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Documents reveal David McGinlay was previously the subject of serious disciplinary charges

Documents have revealed an investigator awarded contracts by the NT ICAC resigned from his job as a police officer while he was the subject of serious disciplinary charges.

Former ICAC Commissioner Ken Fleming QC previously defended the decision to award lucrative contracts to Mr McGinlay. Picture: Keri Megelus
Former ICAC Commissioner Ken Fleming QC previously defended the decision to award lucrative contracts to Mr McGinlay. Picture: Keri Megelus

AN investigator awarded contracts by the NT’s anti-corruption watchdog resigned from his job as a police officer while he was the subject of serious disciplinary charges, documents reveal.

The Office of the Independent Commissioner Against Corruption Michael Riches has confirmed no more contracts will be awarded to former South Australian police officer David McGinlay.

Documents obtained by Sky News show Mr McGinlay had been suspended from the South Australian police force on full pay in September 2002 after he was charged with a breach of the police code of conduct. He resigned in March 2003.

Internal police documents show Mr McGinlay’s solicitor notified a senior sergeant of his resignation at 11.30am on March 18, 2003.

“No formal reason for resignation was stated,” the documents say. “The member was the subject of serious disciplinary charges at the time of resignation.”

Sky News understands an investigation into Mr McGinlay’s conduct with SA police ceased when he resigned.

Former ICAC Commissioner Ken Fleming QC previously defended the decision to award lucrative contracts to Mr McGinlay, whose partner Kate Kelly is the ICAC’s ­director of investigations.

Former ICAC Commissioner Ken Fleming QC. Picture: Che Chorley
Former ICAC Commissioner Ken Fleming QC. Picture: Che Chorley

Appearing before the Budget Estimates committee last month, Mr Fleming said the ICAC conducted extensive background checks before hiring staff and contractors, and that an alleged conflict-of-interest between Ms Kelly and Mr McGinlay had been appropriately managed.

“We wanted his services because of his skills. We then set up consideration completely separate from Ms Kelly, and I was the person who made the final decision to engage him as a contractor,” Mr Fleming said. “We did that on the basis that the management of him would be kept entirely separate from Ms Kelly. She had nothing whatsoever to do with it.”

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ICAC Inspector Bruce McClintock SC has since cleared the anti-corruption watchdog of any wrongdoing over its handling of the alleged conflict-of-interest.

But new Commissioner Mr Riches – who replaced Mr Fleming on July 6 – has ruled the ICAC will no longer outsource investigations to external contractors, including Mr McGinlay.

“The new commissioner’s approach is that all investigations will be conducted by investigators who are employed in his office,” an ICAC spokeswoman said. Mr McGinlay declined to comment.

Originally published as Documents reveal David McGinlay was previously the subject of serious disciplinary charges

Original URL: https://www.themercury.com.au/news/northern-territory/documents-reveal-david-mcginlay-was-previously-the-subject-of-serious-disciplinary-charges/news-story/f98dcec81b3b9cbc58254dbeea244ae2