Former NSW premier Gladys Berejiklian loses bid to overturn ‘corruption’ finding

Ex-NSW premier Gladys Berejiklian has lost a bid to overturn ICAC’s findings that she engaged in “serious corrupt conduct”.

Former NSW premier Gladys Berejiklian has failed in her bid to overturn the Independent Commission Against Corruption’s findings that she engaged in “serious corrupt conduct”.

Ms Berejiklian earlier this year mounted a legal challenge to the ICAC’s findings that she breached the ministerial code by failing to disclose her relationship with her former partner, ex-MP Daryl Maguire.

She had asked the NSW Court of Appeal to quash the watchdog’s finding that she engaged in “serious corrupt conduct”.

In a split 2-1 decision, the NSW Court of Appeal on Friday morning dismissed her bid to quash ICAC’s findings relating to the approval of two multimillion dollar grants in Mr Maguire’s former electorate of Wagga Wagga and her failure to disclose they were in a relationship.

She was also ordered to pay ICAC’s legal costs for the Court of Appeal hearing.

The funding decisions probed in the ICAC investigation were made during a period between 2016 and 2018 when Ms Berejiklian was treasurer and later premier.

In a statement on Friday, Ms Berejiklian said she “always worked my hardest to look after the welfare and interests of the people of NSW”.

“The decision of the NSW Court of Appeal was split 2-1,” she said.

“The dissenting judgment of the President of the Court of Appeal held that the report was beyond power and that the findings of ICAC should be quashed.”

Former premier Gladys Berejiklian appealed to the Court of Criminal Appeal after ICAC made adverse findings against her. Picture: NewsWire/Bianca De Marchi.

Opposition leader Mark Speakman described Ms Berejiklian’s record as Premier as “outstanding”, including guiding the state through the COVID pandemic.

“Today’s decision by the NSW Court of Appeal underscores the legal challenges in contesting ICAC findings due to the act’s limitations on ‘merits’ reviews. The standards required by law applies equally to everyone,” Mr Speakman said.

The former premier challenged the validity of the report on grounds that ICAC was acting beyond its authority under the ICAC Act.

Ms Berejiklian’s appeal centered on her argument that the report was invalid because the term of former judge Ruth McColl had expired before she delivered the report.

Chief Justice Andrew Bell and Anthony Meagher said they would dismiss the appeal.

“The assistance provided by Ms McColl was not outside the limits of her authority, and in making the Report the Commission did not act beyond its authority or power in obtaining Ms McColl’s assistance as a consultant,” Justices Bell and Meagher said in their judgment on Friday.

Justice Julie Ward was dissenting and said she would have upheld the appeal.

Ms McColl, a former Court of Appeal judge, oversaw the hearing however her term as an ICAC assistant commissioner expired in October 2022.

Gladys Berejiklian resigned as Premier amid the ICAC investigation. Picture: NCA NewsWire / Jeremy Piper

She delivered her report, as a consultant, in June last year.

Ms Berejiklian argued because Ms McColl was not a commissioner at the time, it was not a valid report and the report was delivered “in excess of jurisdiction”.

The Court of Appeal found that Ms McColl provided assistance to the Chief Commissioner, whose job was to make findings and recommendations.

“Ms McColl was assisting the Chief Commissioner in that task by engaging in the drafting process. She initially did so as an Assistant Commissioner who had presided over the public inquiries, but to whom the function of making a report had not been delegated,” Justices Bell and Meagher said.

Justice Ward found that the Commission adopted her assessments in their findings.

“The language of ‘adopt’ used in the report demonstrates that Ms McColl’s assistance went beyond the provision of ‘services, information or advice’, and constituted the making of findings that Ms McColl as a consultant did not have power to make,” Justice Ward said.

The Court of Appeal dismissed all 13 grounds of her application for judicial review.

The ICAC report handed down in June last year. Picture: NewsWire/James Brickwood

Despite the adverse findings against her, ICAC did not recommend Ms Berejiklian be referred for criminal prosecution in its report.

The findings related to multimillion-dollar grants to the Australian Clay Target Association (ACTA) and the Riverina Conservatorium of Music (RCM) in Mr Maguire’s Wagga Wagga electorate.

Ms Berejiklian was a member of the Expenditure Review Committee which approved grants of $5.5m grant for ACTA and $10m for the RCM.

The ICAC made five findings of “serious corrupt conduct” against Ms Berejiklian in a two-volume report.

Ms Berejiklian resigned in October 2021 amid the ICAC investigation.

Former Wagga Wagga MP Daryl McGuire. Picture: NewsWire/Monique Harmer.

ICAC found that Ms Berejiklian and Mr Maguire had a “close personal relationship” and shared a “close emotional connection” until they broke up in September 2020.

They found that Ms Berejiklian’s relationship had the “capacity” to “influence” her public duties.

The Commission found that Ms Berejiklian and Mr Maguire shared “mutual and deep feelings of love”.

In an intercepted phone call on Valentine’s Day in 2018, Mr Maguire was overheard telling Ms Berejiklian: “Yeah but I am the boss, even when you’re the Premier.”

She replied: “I know. So therefore it’s hard when I had to switch it around.”

Mr Maguire: “Glad, even when you are the Premier I am the boss alright.”

Ms Berejiklian: “Yes I know.”

Originally published as Former NSW premier Gladys Berejiklian loses bid to overturn ‘corruption’ finding