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AAP
AAP
National
Duncan Murray

'Do me a favour': MP 'misled' watchdog over taped calls

Former Liberal MP Daryl Maguire denies giving misleading evidence to the NSW ICAC. (Flavio Brancaleone/AAP PHOTOS)

Disgraced MP Daryl Maguire allegedly expected a cut of a $48 million property deal he helped broker for a Chinese-based "client" and later made misleading comments about his aims to a corruption watchdog, a court has been told

The former member for Wagga Wagga - whose clandestine relationship with ex-NSW premier Gladys Berejiklian helped lead to her political downfall - has pleaded not guilty to one charge of giving misleading evidence to the NSW Independent Commission Against Corruption.

Prosecutors allege Maguire gave the evidence at an ICAC hearing in July 2018 about what he expected to get out of the sale of a development in Sydney's southwest.

A three-day hearing that began in Sydney's Downing Centre Local Court on Monday was played a covertly recorded phone call between Maguire and then-Canterbury councillor Michael Hawatt from May 2016.

Maguire could be heard telling Hawatt he had a buyer interested in major residential developments, which the court heard was a Chinese-owned company, Country Garden.

"Can you do me a favour? I need a few things to feed my friends," the Liberal politician said in the call.

"What have you got on your books? Have you got anything DA-approved?"

The pair then discussed a particular development in Campsie about which Maguire asked: "What's the margin in it for you?"

The development involved 300 units priced at up to $160,000 each, the court heard, which the pair calculated equalled a total sale of $48 million.

Former Liberal MP Daryl Maguire.
Daryl Maguire is facing legal action following an investigation by NSW's corruption watchdog. (Flavio Brancaleone/AAP PHOTOS)

Hawatt said he expected to receive up to two per cent of the proceeds for selling the units on behalf of property developer Charbel Demian.

"That's alright. That's better than nothing," Maguire said in the call.

"It's a quick f***ing sale. My client is mega big and has got mega money."

Hawatt then suggested the commission might be as high as three per cent, an amount Maguire urged him to pursue.

"One-point-five per cent isn't enough divided by two, if you know what I'm talking about," Maguire said.

In another call between the men on the same day, Maguire said to Hawatt: "This will be very worthwhile for us but he's got to do three per cent."

Prosecutors allege these statements were evidence Maguire was expecting to be paid and his later denials to ICAC were misleading enough to have a material impact on its investigation.

"The evidence demonstrates that Mr Maguire believed that he and Mr Hawatt would share a commission if they identified property that could be purchased by Country Garden," prosecutor Phil Hogan told the court.

The call was recorded by ICAC under Operation Dasha, which probed allegations of corruption at the local council and whether then-councillors dishonestly exercised their official functions over planning proposals and applications.

Former Liberal MP Daryl Maguire departs the Downing Centre Local Court
Former Liberal MP Daryl Maguire is adamant he has never lied to an ICAC investigation. (Flavio Brancaleone/AAP PHOTOS)

On Monday, the court was also played Maguire's evidence to ICAC in which he denied entering into any business arrangements with Hawatt and described only having discussions of a "general nature" about property.

After being played a recording of the phone calls between him and Hawatt, Maguire said he couldn't recall exactly but it appeared he was expecting to receive some sort of payment in the deal.

"It appears that I am talking about a dividend," he told the inquiry at the time.

"A dividend to be shared by two. You'd have to assume at that, an interested party, an interested person. I suspect it was me."

Maguire resigned from NSW parliament in 2018 after a separate ICAC investigation, which also led to his secret romantic relationship with Ms Berejiklian coming to light.

She also stood down from her role and was later found by ICAC to have breached public trust in failing to disclose the relationship.

Hawatt and Demian are also facing allegations of misleading ICAC and remain before the courts having both pleaded not guilty.

The hearing continues.

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