Former NSW premier Gladys Berejiklian, who in June was found to have engaged in serious corrupt conduct, has launched a legal challenge against the state’s corruption watchdog.
Berejiklian’s legal bid against the Independent Commission Against Corruption (Icac) is listed for a directions hearing in the NSW court of appeal on 9 October. Written submissions for the appeal are not required to be made public until after the hearing.
In June, the Icac investigation, known as Operation Keppel, found Berejiklian had engaged in “serious corrupt conduct” after almost two years of investigations.
Geoffrey Watson, a director of the Centre for Public Integrity and a former counsel assisting to the Icac, said the challenge was a judicial review, which means it has a narrower scope than an appeal.
“A charge like this is very confined, really only to an error of law,” Watson said.
“There have been many challenges of this kind to the decisions of Icac. Very, very, very few of them have succeeded.”
Former Liberal NSW premier, Nick Greiner, whose administration created Icac before he was later forced out due to Icac findings, successfully appealed the finding against him in 1992.
The findings against Berejiklian, who is not being considered for criminal prosecution, related to government grants for two organisations in Wagga Wagga in the electorate of Daryl Maguire, with whom Berejiklian was in a relationship and who was also found to have acted corruptly.
Icac found Berejiklian’s failure to declare a personal conflict of interest in relation to funding for the Australian Clay Target Association (Acta) 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.
Berejiklian has maintained she served the public interest “at all times” while in office.
Watson speculated that Berejiklian’s challenge might be on the basis that her conduct shouldn’t be considered serious misconduct because her decisions were made in the public interest.
However, he added the challenge could also be about the Icac’s former commissioner, Ruth McColl, continuing her appointment in order to make a decision on the findings, despite her appointment having expired.
If Berejiklian is successful in her bid, Watson said it was unlikely to have wide-ranging impact on the corruption watchdog.
“It would do some reputational damage, but as to its function it would just go on,” he said.
The premier, Chris Minns, said he was not concerned about the legal challenge.
“That’s her right as a citizen,” he told reporters in Sydney on Saturday. “Everybody has an appeal right to the Icac and it’s up to her whether she wants to take it up.”
