July 26th 2024.
In a major blow to her reputation, former premier Gladys Berejiklian has lost her high-stakes court bid to overturn findings that she acted corruptly. This decision, delivered by Chief Justice Andrew Bell, upholds the NSW integrity watchdog's conclusion that Berejiklian breached public trust through her secret relationship with disgraced colleague Daryl Maguire.
The bombshell report from the NSW Independent Commission Against Corruption in June 2023 revealed that Berejiklian had engaged in "serious corrupt conduct" due to her undisclosed relationship with Maguire. It was deemed that this conduct included her involvement in approving millions of dollars in funding arrangements for Maguire's electorate of Wagga Wagga while sitting on a cabinet committee.
During her appeal, Berejiklian's lawyer argued that personal relationships among ministers do not automatically equate to corruption. However, the barrister for ICAC argued that there was evidence to suggest that Berejiklian's desire to maintain or advance her relationship with Maguire had influenced her decisions.
Although Berejiklian maintained that she treated Maguire like any other MP, the court was presented with evidence that she had a special interest in him, including plans for marriage, children, and a life after politics. This raised concerns that her vision for their future may have influenced her actions as treasurer and then premier.
The ICAC report also highlighted Berejiklian's deliberate failure to disclose the relationship in situations where she was involved in approving or supporting large allocations of public funds. This was deemed to be "wilful" and unjustified, as she had a duty to be transparent and act in the public's best interest.
However, Berejiklian's lawyer argued that these findings were illogical, as ICAC had also stated that there was insufficient evidence to pursue criminal charges. He also questioned the authority of former judge Ruth McColl, who was appointed as an assistant commissioner to assist with the inquiry and then stayed on as a consultant for eight months after her appointment expired.
Berejiklian's political timeline was also highlighted during the court proceedings, including her joining the Liberal Party in 1993 and her rise to become premier in 2017. It was revealed that she had begun her relationship with Maguire in 2015, while serving as transport minister, and it ended in 2020.
The public investigation by ICAC, launched in October 2021, prompted Berejiklian to resign as premier. She later joined telecommunications giant Optus in a senior role, but the findings from the ICAC report in 2023 led to her taking legal action to overturn them.
The court's decision in July 2024 to uphold the ICAC findings has dealt a major blow to Berejiklian's political career and reputation. Despite consistently denying any wrongdoing and stating that she always acted in the public's best interest, she has now been found to have breached public trust and engaged in corrupt conduct.
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