Gladys Berejiklian loses ICAC court challenge

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Gladys Berejiklian loses ICAC court challenge
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A majority of the NSW Court of Appeal dismissed the former premier’s challenge to damning corruption findings made against her.

Former NSW premier Gladys Berejiklian has lost her court bid to overturn damning findings made against her by the state’s corruption watchdog.Former NSW premier Gladys Berejiklian outside her home in Sydney on Friday before the judgment was handed down.Berejiklian resigned as premier in October 2021 amid an Independent Commission Against Corruption probe into funding decisions she made while in a secret relationship with a government MP.

Berejiklian engaged in serious corrupt conduct between 2016 and 2018 by participating in decisions to make multimillion-dollar government grants to two projects in the then-Wagga Wagga Liberal MP Daryl Maguire’s electorate, without disclosing the pair were in a close personal relationship.At the time, Berejiklian was treasurer and later premier. The ICAC found the relationship between the pair continued until September 2020.

Bret Walker, SC, acting for Berejiklian, told the NSW Court of Appeal in February that the assistant commissioner who presided over the inquiry, former Court of Appeal judge Ruth McColl, acted beyond her authority in preparing the report because her term of office expired on October 31, 2022. While McColl was engaged as a consultant from November 1, Walker argued consultants did not have the legal power to prepare or make a report. It meant “the whole of the report was delivered in excess of jurisdiction” and was a nullity, he said.But Stephen Free, SC, acting for the ICAC, said that although McColl had a “primary drafting role”, the “final version of the report is issued by the chief commissioner on behalf of the commission”.

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