John Sidoti sues ICAC to overturn corruption finding

Former NSW sports minister John Sidoti has begun legal action in a bid to nullify the state’s corruption watchdog finding that he engaged in serious corrupt conduct.

John Sidoti has vowed to stay in parliament. The MP has filed a 14-page summons against the Independent Commission Against Corruption in the NSW Supreme Court seeking to overturn findings that he engaged in serious corrupt conduct.

Former NSW sports minister John Sidoti has begun legal action in a bid to nullify the state’s corruption watchdog finding that he engaged in serious corrupt conduct.

The MP has filed a 14-page summons against the Independent Commission Against Corruption in the NSW Supreme Court seeking to overturn a report that found he “engaged in a protracted course of conduct to try to improperly influence” three Liberal councillors in his electorate.

The former Liberal minister, who was suspended from parliament earlier this month after the findings, is seeking a declaration that the report, released in July, was “not made according to law and is a nullity”.

The report found Mr Sidoti attempted to use his ministerial position to ensure a proposal to revitalise the Sydney suburb of Five Dock included a property his parents own, and that they would benefit from proposed height increases. In its findings, ICAC recommended the Director of Public Prosecutions consider whether Mr Sidoti should be charged with misconduct in public office.

Mr Sidoti is seeking the review on the grounds that ICAC’s findings were “based on errors of law in misunderstanding the law of conflict of interest and disclosure”, that he was denied “natural justice and procedural fairness”, and there were “errors of law in making findings where there was no evidence”.

“The plaintiff’s representations were directed to the common good and even if they were also in the interests of his parents and/or other constituents, there could therefore be no conflict,” the document reads.

Mr Sidoti claims ICAC ignored evidence put to the inquiry, including that he had a long history of “transparent, public disclosure” of his parents’ interests in multiple properties in Five Dock.

“There was no evidence before the Commission that the two planning submissions put forward by (Sidoti) on behalf of his parents … were against the public interest,” the documents state.

He claims the conflict of interest found by ICAC was not “real” and that “the conflict must be ‘personal’, in the sense of a not publicly shared interest”.

Mr Sidoti also says the determination that he had acted in “bad faith” had never been put to him during the public inquiry.

“(ICAC) made the determination without allowing (Sidoti) an opportunity to be heard in relation to the determination.”

Mr Sidoti says the determination was “not objectively reasonable” because the ground for the determination was that a councillor said in 2021 that they felt “betrayed” by Mr Sidoti.

Premier Dominic Perrottet called for Mr Sidoti’s resignation from parliament following the release of the report.

The matter is set to be heard in court on September 1.