget Estimates Committee, John Lawrence SC said Mr Fleming made comments that attempted to reveal the identity of a protected whistleblower in an “unlawful” act of retaliation after she had made a complaint alleging improper conduct within the Commissioner’s office.

Mr Lawrence then gave oral evidence to a special meeting of the committee, saying Mr Fleming had breached provisions of his own Act as it was an offence to retaliate against a protected whistleblower after they had made a complaint.

He produced documentary evidence he said showed Mr Fleming had made false statements when he said the whistleblower had reported allegations of corruption with in the ICAC “immediately after” being told her employment would be terminated.

“He has either, being most Christian, made a mistake or he could have lied here,” Mr Lawrence told the committee.

“That in itself is an offence.”

The Estimates Committee allowed Mr Lawrence to give evidence in response to Mr Fleming on behalf of the whistleblower, after the Commissioner criticised her during his appearance before the committee on June 15.

MORE TOP NEWS

ICAC Commissioner Ken Fleming takes holidays following Estimates appearance

ICAC finds corruption in $12m grandstand probe

‘Jealousy’ caused the leaks about alleged conflict of interest in ICAC, Commissioner says

Speaking on the same day Sky News and the NT News revealed his office was being investigated over allegations it had awarded lucrative contracts to the boyfriend of its investigations director, Mr Fleming said the complaint had been motivated by “jealousy” and that she hadn’t complained until after she had been told she would be sacked.

“We gave her a notice that we intended to terminate her employment while still under probation at about the 10th month of her probation,” Mr Fleming said.

“She immediately made what she considered to be a protected communication to me, she then complained as she is entitled to do to the Inspector.”

But Mr Lawrence tabled documents he said prove “the opposite is true”.

He produced a letter signed by Mr Fleming that shows the whistleblower made her complaint on March 17.

On March 29, Mr Fleming wrote back to her confirming the matter was being investigated and that she was now a protected whistleblower.

NT barrister John Lawrence. Picture: Justin Kennedy

ICAC Commissioner Ken Fleming. Picture: Che Chorley

“Your report is a ‘protected communication’ and you are a ‘protected person’,” he wrote.

“Anyone who retaliates against a protected person commits an offence under the Act.”

Mr Lawrence tabled another letter showing the whistleblower wasn’t told her employment was to be terminated until April 13, more than three weeks after she made her initial complaint and two weeks after Mr Fleming had declared her a “protected person”.

Mr Fleming sent her another letter on May 24 confirming her employment would be terminated.

Mr Lawrence said the documents prove Mr Fleming misled the Estimates Committee.

“That statement can be seen to everybody in this room to be false,” he said.

“The order is completely wrong, and him describing to this committee whether he was on oath or not – what she considered to be a protected commission – you have exhibit A, which is him acknowledging it is a protected communication and she is a protected person.”

During his appearance Mr Fleming had also said the whistleblower still had property – a phone and laptop computer – that belonged to his office and that he planned to report this to the police.

But Mr Lawrence said his client would welcome any police investigation.

“In fact, she is looking forward to giving it to the proper persons, which would be the police. She will give that right up now, if need be,” he said.

The parliament could refer Mr Fleming to its Privileges Committee if it believes he has deliberately misled the committee.

But Mr Lawrence has called for a full public inquiry into the ICAC.

ICAC Inspector Bruce McClintock has cleared Mr Fleming’s office of any wrongdoing over the alleged conflict of interest issue.

But Mr Lawrence said he had done so without taking any evidence from his client.

Follow @mattcunningham