Berejiklian corruption probe sent clear message to politicians, ICAC chief says

The chief commissioner of NSW’s anti-corruption watchdog has praised the high-profile investigation into former premier Gladys Berejiklian for sending a clear message to politicians about the use of power.

In the Independent Commission Against Corruption’s annual report, tabled in parliament on Monday, chief commissioner John Hatzistergos said the inquiry dubbed Operation Keppel was a reminder to public officials that they had an obligation to report and manage conflicts of interest.

Former premier Gladys Berejiklian is appealing an ICAC finding that she engaged in serious corrupt conduct.Credit: Rhett Wyman

The report also revealed that temporary commissioner Ruth McColl SC, who oversaw the Berejiklian inquiry, was paid $232,200 to draft her report once her initial appointment expired.

Berejiklian has launched legal action against the ICAC’s finding that she engaged in serious corrupt conduct in relation to her secret relationship with the then Wagga Wagga MP Daryl Maguire.

One of the grounds of Berejiklian’s appeal is that McColl was not authorised to make the corruption finding because the former judge was no longer a commissioner when she completed the report, and so was not authorised to prepare it from November 1, 2022, onwards.

The annual report said McColl was retained as a consultant when her appointment expired and was paid more than $230,000 to finalise her report.

The ICAC report, released on June 29, found Berejiklian breached public trust and partially exercised her official functions in 2016 and 2017, as treasurer and later premier, when the state government made a $5.5 million grant to the Australian Clay Target Association in Maguire’s electorate. She did not disclose her close personal relationship with Maguire at the time.

It also found Berejiklian breached public trust and partially exercised her official functions in 2018 in connection with $30 million promised to the Riverina Conservatorium of Music for a recital hall, also in Maguire’s electorate. Ultimately, $20 million of that money was not paid.

Berejiklian has always denied any wrongdoing.

Hatzistergos said inquiries such as Operation Keppel served as an important reminder to elected officials.

“The findings of Operation Keppel, for example, send a clear message to all public officials that there are necessary restraints in the use of public power,” he wrote in the report.

“Our investigation stressed the importance of public officials declaring and addressing conflicts of interest, using public resources only for the purposes for which they are intended (rather than in pursuit of private interest) and reporting suspected corrupt conduct.”

The annual report also revealed the Operation Keppel report took 416 days to be released after the public hearings finished, with the commission working on a date of May 9, 2022, when final submissions were received. The lengthy delays resulted in significant criticism levelled at the ICAC.

However, a separate review by the ICAC inspector into the handling of the inquiry found there was no maladministration and the time taken to release the report was reasonable.

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