Secret recordings of racist comments made by the Northern Territory Children's Commissioner Colleen Gwynne will form part of the evidence in her abuse of office trial, the jury has been told.
Warning: This story includes racist and offensive language.
Ms Gwynne is facing one count of abuse of office for alleged arbitrary and prejudicial conduct.
She is accused of attempting to recruit her "close friend" Laura Dewson to the role of assistant commissioner between 2018 and 2019, and failing to disclose or manage this conflict of interest.
Wrapping up her closing submissions in Darwin's Supreme Court yesterday, prosecutor Georgina Wright SC told the jury that Nicole Hucks — who is currently the acting NT children's commissioner — made an initial complaint about the recruitment process.
The jury was told police made legal recordings of conversations between Ms Gwynne and Ms Dewson about Ms Hucks, after Ms Gwynne had been informed that Ms Hucks had made the complaint.
During the conversation, Ms Gwynne used a racist slur to describe Ms Hucks, calling her a "fat g*n", the court heard.
The court also heard Ms Gwynne said she would provide a positive reference for Ms Hucks regarding another public service job "because they'll be stuck with her".
In another conversation, Ms Wright told the jury Ms Gwynne said: "She won't, f***ing won't let this go, this f***ing g*n."
"The Crown alleges that the recordings show the accused expressing her genuine thoughts, her genuine motivation about Nicole Hucks privately to Laura Dewson, her friend," Ms Wright said.
"They demonstrate malice or hostility towards Nicole Hucks."
Prosecution alleges interference with recruitment process
The court also heard Ms Hucks held the assistant commissioner role on a contractual basis for about 16 months and then went on maternity leave.
Shortly afterwards, Ms Dewson began acting in the position.
While on maternity leave, Ms Hucks applied for the role again, which had been advertised as a permanent position.
The prosecution alleged a "special measures" provision originally in the job description, which required Aboriginal and Torres Strait Islander applicants to be considered first, was "likely" removed by Ms Gwynne and Ms Dewson.
Ms Wright told the jury Ms Gwynne tried to interfere with and then overruled an independent selection panel's decision to appoint someone else to the role in 2018.
On that occasion, Ms Hucks had been found unsuitable for the role and interstate candidate Claire Febey had been chosen by the panel.
"The accused's intervention in that way was improper or inappropriate," Ms Wright said.
She told the jury the first recruitment process in 2018 "demonstrates the accused's single-minded determination to appoint her friend."
"The whole thing had to be cancelled," she said.
Ms Wright said the NT attorney-general's department stepped in and the position had to be re-advertised.
She alleged Ms Gwynne also tried to influence the selection process again when a second recruitment round was held in 2019.
"We say that by late 2018 and 2019 the accused had resolved to continue to show favouritism to Laura Dewson," Ms Wright said.
"However, the special measures provision meant that Nicole Hucks now had to be considered first, because she's an Aboriginal person."
She said Ms Gwynne had provided a positive reference for Ms Hucks during the first recruitment process and a negative one during the second process.
"The Crown says this was a negative reference overall, identifying numerous weaknesses," Ms Wright said.
Ms Wright told the jury a member of the selection panel then asked for evidence to support the negative claims.
Justice John Burns told the jury on Friday the trial would be delayed until Tuesday, to allow for debate about a "significant issue of law".
