Former NSW premier Gladys Berejiklian is mounting a legal challenge against ICAC after the watchdog found she had engaged in “serious corrupt conduct”.
Ms Berejiklian is seeking a judicial review of ICAC’s findings that she breached the ministerial code by failing to disclose her relationship with former partner Daryl Maguire.
The findings relate to the approval of two grants in Mr Maguire’s electorate of Wagga Wagga – a $5.5m grant to the Australian Clay Target Association (ACTA) and a $10m grant for the renovation of the Riverina Conservatorium of Music (RCM).
Despite the findings, ICAC did not recommend she be referred for criminal prosecution.
She is seeking an order from the Court of Appeal to quash the finding that she engaged in “serious corrupt conduct”.
The former premier is also challenging the validity of the report on grounds that ICAC was acting beyond its authority under the ICAC Act.
She argues there was no evidence that she was influenced by her relationship with Mr Maguire and that it did not amount to a conflict of interest.
She further argues that she did not engage in conduct which amounted to a breach of public trust.
Ms Berejiklian is facing a two-day hearing before the Court of Appeal which is being heard by Chief Justice Andrew Bell and Justices Julie Ward and Anthony Meagher.
She is being represented by high-profile barrister Bret Walker SC.
Mr Maguire was found by ICAC to have improperly used his public office during his time as a MP in order to promote his own financial interests, and those of his associates while deliberately not disclosing his position, and potential pecuniary benefits.
“Let it not be forgotten that during his time representing the people of Wagga and region he worked tirelessly for his constituents,” Mr Maguire said in a statement at the time.
“Indeed, he was described in evidence as a dog with a bone, a vociferous advocate for the electorate, or a pain in the arse when it came to getting improvements for the Wagga electorate.”