Colleagues hesitant to label Gladys Berejiklian corrupt, spin king says ex premier’s reputation will survive despite ICAC finding

Despite a severe lashing of “serious corrupt conduct” by the anti-corruption watchdog, Gladys Berejiklian has appeared to continue to maintain firm support.

Despite being lashed for engaging in “serious corrupt conduct” by the state’s watchdog, former NSW premier Gladys Berejiklian’s reputation and legacy could remain intact – especially if her former colleagues have anything to say about it.

The lengthy investigation, which revealed Ms Berejiklian’s secret relationship with disgraced MP Daryl Maguire and led to her resignation, was firm in condemning Ms Berejiklian for her mistakes while in office.

The Independent Commission Against Corruption (ICAC) concluded she failed in her ministerial duties for not reporting “suspicions” of Mr Maguire’s corrupt behaviour, and breached public trust by not disclosing her relationship, which resulted in a conflict of interest that had the “potential to influence the performance of her public duty”.

Thursday’s ICAC report found Gladys Berejiklian to have engaged in serious corrupt conduct but didn’t recommend charges be investigated by the DPP. Picture: NCA NewsWire/Bianca De Marchi

The reputational damage is something her former Liberal colleagues have worked quickly to pacify, reiterating the lack of a recommendation to the DPP, and her tireless work as premier.

The use of the C-word – corrupt – is limited or blatantly ignored.

Australia’s highest-ranking Liberal, Peter Dutton, went as far to say that she was “not a corrupt person” on Friday, ICAC findings of “serious corrupt conduct” apparently notwithstanding.

“She’s just a very decent person, she chose a bum, basically, and he was a bad guy,” he said on Today.

“That’s not the person that I know, and I think she should hold her head high. She had a bad relationship – as everybody does – and I hope that that’s not the defining moment for her because she’s a much better person, and we all know that.”

Leader of the Opposition Peter Dutton said Gladys Berejiklian was ‘not a corrupt person’. Picture: NCA NewsWire/ Martin Ollman

Asked on Thursday whether Ms Berejiklian was corrupt, NSW Opposition Leader Mark Speakman deflected the question.

Instead, he labelled her leadership of the state through the pandemic and bushfires as “magnificent”, but conceded “serious findings” were made.

“She was an incredibly popular premier because she worked her guts out for the people of NSW. I can say that as an MP, and as a Minister who observed her first-hand.”

Shadow attorney-general Alistair Henskens said it was important to note that there was no allegation of “criminality” against Ms Berejiklian. He believed it would “no doubt” be the “subject of discussion in the days ahead”.

Others, like former treasurer and factional ally Matt Kean pointed the blame at ICAC, lashing the corruption watchdog for the report for the delays.

“So it has taken ICAC two years to tell us that Gladys Berejiklian has not broken the law,” he said.

What a ridiculous display - ICAC turning a corruption report into a live TV event at Parliament House.
This body deciding that ‘serious corrupt conduct’ has occurred, but then recommending no charges be laid because there is no evidence?

— Matt Kean MP (@Matt_KeanMP) June 28, 2023

So it has taken ICAC two years to tell us that Gladys Berejiklian has not broken the law.

— Matt Kean MP (@Matt_KeanMP) June 29, 2023

Addressing journalists minutes after the report became public, Premier Chris Minns spoke broadly about the importance of politicians managing “conflicts of interest,” however commended his predecessor for her legacy.

On Friday, Mr Minns refused to state whether he believed Ms Berejiklian had engaged in corrupt behaviour, or should apologise in light of the findings. However, he was adamant in describing Mr Maguire’s actions as “deplorable,” and said the findings made against him were “serious and grave”.

“It’s not for me to pass judgment about findings made by independent organisations or investigatory bodies like the ICAC,” he said.

“What I would say and what I said about premier Berejiklian yesterday is that I thought her service to the state during Covid was exemplary.”

Renowned publicist Max Markson, whose job involves working with high-profile clients facing controversy, told NCA NewsWire he didn’t believe the ICAC report would hamper the ex-premier’s job prospects.

If Ms Berejiklian was his client, his advice could be summarised as: Ignore, move on, and keep going.

“When it comes to the corporate space, if you could have her working for you, you’d take it in a flash. She’s a strong performer, she’s capable, and intelligent, and the public likes her,” he said.

“She has nothing to be ashamed of. She was in a relationship a few years ago, it obviously didn’t work. It’s finished.”

Max Markson said Gladys Berejiklian's reputation would survive the adverse ICAC findings. Picture: Supplied

An evident fan of the premier, he said memories, and news cycles, were short.

“Do not even waste your time thinking about it, to not waste your time worrying about it. There’s no scene here. Move on, keep going,” he said.

“People will throw this away.”

University of NSW School of Social Sciences lecturer Mark Rolfe said the timing of her resignation would likely have allowed Ms Berejiklian to salvage her public standing.

“The resignation at the right time, the ‘poor Gladys factor,’ and a narrow definition of corruption, will maintain the reputation of Ms Berejiklian,” he said.

“So many people only think of corruption in criminal legal terms, rather than the other terms which were defined in the ICAC report.”

Since moving away from politics, Ms Bereijklian moved to the private sector, working as the head of enterprise for telco giant Optus, a role she’s been in since February 2022.

On Thursday, a spokesman for the company “acknowledged” the report, and directed people to Ms Berejiklian’s statement with no further comment.

Ms Berejiklian herself maintained she had always “worked my hardest in the public interest,” with no sight of an apology for her actions.

“Serving the people of NSW was an honour and privilege. At all times I have worked my hardest in the public interest. Nothing in this report demonstrates otherwise,” she said in a short statement released on Thursday.

“Thank you to members of the public for their incredible support. This will sustain me always.”

Stopping short of confirming a legal rebuke, she said the report was “currently being examined by my legal team”.

Former NSW Premier Gladys Berejiklian on Thursday, in the hours before ICAC handed down its report. Picture: NCA NewsWire/Monique Harmer

NSW barrister Ian Neil SC, however, said the finding of “serious corrupt conduct” against Ms Berejiklian shouldn’t be understated.

“It’s effectively the most serious finding that can be made,” he said.

“It has to be accepted, and ICAC would accept this, that an adverse finding, particularly one of serious corrupt conduct, is capable of having a serious adverse effect on someone’s reputation.

“ICAC is acutely conscious of that and that’s why they take so much time and trouble over that. They don’t spray it around.”

The level of impact it might have on Ms Berejiklian’s future, however, will likely be a conversation behind closed doors.

“That is something she and her employer, Optus will need to broach. There’s no mandated outcome one way or another,” he said.