Never mind a clutch of ICAC blunders, let’s push for a federal anti-corruption agency
Former NSW premier Nick Greiner on setting up the state’s Independent Commission Against Corruption in 1989. The Weekend Australian, June 9:
“(It was) by and large a good idea … I think, on balance, I would have (a federal ICAC),” he says. “It could be a subset of a court. It doesn’t have to be the full-blown thing. But, I think, sort of a version of a standing royal commission does make some sense. I would probably be in favour of a federal ICAC — yes, I would be.”
Perhaps a surprising view given Greiner was a victim of ICAC. More from The Weekend Australian’s profile of the Liberals’ federal president:
An ICAC inquiry into the (April 1992 appointment of ex-MP Terry Metherell) … found Greiner had conducted himself “contrary to known and recognised standards of honesty and integrity”. Faced with a no-confidence motion in parliament, and the collapse of his government, Greiner resigned in June 1992. The ICAC finding was subsequently overturned by the NSW Supreme Court.
Still, ICAC is no stranger to reversals and controversy. The Australian, April 20:
(ICAC) faces accusations of misleading parliament after evidence emerged showing it had failed to disclose that one of its most important reports relied on evidence from a brain-damaged witness who had amnesia … The watchdog disclosed the medical report last month, almost five years after the commission presented parliament with a report from an inquiry known as Operation Jasper that praised (investment banker Paul Gardner) Brook’s evidence and failed to mention his brain injury.
ICAC has taken some big scalps, notably former politicians, but its pursuit of crown prosecutor Margaret Cunneen was an error of judgment that ended in a High Court defeat. ABC News, December 4, 2015:
Ms Cunneen took the ICAC to the High Court, which ruled the watchdog had no power to investigate because the alleged incident could not be defined as “corrupt conduct” under the ICAC’s own legislation. In May 2015, the ICAC asked the Director of Public Prosecutions to consider laying charges against Ms Cunneen, but in July the state’s solicitor-general announced she would not be charged with attempting to pervert the course of justice. (ICAC) Inspector David Levine’s report has found that it was “unreasonable” for the ICAC to conduct the investigation, named Operation Hale. Mr Levine said the conduct of the ICAC during several parts of the investigation constituted “unjust, oppressive maladministration”.
One burning issue has been the plight of those branded corrupt by ICAC but not prosecuted. The Australian, January 26:
(A UN Human Rights Council) complaint has been lodged by Sydney businessman Charif Kazal, who was found corrupt by ICAC in 2011 but was never given the chance to clear his name in court because ICAC accepted there was insufficient evidence for a corruption prosecution. Mr Kazal’s complaint says his treatment breached provisions contained in Article 14 of the International Covenant on Civil and Political Rights. “Coupled with the lack of an exoneration protocol, investigated persons are left in a unique position: their lives are substantially affected as if they were guilty of a crime but they are left without the fundamental mechanisms of the presumption of innocence, the right to appeal, and the protection provided through procedural and evidentiary burdens otherwise found within the criminal justice system,” his complaint says.