Former Premier of NSW and member for Willoughby, Gladys Berejiklian, has lost her appeal to overturn the Independent Commission Against Corruption’s (ICAC) findings that she engaged in ‘serious corrupt conduct’ alongside former member for Wagga Wagga, Daryl Maguire.
On the 26th of July 2024, the NSW Court of Appeal dismissed all 13 grounds and dismissed Ms Berejiklian’s application for a judicial review of the ICAC’s findings.
In 2023, the ICAC found that between 2012 and 2018, Mr Maguire improperly used his office and resources as a member of Parliament to benefit a company he was a director for, G8wayInternational Pty Ltd, as well as failing to disclose his position and interest towards the same in accordance with the Constitution (Disclosure by Members) Regulation 1983.
Furthermore, Mr Maguire and Ms Berejiklian were found to be involved in an undisclosed personal relationship whilst the former Premier had presided over the Expenditure Review Committee’s (ERC) meetings which approved Maguire’s interest in grants of public monies for the Australian Clay Target Association (ACTA) and the Riverina Conservatorium of Music (“the RCM”).
The Commission found that the former Premier engaged in ‘serious corrupt conduct by breaching public trust’ in relation to her exercise of power without disclosing her personal relationship with Mr Maguire, creating a position of a conflict of interest which was likely to influence her public duty and role.
In the majority dismissal by Chief Justice Andre Bell and Court of Appeal President Julie Ward (with Justice Anthony Meagher dissenting), it was found that on the evidence, the former Premier “understood or believed that by supporting these two [funding] proposals she would please Mr Maguire… and thereby strengthen or secure their underlying relationship.”
“Serving the people of NSW was an honour and privilege which I never took for granted” said the former Premier in a statement following the Court of Appeal’s decision.
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