Gladys Berejiklian has lost a high-stakes court bid to overturn findings she acted corruptly in a major blow to the former premier’s reputation and win for the NSW integrity watchdog.
Chief Justice Andrew Bell delivered the decision on Friday, maintaining findings the former state Liberal leader breached public trust through her covert romance with disgraced party colleague Daryl Maguire.
The NSW Independent Commission Against Corruption delivered a bombshell report in June 2023 that concluded Ms Berejiklian engaged in ‘serious corrupt conduct’ because of the undisclosed relationship.
ICAC deemed the corrupt conduct included her sitting on a cabinet committee tasked with considering millions of dollars worth of funding arrangements pushed by Maguire for his Wagga Wagga electorate.
During Ms Berejiklian’s NSW Court of Appeal bid, her barrister Bret Walker SC argued the personal relationships of ministers 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.
While the ex-premier claimed she treated Maguire like any other MP, Mr Free told the court her vision for their future – including marriage, children and life after politics – meant she had a special interest in him.
Gladys Berejiklian went to court to challenge corruption findings over her covert relationship
Gladys Berejiklian sat on a cabinet committee considering funding for Daryl Maguire’s electorate
Between 2016 and 2018, as treasurer and then premier, Ms Berejiklian 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.
ICAC said her deliberate failure to disclose the relationship in those circumstances was ‘wilful’ and unjustified.
Mr Walker labelled those findings ‘illogical’ as the watchdog had also deemed there was insufficient evidence to pursue criminal charges.
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.
ICAC’s report concluded Gladys Berejiklian engaged in ‘serious corrupt conduct’
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.
