Read The Times Australia

Daily Bulletin

Berejiklian says Maguire was part of her 'love circle' but was not significant enough to declare – will this wash with ICAC?

  • Written by: David Clune, Honorary Associate, Government and International Relations, University of Sydney
Berejiklian says Maguire was part of her 'love circle' but was not significant enough to declare – will this wash with ICAC?

After two weeks of sensational Independent Commission Against Corruption (ICAC) hearings into the conduct of Gladys Berejiklian, we have finally heard from the former NSW premier herself. This saw Berejiklian continue to maintain she has done nothing wrong.

She has argued her undisclosed relationship with disgraced former Liberal MP Daryl Maguire was not of “sufficient standard or sufficient signifiance” to be publicly declared. Berejiklian also told the ICAC there was no conflict of interest in the actions she took to facilitate projects Maguire had an interest in as she had not made a personal profit.

Asked why she had described him in an intercepted message as “family”, Berejiklian said he was family “in terms of my feelings but definitely not in any legal sense”. Counsel assisting, Scott Robertson ominously replied: “We’ll let the lawyers argue about the law”.

ICAC’s forensic approach

From the beginning, the tone of the hearing has been more like a prosecution than an investigation. Robertson has been logical, forensic, and relentless in his questioning.

Barrister Scott Robertson.
Barrister Scott Robertson is the ICAC assisting counsel. Bianca De Marchi/AAP

The evidence of witnesses, which include former staffers, officials, former premier Mike Baird and former Nationals leader John Barilaro, has been notable for two things.

Almost all described Berejiklian as competent and conscientious. They also universally said that being in a secret relationship with Maguire and being involved in government decisions that would benefit him was an obvious conflict of interest that should have been declared.

Not intimate?

ICAC’s Operation Keppel investigation was always going to be dangerous for Berejiklian.

A crucial matter arising from hearings in October 2020 was whether Berejiklian should have publicly disclosed her relationship with the former MP. Under the Ministerial Code of Conduct, Berejiklian had an obligation to do so if the relationship was “intimate” and if she was involved in deciding any matter that could reasonably be expected to confer a private benefit on him.

Read more: After a bombshell day at ICAC, questions must be asked about integrity in Australian politics

The form of words she used during her last ICAC appearance in October last year was that they were “close” not “intimate”, so it was not not serious enough to warrant disclosure. However, in an interview shortly after with The Sunday Telegaph she spoke of how she once had hopes to marry Maguire.

This week, via Maguire, we have also heard the couple talked about having a child. He also had a key and ongoing access to her home.

For her part, on Friday, Berejiklian said Maguire was part of her “love circle […] of people that I strongly cared for” but things were not serious enough to introduce him to her parents and sisters.

On this alone, she runs the risk of being accused of having misled ICAC.

Hospital upgrade, secret calls

The evidence of the last two weeks has also shown how Berekilian was involved in decision-making processes concerning substantial funds flowing to Maguire’s electorate of Wagga Wagga.

Former MP Daryl Maguire
Daryl Maguire quit state parliament in 2018 when he was drawn into an ICAC investigation. Independent Commission Against Corruption/AAP

In a recording of a conversation between Maguire and Berejiklian in 2018, Maguire complained about a lack of funding for projects in his electorate. “I’ll deal with it, I’ll fix it,” Berejiklian replied. Two hours later, in another phone call, Berejiklian told Maguire she had spoken to Dom Perrottet (then treasurer) and it was in the budget.

During her appearance on Friday, Berejiklian repeatedly denied there had been a conflict of interest. “I always put the public interest first,” she said.

What happens now?

On the evidence we have seen so far, the future looks bleak for Berejiklian. Her life and career may be on hold for some time. If ICAC makes a finding of corrupt conduct against her, she can be referred to the Director of Public Prosecutions (DPP).

Gladys Berejiklian arriving at ICAC.
Berejiklian is due to appear at ICAC again next week. Dean Lewins/AAP

The DPP process could then take some time. For example, ICAC’s Operation Credo found in August 2017 that former NSW Labor ministers Eddie Obeid and Joe Tripodi and others had acted corruptly by faking a cabinet minute and referred them to the DPP. The DPP is still deciding whether criminal charges will be laid. Obeid’s recent sentencing over a mine license conspiracy follows another ICAC inquiry that started almost ten years ago.

Why someone as renowned for competence, honesty and political astuteness as Berejiklian should make such an obvious blunder as failing to declare her relationship with Maguire is inexplicable (although on Friday, she said she would not change her decision if she had her time again). She has paid – and will continue to pay - a very heavy price for neglecting to make an admission that would not have had many, if any, deleterious consequences.

It is clear Berejiklian realised what was coming would be very damaging and decided to preempt a messy end by resigning at the start of October. It is also clear much of the criticism of ICAC for “establishing a parallel system of rough justice, in which the presumption of innocence and equality before the law count for nothing” was ill-informed.

Read more: ICAC is not a curse, and probity in government matters. The Australian media would do well to remember that

So far, Berejiklian has garnered a significant amount of public sympathy, as a successful woman, who lost her high-profile job over a personal misjudgement. It will be interesting to see if that sympathy holds.

The former premier is due to back at ICAC on Monday morning.

Authors: David Clune, Honorary Associate, Government and International Relations, University of Sydney

Read more https://theconversation.com/berejiklian-says-maguire-was-part-of-her-love-circle-but-was-not-significant-enough-to-declare-will-this-wash-with-icac-170860

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How NDIS Providers Can Free Up Space and Run a Tighter Operation

Walk into the office of almost any growing NDIS provider and you will probably find a corner that ha...

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...

How Non-Competitive Sports Programs Benefit Early Childhood Development

Australia is known globally as a sporting nation, yet recent statistics paint a surprisingly differe...

The Hidden Health Impacts of Digital Screens on Developing Eyes

Modern Australian childhood is undeniably intertwined with technology. From educational tablets in p...

GRC Consulting and Cyber Security Consulting for Businesses

Businesses face risks such as ransomware attacks, data breaches, violations of regulatory standards ...

How to Set a Budget Before Bidding at Auction

Placing a bid at an online art auction is an exciting way to discover rare paintings, home content...

Does a Modern James Bond Exist?

Image Credit: MysteryShot What the Movies Get Right About Private Investigators There are a few mov...

How Australian Businesses Can Effectively Manage Tax Audits and Disputes

Managing a small business in Australia is inherently challenging, but recent shifts in regulatory ...