Court rules watchdog treated accused unfairly

A court ruling has forced the NT’s trouble-prone anti-corruption watchdog to take down a public report detailing adverse findings made against five people involved in one of its highest-profile misconduct investigations.

Former Darwin Turf Club board member Damien Moriarty. Picture: News Corp Australia

The Northern Territory’s anti-corruption watchdog has been forced to take down a public report detailing adverse findings made against five people involved in one of its highest-profile misconduct investigations.

The move came after the NT Supreme Court ruled the Office of the Independent Commissioner Against Corruption failed to afford procedural fairness to one of those named in the findings about the building of a $12m grandstand with public money.

The grandstand was commissioned by the Darwin Turf Club and completed in 2020 by Jaytex Construction, a company co-owned by the DTC’s then chairman, Brett Dixon.

In 2021, then OICAC boss Ken Fleming found Mr Dixon, two other DTC board members, a company director and then chief minister Michael Gunner’s former chief of staff had all engaged in improper conduct related to the deal.

Mr Dixon and another DTC board member, Damien Moriarty, launched legal action against the OICAC. The Supreme Court on Thursday upheld Mr Moriarty’s claims on several grounds.

He told The Australian he was pleased with the ruling that he was not given natural justice or a chance to respond to ICAC’s findings. “It was also found that ICAC misled me into thinking I was not under investigation,” he said.

“This behaviour may pose questions in the community regarding the trust and confidence of the NT ICAC.

“While I am pleased by this decision, it does not undo the previous two years and the personal and financial toll it has taken on me and others from the Darwin Turf Club at the hands of the NT ICAC. I will be continuing this matter further; this is an important first step in seeking to address the unfairness I suffered and the way ICAC misled me.

“I am continuing to press the major flaws in ICAC’s investi­gation through the Inspector of the ICAC. I have a significant complaint accepted by the inspector that was paused pending the outcome of this case.”

Commissioner Michael Riches said in light of the declarations made by the Supreme Court, “I have removed from the ICAC website the public statement on the Darwin Turf Club investi­gation … I do not presently contemplate republishing the public statement while other judicial proceedings relating to it are ongoing.”

Mr Fleming was criticised for remarks he made as OICAC boss after the shooting of Kumanjayi Walker by constable Zachary Rolfe. Other probes he oversaw also attracted controversy.

Police recently charged an OICAC employee with leaking confidential information.

NT Chief Minister Natasha Fyles is understood to be considering the court’s ruling. She has not indicated whether it will impact plans to force the DTC to repay the $12m grant.