Gladys Berejiklian swayed by ‘serial pest’ secret lover according to ICAC

Gladys Berejiklian was swayed by her “serial pest” of a secret lover and was required to disclose her relationship, ICAC’s lawyer has told a court.

Ex-premier Gladys Berejiklian was influenced by “serial pest” Daryl Maguire and their secret relationship as he agitated for millions in grants for his electorate, an ICAC lawyer has told a court.

Ms Berejiklian took her battle to clear her name to the NSW Court of Appeal after ICAC last year made damning findings that she engaged in “serious corrupt conduct”.

She has asked the Court of Appeal to quash the findings that she breached the ministerial code by failing to disclose her secret relationship with fellow NSW MP Mr Maguire.

The findings relate to multimillion-dollar grants to the Australian Clay Target Association (ACTA) and the Riverina Conservatorium of Music (RCM) in Mr Maguire’s Wagga Wagga electorate.

Ms Berejiklian was a member of the Expenditure Review Committee which approved grants of $5.5m grant for ACTA and $10m for the RCM.

The findings relate to a period between 2016 and 2018 when Ms Berejiklian was treasurer and later premier.

Ms Berejiklian faced a two-day hearing before the Court of Appeal, having asked for the commission’s findings to be overturned.

The court will hand down its judgment at a later date.

Barrister Stephen Free SC, representing ICAC, told the court on Tuesday that the commission’s circumstantial findings were based on the combined weight of several pieces of evidence, including that Mr Maguire was a “serial pest” when it came to lobbying for projects for his electorate.

Former NSW premier Gladys Berejiklian is fighting to overturn ICAC’s findings. Picture: NCA NewsWire/Gaye Gerard

“As between (Mr Maguire) and Ms Berejiklian, he was a special kind of serial pest,” Mr Free said.

“He was agitating for his interest in his electorate by taking advantage of a particular emotional relationship as existed only between them.

“And the dynamic of that relationship included, over a series of incidents, him effectively showing the intensity of his desire for certain projects to come to fruition, his insecurity and disquiet – as it was described – that he wasn’t getting adequate support for those projects from Ms Berejiklian.”

Mr Free argued that Ms Berejiklian’s relationship with Mr Maguire was different to her relationships with other members.

“And in context of the relationship, as found by the commission, that made him a serial pest of a completely different order to Ms Berejiklian,” Mr Free said.

He noted that the commission found that Mr Maguire had an “emotional hold” on Ms Berejiklian which was demonstrated in his “desire to be the boss”

The ICAC findings relate to her relationship with Daryl Maguire. Picture: NCA NewsWire/Brendan Read.

Despite the findings, ICAC did not recommend Ms Berejiklian be referred for criminal prosecution due to “formidable” roadblocks.

Ms Berejiklian resigned from parliament in October 2021 after ICAC revealed it was investigating whether she had broken the law by failing to disclose her relationship with Mr Maguire.

She argues there was no evidence that she was influenced by her relationship with Mr Maguire and that it did not amount to a conflict of interest.

However, Mr Free said the commission found that her relationship with Mr Maguire was “not just like any other local member”.

“He was part of an intimate relationship with her in which, importantly, her vision for her future, the prospect of marriage, the possibility of having a child together, her interest in his life after his retirement from politics, it was tied to the maintenance of their relationship and gave her an interest which she obviously did not have with any other local member,” Mr Free said.

Gladys Berejiklian resigned as a result of the ICAC probe. Picture: NCA NewsWire/Jeremy Piper.

Ms Berejiklian’s barrister Bret Walker SC argued that the report was invalid because the term of assistant commissioner Ruth McColl had expired before she delivered the report.

Ms McColl, a former Court of Appeal judge, oversaw the hearing however her term as an ICAC assistant commissioner expired in October 2022.

She was retained by ICAC as a consultant before she delivered her report in June last year.

Justice Julie Ward - one of three judges overseeing the appeal along with Chief Justice Andrew Bell and Justice Anthony Meagher - questioned whether the report would be valid if Ms McColl was still an assistant when it was handed down.

“There would be no problem,” Mr Walker said in reply.

“She’s not an assistant commissioner available to assist the commission in its central function of investigation and making a report.

“Status and office matter.”

The Court of Appeal will hand down its judgment at a later date, which is yet to be determined.