‘Disturbingly conflicted evidence’ prompts inquiry’s Rosehill, Minns ICAC move

Alleged ‘unanswered questions’ surrounding the Premier’s conduct has prompted a referral to the state’s corruption watchdog.

Committee chairman Scott Farlow, centre, speaks at NSW parliament on Friday, flanked by Greens MLC Cate Faehrmann, right, and Nationals MLC Wes Fang. Picture: Damian Shaw

“Disturbing conflicted evidence” has prompted a NSW parliamentary committee to refer its report into Rosehill Racecourse’s development proposals, including alleged “unanswered questions” surrounding Premier Chris Minns’s conduct, to the state corruption watchdog.

The committee said it remained in the dark about how the plan was hatched and accused the premier of failing to declare a “conflict of interest”, prompting its Coalition and crossbench members to refer its report to the Independent Commission Against Corruption as the “proper course of action”.

Mr Minns has described that move as an “outrageous politicisation” of the watchdog process, refuting any allegation of impropriety, saying the inquiry had been “hoodwinked” by Mark Latham and weaponised by the Opposition, while dissenting government committee members rubbished the report, calling the ICAC referral “farcical”.

Friday’s report by the select committee – which has probed since May the government’s plans to turn Rosehill Racecourse, owned by the Australian Turf Club, into a 25,000-dwelling hub – was leaked in part on Wednesday, namely its recommendation to refer it, and Mr Minns’s alleged “unanswered questions”, to the ICAC.

The inquiry will also refer that leak to parliament’s privileges committee, which was lamented for “undermining” the process by its chairman, Liberal MLC Scott Farlow.

The report will be referred to the ICAC, given “conflicting evidence” surrounding the proposal, “including unanswered questions surrounding the involvement of the premier and concerns regarding conflicts of interest”.

Central to that is a “meet and greet” between the premier and ATC government relations head Steve McMahon, who are long-term friends, which the committee believes should have been declared as a “conflict of interest”, calling the description of the meeting misleading, given it pertained to the development proposals.

Mr Farlow said that the committee sought advice that determined it did not have the power to refer to a person, only its report.

Rosehill Gardens Racecourse in Sydney’s west. Picture: Monique Harmer

Committee and dissenting Labor MLC Peter Primrose disputed on Friday the reporting’s finding, saying that it “risked inappropriately using the ICAC’s referral mechanism”, and that the referral was “farcical” and that claims of “unanswered questions” were inaccurate.

Mr Minns, on Thursday, called the move and allegation “outrageous”, saying: “We’ve seen the politicisation of the ICAC for a very long time in NSW. It is a political sport, but that doesn’t make it right”.

But Greens MLC Cate Faehrmann, one of the six committee members who supported the referral, said the volume of “conflicting evidence” meant it was a necessary step.

“Labor would have been the first to send this report to the ICAC if they were no longer in government (and the roles were reversed),” she said.

“We’re referring this report to the ICAC because we could not get to the bottom of the evidence (presented to the committee), and we heard evidence that was disturbingly conflicted.”

Mr Minns and Mr McMahon, who raised the idea of the housing development with the premier, are long-term friends from their time at Hurstville Council, although both have publicly disclosed their meetings and relationship, and there is no suggestion of impropriety or any benefit of personal gain.

“This is what makes it so corrosive when a parliamentary inquiry effectively gets hoodwinked by someone like Mark Latham, because it undermines and corrodes community confidence in … ICAC,” Mr Minns said on Thursday.

That premise was rejected by Ms Faehrmann.

NSW Premier Chris Minns, pictured on Thursday, when he slammed the referral. Picture: Nikki Short

“The reason why (the report will be) referred to the ICAC was because of conflicting evidence and unanswered questions in relation to that key contact between the premier and (Mr McMahon),” she said.

“We’re not here to make a Judgement, but it is our responsibility to refer the report to the ICAC and let them make a decision.”

Anyone can make a referral to the ICAC, and the body can decide to investigate, or to not pursue any referral or allegation.

Ms Faehrmann moved the ICAC-referral motion and said the “evidence didn’t stack up”.

The report alleged:

• That the ATC did not have verifiable information to suggest the development proposal would be able to secure a Metro station.
• Mr Minns and Mr McMahon’s “meet and greet” was “misleading”, and that the committee’s report should be referred to the ICAC.
• There was “significant conflicting evidence” surrounding the development proposal and its financial viability, and that the Memorandum of Understanding between the ATC and government was “poorly handled”.
• A new proposed site for the racecourse, at Sydney Olympic Park’s Brick Pit, was not viable.
• That it breached governmental guidelines on unsolicited proposals by failing to maintain impartiality when it championed the proposal.
• That the evidence before the committee did not suggest the proposal would present “immediate monetary value” to the taxpayer.

The committee recommended that the government update its diary disclosure requirements to include descriptions and purposes of, for example, a “meet and greet”.

The proposed sale will be put to, and determined by, ATC members at a vote in April.

Rubbishing the allegation and ICAC referral on Thursday, Mr Minns said he would continue to back the ATC’s Rosehill housing idea until members meet to vote, and that he would be disappointed if they opposed the sale.

The government’s racecourse proposal, one of its tentpole planning and housing announcements in 2023, is divisive and controversial, and has become highly politicised, not least because of Mr Latham’s staunch and vocal opposition to the plans.

After its December 2023 announcement, leading racing figures came out against the plan and the $5bn price tag estimated by the ATC for the site were called into question.

Racing NSW is supportive of the plans, including its high-profile and influential chief Peter V’landys.

At the committee’s August hearing, Mr V’landys accused “cheats” and “liars” within the industry of trying to “smear” him during a heated inquiry appearance.

Mr V’landys has clashed with Mr Latham, accusing the MLC of trying to “bully” and “smear” him with “zero evidence” after he had used parliamentary privilege to accuse the racing chief of impropriety.