Gladys Berejiklian: Former NSW premier loses bid to overturn corruption findings

Gladys Berejiklian has noted the difficulties in challenging findings by the NSW anti-corruption watchdog after a bid by the former state premier to clear her name failed.

Ms Berejiklian thanked the NSW Court of Appeal on Friday after Chief Justice Andrew Bell maintained findings by the Independent Commission Against Corruption that the former premier had engaged in “serious corrupt conduct” when in a secret relationship with disgraced former Wagga Wagga MP Daryl Maguire.

In a carefully worded statement, Ms Berejiklian said any challenge to ICAC findings was “limited” and noted the legislation underpinning the watchdog did not permit a “merits review”.

“I would like to thank the NSW Court of Appeal for its consideration of these matters given the limited nature of a challenge that can be made to ICAC findings by any citizen.,” she said.

“As the court noted, the ICAC Act does not permit a ‘merits’ review of the findings of ICAC.

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

Ms Berejiklian, who rose to prominence during the pandemic, said serving the people of NSW was an honour and a privilege she had never taken for granted.

“I always worked my hardest to look after the welfare and interests of the people of NSW,” she said.

Ms Berejiklian resigned on October 21, 2021 after admitting her relationship with Mr Maguire during testimony before anti-corruption hearings.

ICAC ultimately found that Berejiklian had breached the public’s trust and engaged in corrupt conduct by failing to disclose her relationship with Maguire when she sat on a cabinet committee considering millions of dollars worth of funding arrangements for his Wagga Wagga electorate.

Ms Berejiklian, as former state premier and treasurer, was involved in approving or supporting allocations of $5.5 million for the Wagga-based Australian Clay Target Association and $10 million for the Riverina Conservatorium of Music between 2016 and 2018.

During her appeal, Ms Berejiklian’s barrister Bret Walker SC argued that ministers’ personal relationships did not automatically equate to corruption.

But ICAC barrister Stephen Free SC argued there was a rational foundation for finding Ms Berejiklian had been influenced by her desire to maintain or advance her relationship with Maguire.

He argued former judge Ruth McColl, who was appointed assistant commissioner to help with the inquiry, did not have the authority to prepare the ICAC report.

While Ms McColl’s appointment as assistant commissioner expired in October 2022, she was kept on as a consultant for a further eight months before the report was published.

Ms Berejiklian stood down as premier in 2021 at the start of ICAC’s investigation, later walking away from politics to pursue an executive role with telecommunications giant Optus.

She has consistently rejected the ICAC findings, arguing she has always worked her hardest in the public interest.

With wires