By Lucy Cormack
The state’s corruption watchdog has found no evidence of corrupt conduct in the public service recruitment of John Barilaro to a lucrative overseas trade posting in New York last year.
A seven-month investigation by the Independent Commission Against Corruption into the former deputy premier’s appointment has been closed following compulsory secret interviews and examination of documents.
The corruption probe was launched in July last year to examine the appointment of Barilaro as US trade commissioner, a decision which ultimately plagued the Perrottet government for months and triggered severe backlash. Barilaro resigned from the posting before it commenced.
John Barilaro at last year’s parliamentary inquiry examining his recruitment as US trade commissioner.Credit: Kate Geraghty
The ICAC considered whether former trade minister Stuart Ayres, former department boss Amy Brown or any other public official breached public trust, exercised their official functions dishonestly or partially, or adversely affected the honest or impartial exercise of official functions by any public official in recruiting Barilaro.
“The investigation did not identify any evidence of corrupt conduct. As a result, the commission has discontinued its investigation,” the ICAC said in a statement on Monday afternoon. “The commission does not propose taking any further action with respect to the matter.”
It did not say who had been called to give evidence in compulsory interviews.
Barilaro did not respond to a request for comment.
While the watchdog has found no evidence of corruption in the recruitment, a Labor-led upper house inquiry earlier this month found the hiring process lacked transparency, integrity and was not conducted at arm’s length from government. It concluded that Barilaro benefited from a “jobs for the boys” appointment.
The inquiry also found then-minister Ayres showed inappropriate and poor judgment by discussing the New York role with Barilaro and did not remain at arm’s length during the recruitment. He was forced to resign from cabinet over his actions, but was later cleared of wrongdoing.
Text messages between Investment NSW boss Amy Brown and the state’s most senior public servant, Michael Coutts-Trotter, were revealed as part of the inquiry.Credit: Kate Geraghty / Supplied
Barilaro was appointed to the $500,000-a-year role in early 2021, despite senior public servant Jenny West having already been offered the job, which was one of five global commissioner roles created by Barilaro when he was trade minister.
Upper house Nationals MP Wes Fang, who represented the government on the inquiry, said ICAC’s decision to close its investigation was vindication for Barilaro, adding that his former leader had been denied procedural fairness.
“It’s clear from the ICAC release that the appointment of John Barilaro was appropriate and above board. Now it is incumbent on the Labor Party to explain why they continued to prosecute an innocent person and tarnish his name,” he said.
“The manner with which evidence was presented as fact during a press conference by Labor, before it was put before the inquiry and tested, was nothing more than a modern-day kangaroo court.”
Opposition treasury spokesman Daniel Mookhey said the New York appointment would still “live on in infamy as one of the state’s most notorious jobs for the boys” scandals.
An earlier review by former NSW public service commissioner Graeme Head also found the process was not conducted at arm’s length from government.
In his public report, Head recommended the government consider whether to take action against Brown, the department secretary responsible for the appointment, having found she did not act in accordance with the Code of Ethics and Conduct.
Brown was forced to resign last year following several gruelling days giving evidence to the upper house inquiry.
Barilaro, too, gave evidence to the inquiry, consistently denying any wrongdoing in applying for the role. The former National Party leader was unable to complete his evidence at a second hearing due to mental ill health.
A separate review by a former inspector of the ICAC, commissioned by Premier Dominic Perrottet, last year cleared Ayres of any wrongdoing in the recruitment process. He will be returned to cabinet if the Coalition claims victory in the election on March 25.
Perrottet vowed to adopt 12 of 13 recommendations from the Head review and said he would make changes banning outgoing ministers from working for public sector agencies that reported to them for at least 18 months.
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