Gladys Berejiklian requests ICAC documents, ‘corrupt conduct’ appeal hearing likely in February 2024
The former NSW premier has demanded documents from the state’s corruption watchdog as part of her appeal against its ‘corrupt conduct’ finding.
Former NSW Premier Gladys Berejiklian has demanded documents from the state’s corruption watchdog surrounding alleged “factual issues” with its report and the appointment of its author as part of her appeal against its “corrupt conduct” finding, in what is now expected to take place over a two-day hearing early next year.
The developments came at a directions hearing in the NSW Supreme Court on Monday where Ms Berejiklian is appealing the Independent Commission Against Corruption’s finding that she engaged in serious corrupt conduct.
In June, at the release of its Operation Keppel findings, ICAC found she had exercised her power over funding to pet projects of her then-lover, Liberal MP Daryl Maguire, without disclosing her close personal relationship with him.
Last month, The Australian revealed Ms Berejiklian had formally launched a legal challenge against ICAC, where she would attempt to “quash the serious corrupt conduct findings”, and claim costs due to “material errors in law” made by the commission.
Sydney’s Supreme Court heard on Monday how both parties estimate it would take just two days to finalise Ms Berekiklian’s appeal in a hearing, but it appears unlikely to take place before February 2024.
Represented by solicitor Henry Cooper, Ms Berejiklian was not present on Monday, but the court heard how a two-day hearing was likely to start on February 26, but would be confirmed in chambers with Justice Julie Ward, the president of the Court of Appeal.
“I won’t list it for hearing today, but we can fix a date in chambers that’s mutually convenient for all parties,” Justice Ward said, calling the proposed February hearing date from Mr Cooper a “luxurious time frame”.
The court also heard how Ms Berejiklian had made a disclosure request to ICAC for information pertaining to ground one of her summons, filed in September, although of which was not expected to delay any hearing.
In ground one of the summons, Ms Berejiklian’s legal representatives allege June’s report was “prepared by the Hon Ruth McColl AO SC beyond her authority under the ICAC Act”.
Those grounds, in Ms Berejiklian’s summons, allege Ms McColl was “engaged as a consultant, and as such was not authorised to carry out the function of preparing or making a report”.
Mr Cooper told the court that the disclosure request was being “resisted” by ICAC on relevance and immunity grounds.
“It’s exclusive to ground one of the summons… and alleged factual issues in the preparation of the report,” he said.
“But parties are conferring and it’s close to being at an end – I hope we won’t have to trouble the court with a further application (because of this request).”
The ICAC investigation found that when Ms Berejiklian was treasurer, she put Mr Maguire’s proposal for funding for the Australian Clay Target Association in his Wagga Wagga electorate before the expenditure review committee, and helped push it through.
It also found Ms Berejiklian pushed Mr Maguire’s proposal for money for a local conservatorium of music through official channels, and this decision was influenced by her secret five-year relationship with the MP.
It was found she had also failed to tell the watchdog of her suspicion that Mr Maguire was engaged in activities that were or might have been corrupt.
However, Ms Berejiklian is appealing the decision on the basis Ms McColl did not have the legal power to make a corrupt finding against her, and that the commission “erred in law” by finding the ex-premier’s duty to act in accordance with the public interest was “legally enforceable.”
The two-day hearing, although not set, is expected to take place in February 2024.
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