The former New South Wales premier Gladys Berejiklian loses legal challenge against the Independent Commission Against Corruption (ICAC) which found that she engaged in “serious corrupt conduct.”
Berejiklian argued that the ICAC’s findings were invalid because the commissioner, Ruth McColl, was no longer with ICAC when the findings were handed down. She sought a judicial review in the NSW court of appeal in September, which is limited to legal missteps and does not challenge the findings of fact.
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On Friday, the decision was handed down by the three judges presiding over the case. The NSW Chief Justice Andrew Bell and Justice Anthony Meagher rejected Berejiklian’s judicial review on all grounds, affirming that it was valid for McColl to hand down findings after her term had expired, as she continued to work as a consultant. However, Justice Julie Ward, in a dissenting judgment, found that McColl had made findings she did “not have the power to make” and would quash the finding of “serious corrupt conduct.”
Berejiklian expressed her gratitude to the court for its consideration and noted the limited nature of challenges that can be made to ICAC findings. She emphasized her commitment to serving the people of NSW and maintaining their welfare and interests.
Background on ICAC Investigation
ICAC initially investigated former Wagga Wagga MP Daryl Maguire, who was also found to have engaged in serious corrupt conduct by using his position to assist property developers. During this investigation, phone taps revealed Berejiklian’s close personal relationship with Maguire, which she had not disclosed to her colleagues or family.
Berejiklian was then called to give evidence at ICAC, where she admitted the relationship. ICAC subsequently investigated several grants Berejiklian had been involved in approving for Wagga Wagga, along with her awareness of Maguire’s business dealings. Berejiklian maintained that she served the public interest “at all times” during her tenure.
In February, Berejiklian’s barrister, Bret Walker SC, argued that viewing Berejiklian and Maguire’s relationship as a “standing potential for impropriety” was a “black, depressing and utterly unrealistic view of human life.”
Judicial Review Decision
The judicial review decision was split, with Chief Justice Bell and Justice Meagher ruling that McColl’s findings were valid and effective. They found that McColl, although no longer a commissioner, had the authority to deliver the findings as a consultant. Justice Ward, however, dissented, arguing that McColl exceeded her powers.
The ICAC’s 700-page report, delivered in August last year, detailed the findings against Berejiklian nearly two years after the 2020 hearings.
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Political Reactions
NSW Opposition Leader Mark Speakman commented on the decision, highlighting the legal challenges in contesting ICAC findings due to the Act’s limitations on ‘merits’ reviews. He stated that the standards required by law apply equally to everyone.
Berejiklian, reflecting on her time in office, reiterated her dedication to the people of NSW and expressed disappointment over the findings but accepted the court’s decision.
