Gladys Berejiklian’s former boyfriend, the disgraced ex-MP Daryl Maguire, was a “special kind of serial pest” who had an “emotional hold” over the former state premier, a lawyer representing the New South Wales corruption watchdog has told a court.
Defending the Independent Commission Against Corruption’s findings of corrupt conduct on the part of Berejiklian, Stephen Free SC told the court of appeal Berejiklian’s “vision for her future” with her Liberal colleague had impacted her judgment.
The court sat on Tuesday for the second day of a judicial review of the Icac findings that the former state leader engaged in corrupt conduct and breached the public trust by failing to disclose her relationship with Maguire.
Berejiklian’s barrister, Bret Walker SC, on Monday argued that viewing a relationship as a “standing potential for impropriety” was a “black, depressing and utterly unrealistic view of human life”.
He also argued there was no evidence that Berejiklian’s wanting to maintain or progress her relationship with the former Wagga Wagga MP had impacted her decision-making.
The claim was rebutted by Free on Tuesday. He told the court there was a “rational foundation” for the finding and that Maguire was a “special kind of serial pest” in his lobbying of the former premier.
“He was agitating for his interests in his electorate by taking advantage of a particular emotional relationship that existed only as between them,” he told the court.
Free said there was evidence that Maguire had an “emotional hold” over Berejiklian.
He argued that the former premier’s “vision for her future”, including the prospect of marriage and children with the MP, meant she had a special interest in him, “which she obviously did not have with any other local member”.
Berijiklian has maintained that she did not give Maguire special treatment.
Between 2016 and 2018, Berejiklian was involved in approving or supporting allocations of millions of dollars in government funds to projects in Maguire’s electorate.
While acknowledging others in the cabinet had also supported these projects, Free said that did not mean Berejiklian’s judgment had not being affected by her relationship with the local MP.
“She was influenced by not just her assessment of the merits of the proposals but a desire to maintain her relationship with Mr Maguire,” Free said.
Walker retorted that being influenced by someone did not amount to corruption.
“It doesn’t distort political decision-making to take into account the preferences and desires of those whom you admire,” he said.
“That’s the conduct of human politics by humans.”
Berijiklian’s legal team has previously argued the findings were invalid because assistant commissioner Ruth McColl, who in charge of the probe, was no longer at the commission when they were finalised.
McColl was yet to complete the report at the end of October 2022 when her term was due to expire. She was given an extension to work as a consultant until she handed her report to the three-person commission in June 2023.
He also argued there were several “defects of reasoning” and legal errors in the findings.
Icac had initially been looking into Maguire who was also found to have engaged in serious corrupt conduct. Maguire was alleged to have used his position to conduct a business helping property developers.
After Berejiklian was heard on phone taps, she was called to give evidence at Icac and admitted she had been in a “close personal relationship” with Maguire for several years, which she had not disclosed to colleagues or family.
Icac then investigated a number of grants she had been involved in approving for Wagga Wagga as well as her state of knowledge of Maguire’s business dealings.
Berejiklian has maintained she served the public interest “at all times” while in office.
Last year, Icac found the former premier’s failure to declare a personal conflict of interest in relation to funding for the Australian Clay Target Association and the Riverina Conservatorium of Music was a breach of public trust.
Additionally, Icac found Berejiklian engaged in corrupt conduct by failing to report suspicions that Maguire had engaged in corrupt conduct.
The hearings concluded on Tuesday afternoon and the judgment will be handed down at a later date.
