Corruption Watchdog Finds Former Premier Guilty of ‘Corrupt Conduct,’ No Criminal Charges Pressed

Corruption Watchdog Finds Former Premier Guilty of ‘Corrupt Conduct,’ No Criminal Charges Pressed
Former NSW Premier Gladys Berejiklian walks to speak to the media as she departs the Independent Commission Against Corruption in Sydney, Australia, on Nov. 1, 2021. Mark Kolbe/Getty Images
Rebecca Zhu
Updated:

New South Wales (NSW) state corruption watchdog found that former Premier Gladys Berejiklian and former Member of Parliament Daryl Maguire engaged in “serious corrupt conduct” after a nearly three-year investigation.

In a report published on June 29, the NSW Independent Commission Against Corruption (ICAC) found that Berejiklian had substantially broken the ministerial code in 2017-18 when she failed to declare a conflict of interest by keeping her relationship with Maguire under wraps.

At the time, she granted over $35 million in government funds to two organisations in Wagga Wagga that Maguire, the representative for that electorate, had advocated for.

The proposal of one of the grants had also been overseen by Berejiklian when she had been the state’s treasurer.

“This was at a time when she was in a position of a conflict of interest between her public duty and her private interest in maintaining or advancing her close personal relationship with Mr Maguire, which could objectively have had the potential to influence the performance of her public duty,” ICAC said in a statement.

Additionally, ICAC found that Berejiklian also engaged in serious corrupt conduct because of her failure to notify ICAC about her suspicions of Maguire engaging in suspicious activities.

However, ICAC has judged that pursuing a criminal charge against Berejiklian is unnecessary.

This was because her conduct was “not so serious that it could be demonstrated to merit criminal punishment,” the report said.

Popular Premier

In a statement, Berejiklian said her time in office serving the people of NSW was an “honour and privilege.” She resigned from office in October 2021 after ICAC revealed she was under investigation for corruption.

“At all times I have worked my hardest in the public interest. Nothing in this report demonstrates otherwise,” she said.

“Thank you to members of the public for their incredible support. This will sustain me always.

“The report is currently being examined by my legal team.”

Former colleagues jumped to defend the former Liberal premier’s record, highlighting that the ICAC did not find her guilty of breaking a criminal law.

Current Liberal leader Mark Speakman said Berejiklian was an “honest” MP who served with “incredible dedication” during COVID and a devastating bushfire season.

“The Gladys I know worked her guts out 24/7,” he said.

But he acknowledged the findings were “serious.”

“We will look at those closely,” he said.

Former Treasurer Matt Kean criticised ICAC for taking so long to reveal the findings.

“So it has taken ICAC two years to tell us that Gladys Berejiklian has not broken the law,” he wrote on Twitter.

“This body deciding that ‘serious corrupt conduct’ has occurred, but then recommending no charges be laid because there is no evidence?”

The current Labor premier, Chris Minns, also criticised ICAC for “taking way too long,” adding that he still regarded Berejiklian’s work during the COVID-19 pandemic as “excellent.”

“Nothing in this report takes away, I don’t think, from Premier Berejiklian’s handling of the COVID emergency,” he told reporters.

“It’s important, however, for all politicians in NSW and anyone in public life or positions of leadership to understand that we must manage conflicts of interest and, in particular, declare them.

“My government takes that warning incredibly seriously.”

More Serious For Maguire

However,  the corruption watchdog is seeking advice from the Director of Public Prosecutions (DPP) about laying charges against Maguire.

ICAC declared that Maguire had “improperly used his office” and the resources available to him as an MP to benefit a company that he was “in substance a director” for.

It was found that he had made arrangements to share profits with others and failed to disclose all his sources of income and the position he held in the company.

ICAC said he used his roles to advance the financial and commercial interests of himself and his associates on multiple occasions.

Maguire had already been charged with giving false and misleading evidence to a separate inquiry on June 2.

An investigation was launched into accusations that Maguire had allegedly been involved in a scheme where he sold visas to foreigners for cash.

It was this investigation that revealed his secret relationship with Berejiklian.

Speakman said Maguire had “monstrously failed” to serve the people of NSW.

“It is disgraceful and reprehensible behaviour, and the opposition condemns it,” Speakman said.

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