Gladys Berejiklian breaks silence after ICAC report into former NSW Premier’s secret boyfriend handed down
Former premier Gladys Berejiklian has broken her silence after an ICAC report found she engaged in ‘serious corrupt conduct’.
Former NSW premier Gladys Berejiklian has spoken after the corruption watchdog lashed her for “serious corrupt conduct,” thanking the public for their support and hinting at a possible appeal of the findings.
Her short statement was issued about 2pm, hours after the Independent Commission Against Corruption (ICAC)’s report was handed down on Thursday morning.
“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.
“Thank you to members of the public for their incredible support. This will sustain me always.
“The report is currently being examined by my legal team.”
A spokesperson for Telco giant Optus, where she holds an executive managing director role, said: “Optus acknowledges the ICAC report published in relation to Gladys Berejiklian’s time serving as a Member of the NSW Parliament.
“We refer you to Gladys’ media statement and have no further comment to make.”
If she chose to appeal, Ms Berejiklian could follow in the footsteps of former Liberal premier Nick Greiner, who resigned in 1992 following a corruption probe over a job offer given to Liberal-turned-independent MP Terry Metherell.
However, Mr Greiner successfully overturned the corruption findings in the NSW Court of Appeal, and was cleared of the findings.
On Thursday afternoon, Ms Berejiklian’s partner Arthur Moses dodged questions from the media about the ICAC findings while leaving the NSW Supreme Court. Mr Moses spent the day in court representing former Channel 10 host Peter van Oneselen after he was sued over a contract breach by his former employer.
The results of Thursday’s corruption probe found both Ms Berejiklian and her former lover, disgraced MP Daryl Maguire, engaged in “serious corrupt conduct,” after a near three-year saga.
While Mr Maguire was hit with a lengthy list of recommended criminal charges, Ms Berejiklian escaped unscathed.
The ICAC does not have the power to lay charges but can make recommendations to the Director of Public Prosecutions (DPP).
However the damning report did find that Ms Berejiklian breached public trust between 2016 to 2017 by failing to disclose her five-year relationship with Mr Maguire, which the watchdog found could have had the “potential to influence the performance of her public duty”.
The watchdog also found Ms Berejiklian failed to notify ICAC of her suspicion that Mr Maguire “had engaged in activities which concerned, or might have concerned, corrupt conduct”.
Central to the probe was the approval of a $5.5m grant to the Australian Clay Target Association (ACTA), and a $10m grant for the renovation of the Riverina Conservatorium of Music, which ICAC said was definitely influenced due to her “close personal relationship” with Mr Maguire.
Speakman: Maguire ‘disgraceful’, Berejiklian an ‘outstanding premier’
Speaking at a press conference moments before Ms Berejiklian’s statement, Opposition Leader Mark Speakman repeatedly stressed Ms Berejiklian was an “outstanding premier for NSW,” however admitted the ICAC findings were “serious”.
“She worked 24/7 for the people in NSW. We faced a one in 100 year pandemic, we faced the worst bushfires on record while Gladys was premier and she served the people of NSW magnificently,” he said.
His views towards Mr Maguire were more scathing.
“The findings suggest completely reprehensible behaviour by Daryl Maguire. He has bought disgrace upon himself and disgrace upon parliament,” he said.
“When you’re elected in this place, you’re elected to serve the people of NSW not yourself, and that is something Mr Maguire has demonstrably failed in his disgraceful behaviour … and the opposition condemns it.”
While ICAC did not refer Ms Berejiklian’s actions to the DPP for potential prosecution, the report said “consideration should be given to obtaining the advice of the DPP about the prosecution of Mr Maguire”.
The inquiry was tasked with determining whether Ms Berejiklian breached public trust through her decision-making during her secret relationship with disgraced MP Daryl Maguire.
A slew of serious corruption conduct findings were also made towards Mr Maguire.
The disgraced backbencher was found to have monetised his position as an MP, and used parliamentary resources to promote his financial interests, and that of his associates.
And although Ms Berejiklian escaped without ICAC recommending criminal charges, the same did not apply to her ex-partner.
ICAC recommended the DPP consider criminal charges on six grounds, including four counts of misconduct in public office and one offence under s 88(2) of the ICAC Act over deleting his own emails and as an accessory in the destruction of records.
Ms Berejiklian stood down as Premier in October 2021, shortly after it was announced she would be investigated by ICAC.
During her emotional resignation announcement, she said her exit “could not happen at a worse time” but that the timing was “out of her control”.
“I love my job and I love serving the community, but I have been given no option,” she said at the time.
“As the leader of the NSW government, I have expected the highest of standards of myself and my colleagues.
“I have made it clear on numerous occasions that if any of my ministers were the subject of allegations being investigated by an integrity agency or law-enforcement, then he or she should stand aside during the course of the investigation until their name was cleared … that same standard must apply to me as Premier.”
ICAC makes 18 recommendations to ‘reduce corruption risk’
Thursday’s report also made 18 recommendations to reduce the corruption risks identified during the course of the investigation. They included amendments to the Code of Conduct for Members and the NSW Ministerial Code of Conduct, an enhanced framework to manage conflicts of interest, and more oversight on the “limited circumstances” in which public resources can be used by officials to “intermingle parliamentary duties with personal or private activities”.
NSW Premier Chris Minns said the government would consider all the recommendations made by ICAC.
Premier Chris Minns responds, PM silent
Scheduled to have a press conference in the minutes after the report was delivered to parliament, Mr Minns delayed the start to check in with an advisor.
Returning to the press pack, he stressed the findings were a “big deal”.
“If you have a conflict of interest, you declare it. That has been the fundamental principle since the foundation of the NSW parliament,” he said on Thursday.
“It remains the case today, and my government takes that warning incredibly seriously.”
Speaking at the same press conference, Prime Minister Anthony Albanese could not be moved to give an answer.
“I’ll leave those comments to NSW, [are] there any national issues you’ve got?” he said.
Although Mr Minns said the release of the report – 20 months after public hearings wrapped up in October 2021 – had taken too long, he said the ICAC played an important role in ensuring integrity among government officials.
“I have always been very acutely aware that there’s been bad apples in the Labor Party,” he said.
“I’ve been a supporter of the ICAC precisely because it investigates us as much as our political opponents.”
However, Mr Minns said “it was important” future politicians investigated by ICAC would not be forced to automatically resign or be suspended amid an inquiry.
“There may be circumstances where it’s absolutely appropriate because the evidence is overwhelming, but it shouldn’t happen in an automatic way,” he said.
“These people have the right to have an investigation, and their final findings submitted to the parliament before their political life has to stop.”
Mr Speakman said the comments were “measure, appropriate and proportionate”.
“Whether a minister should resign when a case is started against them depends on circumstances. It depends on what is alleged but the most important criterion is the public interest,” he said.
“Clearly when Gladys Berejiklian resigned, she put the public interest first.
“We were at the height of another Covid outbreak and she realised it was just impossible to have public confidence in the administration of government while those serious allegation remained to be determined.”
Berejiklian’s colleagues rally, ICAC blasted
In the hours after the bombshell report was released, Ms Berejiklian’s senior Liberal colleagues have rallied around their former leader, with jabs directed at Mr Maguire and the ICAC.
Former treasurer and factional ally, Matt Kean accused ICAC of “turning a corruption report into a live TV event at Parliament House”.
“What a ridiculous display – ICAC turning a corruption report into a live TV event at Parliament House,” he tweeted.
“This body deciding that ‘serious corrupt conduct’ has occurred, but then recommending no charges be laid because there is no evidence?
“So it has taken ICAC two years to tell us that Gladys Berejiklian has not broken the law.”
What a ridiculous display - ICAC turning a corruption report into a live TV event at Parliament House.
— Matt Kean MP (@Matt_KeanMP) June 28, 2023
This body deciding that ‘serious corrupt conduct’ has occurred, but then recommending no charges be laid because there is no evidence?
Shadow attorney general Alister Henskens said the findings revealed there were no “pecuniary benefit” to Ms Berejiklians, and reiterated her service to the state.
“ICAC have found serious corruption where there’s been no criminality and I think that’s something that no doubt will be the subject of discussion in the days ahead, as to how that could be the case,” he said.
Liberal Manly MP James Griffin – another moderate, like Ms Berejiklian, claimed the former premier’s legacy would remain intact.
“Regardless of the ICAC report, millions of people across this state won’t be changing their mind about Gladys,” he tweeted.
“They know her as someone who led them through some very tough times and they won’t forget that.”
Regardless of the ICAC report, millions of people across this State won't be changing their mind about Gladys. They know her as someone who led them through some very tough times and they won't forget that. #nswpol
— James Griffin MP (@James_HGriffin) June 29, 2023
What is Operation Keppel?
Launched in 2020, the anti-corruption investigation examined the conduct of former Wagga Wagga MP Daryl Maguire, and whether he breached public trust and used his public office for personal gain between 2012 to 2018.
Separate to the investigation, Mr Maguire has since been charged with criminal conspiracy over allegations of visa and migrant fraud between January 2013 and August 2015, while he was in office.
The Australian Border Force allege he conspired with migration agent Maggie Sining Logan, who also faces multiple charges of causing the delivery of documents with a false statement.
Mr Maguire has not made any plea in relation to the charges and the matter remains before the courts.
On Monday, days before the Operation Keppel report was released, Mr Maguire was hit with charges of giving false and misleading evidence to ICAC, while testifying at Operation Dasha in 2018.
The Operation Dasha probe was set up to examine allegations of serious corruption within the former Canterbury City Council, but Mr Maguire’s involvement formed the allegations made against him in Operation Keppel.
Ms Berejiklian’s five-year relationship with Mr Maguire, which began in 2015, was revealed during an ICAC hearing in October 2020.
She resigned about an hour after ICAC announced it would be expanding its public inquiry to investigate the premier’s potential involvement in Mr Maguire’s alleged misconduct.
The inquiry focused on three points, including whether Ms Berejiklian breached public trust in helping Mr Maguire advance projects in Wagga Wagga. In particular focus was a $5.5m grant to the Australian Clay Target Association Incorporated, and the Riverina Conservatorium of Music.
She was also investigated over whether she failed to report Mr Maguire’s possible corrupt conduct, and whether she directly engaged in conduct that allowed or encouraged Mr Maguire’s “occurrence of corrupt conduct”.
In her resignation speech, Ms Berejiklian categorically denied all allegations of wrongdoing.
“I state categorically, I have always acted with the highest level of integrity,” she said.
“History will demonstrate that I have always executed my duties with the highest degree of integrity for the benefit of the people of NSW who I have had the privilege to serve.”
Operation Keppel report hit by delays
The release of the Operation Keppel report, which was overseen by Supreme Court judge Ruth McColl, faced extensive delays due to the “complex matters of law and fact,” explored in the case.
An ICAC spokesperson said the Commission had to comb through more than 2800 pages of inquiry transcript, plus 10,600 pages of exhibits and 957 pages of submissions.
The delayed proceedings put the anti-corruption body under public scrutiny, with legal officials questioning the lead time between when investigations are undertaken, and when the reports are finalised.
Since leaving politics, Ms Berejiklian maintained she had no intention of making a comeback, regardless of the result of the ICAC investigation.
She took on a senior executive position with telco giant Optus in their enterprise and business department in February 2022.
“I think people appreciate that once you leave public life, my decision was to go back to the private sector and to work hard and that’s what I’m looking forward to doing,” she told Sky News Australia.
“I can’t speak for what other people decide, I can only speak for myself, and I’m really, really, looking forward to the next chapter of my life.
“And that’s with Optus, with their amazing people, and really making a difference to the organisation, which is what I’ve always been about.”
Ms Berejiklian is the third NSW premier to resign as a result of an ICAC investigation.
In 2014 Barry O’Farrell resigned after he falsely denied receiving a $3000 bottle of wine from an associate of disgraced (and now jailed) Labor powerbroker Eddie Obeid.
Fellow Liberal premier Nick Greiner, who created ICAC in 1988, was forced to resign after an inquiry forced him to resign in 1992. He was later cleared of all wrongdoing in the Court of Appeal.
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