Former NSW premier Gladys Berejiklian launches legal battle against ICAC over seriously corrupt finding

Lawyers acting for the former NSW premier claim the ICAC refused to disclose important documents that led to “factual issues” in the bombshell report.

Lawyers representing former NSW premier Gladys Berejiklian in her legal fight against the state’s anti-corruption watchdog say they have been refused documents that raised “factual issues” in the final report that said she engaged in “serious corrupt conduct”.

Ms Berejiklian is attempting to clear her name and seek damages after the Independent Commission Against Corruption (ICAC) said she breached public trust and failed to manage her conflicts of interest by not declaring her five-year secret relationship with disgraced Wagga Wagga MP Daryl Maguire.

Representing Ms Berejiklian during a directions hearing on Monday, Sydney barrister Henry Cooper also told the court the ICAC had refused a disclosure request on documents that raised “factual issues for the preparation of the report”.

He said the disclosure on papers dated from October 31, 2022 to the publication of the report were refused on the grounds of immunity and relevance.

However, no formal application for disclosure was made to the court.

Former NSW premier Gladys Berejiklian is appealing the finding that she engaged in serious corrupt conduct. Picture: NCA NewsWire/ James Gourley

Ms Berejiklian’s legal team, led by high-profile Sydney barrister Bret Walker SC, claim the commission made a “material error of law” and will argue Ms Berejiklian’s relationship with Mr Maguire “was (not) capable of amounting to a relevant private interest” which led to a conflict of interest.

ICAC’s claim that Ms Berejiklian breached the ministerial code of conduct by approving a $5.5m grant to the Australian Clay Target Association and a $10m grant for the renovation of the Riverina Conservatorium of Music, which were both in Mr Maguire’s electorate, will also be questioned.

In a summons tendered to the court, Ms Berejiklian’s legal team said ICAC “exceeded its authority and institutional competence”, as the “merits of such decisions” were the “exclusive province” of the elected officials responsible for the decision.

Ms Berejiklian’s legal appeal will also attempt to prove Ruth McColl – who authored the final report – was “not authorised to exercise the function of preparing or making the report”, as her term as the ICAC’s assistant commissioner had expired from October 31, 2022. From November 1, 2022 onwards, she remained at the commission as a consultant.

The ICAC found that she should have disclosed her five-year relationship with Daryl Maguire. Picture: NCA NewsWire/ pool / James Brickwood

The next hearing will occur in February next year; however, no specific date was listed due to Mr Walker’s availability.

While Ms Berejiklian avoided potential criminal prosecution as a result of the ICAC probe, the watchdog said it would seek advice from the Director of Public Prosecutions (DPP) as to whether charges should be laid against Mr Maguire.

In the hours after the report was made public in June, Ms Berejiklian maintained that she “worked my hardest in the public interest”.

“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 via a short statement.