ICAC report ‘made without evidence’: Gladys Berejiklian’s grounds for appeal

The former NSW premier will argue the investigation that found her guilty of serious corrupt conduct was formed outside the scope of the ruling judge’s powers.

Gladys Berejiklian with disgraced MP Daryl Maguire.

Former NSW premier Gladys Bere­jiklian will argue that an Independent Commission Against Corruption investigation that found her guilty of serious corrupt conduct was made without any “probative evidence” and was formed outside the scope of the ruling judge’s powers.

The Australian on Saturday revealed Ms Berejiklian had formally launched a legal challenge against ICAC, which in June 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.

Ms Berejiklian’s summons, filed to the Supreme Court last week and obtained by The Australian, stated she would attempt to “quash the serious corrupt conduct findings” determined by ICAC, and claim costs due to “material errors in law” made by the commission.

“The commission’s finding that Ms Berejiklian had a private interest in, and was influenced by the desire of, maintaining or advancing her close personal relationship with Mr Maguire was not supported by any probative evidence,” the summons reads.

“Further … the commission made a material error of law in finding that Ms Berejiklian’s non-pecuniary personal relationship with Mr Maguire was capable of amounting to a relevant private interest capable of giving rise to a conflict of interest on Ms Berejiklian’s part.”

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 Wagga Wagga 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.

Former NSW premier Gladys Berejiklian will argue Judge Ruth McColl acted ‘beyond her authority’ in preparing the report.

The summons stated judge Ruth McColl did not have the legal power to make a corrupt finding against her.

Ms Berejiklian will argue Judge McColl acted “beyond her authority” in preparing the report, because she was “not authorised to exercise the function of preparing or making a report from November 1, 2022, onwards, as that function was exclusively exercisable by a commissioner or … an assistant commissioner.”

Ms McColl held the position of a consultant to ICAC, which does not have the power to make ­findings.

“The commission’s purported ‘adoption’ of Ms McColl AO SC’s finding and opinions in the report, including as to witness credibility assessments, was not a valid means of curing Ms McColl AO SC’s lack of authority, and those opinions and findings cannot amount to opinions and findings of the commission,” the summons reads.

It indicated the commission “erred in law” by finding Ms Berejiklian’s duty to act in accordance with the public interest was “legally enforceable.”

Mr Maguire was found to have engaged in corrupt conduct that involved a breach of public trust.

Ms Berejiklian’s appeal is listed for a directions hearing on October 9 in Sydney.