by CRYSTAL-ROSE JONES – FORMER NSW Liberal premier Gladys Berejiklian has lost her court bid to overturn findings she acted corruptly amid her romance with Party colleague Daryl Maguire in her time as premier.
This week, Chief Justice Andrew Bell maintained findings that Ms Berejiklian breached public trust because of the undisclosed relationship.
- Her actions showed she had been “wilful” in not disclosing her relationship.
- ICAC ultimately rejected each of her grounds for review.
- Criminal charges are yet to brought against Ms Berejiklian.
The court stipulated that her then-partner had pushed millions of dollars in funding arrangements for his Wagga Wagga electorate while she was sitting on a cabinet committee.
From 2016 to 2018, Ms Berejiklian was both premier and treasurer. Within that capacity, she approved or backed significant allocations for Wagga Wagga, including $5.5m for the Australian Clay Target Association and $10m for the Riverina Conservatorium of Music.
CORRUPTION
In Ms Berejiklian’s appeal bid, her barrister Bret Walker SC argued that the personal relationship of ministers did not automatically equate to corruption.
However, Independent Commission Against Corruption (ICAC) barrister Stephen Free SC said the former Liberal leader had been influenced by her desire to continue her relationship with Mr Maguire.
Mr Free asserted that Ms Berejiklian’s plans for the future, including marriage, children and life after politics with her MP lover, were indicative of a special interest.
The ex-premier argued she had treated him like any other MP.
However, ICAC said her actions showed she had been “wilful” in not disclosing her relationship.
As a result, ICAC ultimately rejected each of her grounds for review.
“Ms Berejiklian’s application to quash the commission’s findings of ‘serious corrupt conduct’ or to have those findings declared as made without or in excess of jurisdiction should be dismissed, with costs,” the decision said.
Criminal charges were never brought against Ms Berejiklian and she has denied allegations of corruption, saying she acted in the State’s best interests at all times.
Ms Berejiklian stood down as premier in 2021, at the start of the investigation, and moved to a role with telecommunications giant Optus.
In a statement released in 2021, Ms Berejiklian said she had always acted with the utmost integrity.
“History will demonstrate that I have always executed my duties with the highest degree of integrity for the benefit of the people of NSW who I have had the privilege to serve,” she wrote at the time.
A full written report on the appeal findings is expected to be released soon.PC
Whilst it might be unwise to question the result of Berejiklean’s appeal, right from the start one of the problems with the ICAC’s investigation of Berejiklian is that said institution itself has not got an unblemished record.
The ICAC’s attempted pursuit of Margaret Cunneen illustrated the bias and shallowness of it’s thought processes, and before that the ICAC has found some individuals corrupt when, once they were subjected to a proper court case, they were found innocent.
And too many knowledgeable commentators thought ex leading light of the ICAC’s legal team Geoffrey Watson obviously enjoyed theatrics to proper considered investigation and facts.
Peter M. Wargent
So as with all politicians, she had her appeal overturned so the guilty verdict stands and yet we have no criminal charges and she walks away.
Yes your guilty but there’s no penalty for crimes you comitted in the highest office. Does anyone believe that Joe Citizen would get away with this?
No wonder we have no respect for politicians or the law, people of privilege are treated differently, they are above the law.
Absolutely correct. And Our Glad cannot be the only similar case of favouritism, pork barrelling and underhand dishing out of favours for struggling politicians. Darryl Mac Guire’s electoral figures were tumbling and he looked like losing his seat at the next election unless he could “do something” to reverse his fortunes. Even worse, the shovelling of money into two pet projects in his electorate went against specific departmental advice that considered these handouts financially unworthy . Bring on the American Recall provision in our State Constitution to biff out a politician mid-term for poor performance.
Why do monarchists want Australia’s head of state to be inferior and subordinate to the UK’s head of state?