Former premier Gladys Berejiklian now works for Optus. Photo: Facebook.
Former NSW Premier Gladys Berejiklian has lost a legal challenge against the finding by the state’s corruption watchdog that she engaged in “serious corrupt conduct” while leading her government.
In June 2023, the Independent Commission Against Commission (ICAC) found Ms Berejiklian breached public trust by playing a lead role in approving funding for a Wagga gun club and the Wagga-based Riverina Conservatorium of Music without disclosing she was in a close personal relationship with then-Wagga MP Daryl Maguire.
Ms Berejiklian challenged the ICAC findings in a civil case made before the NSW Court of Appeal on 13 grounds, arguing there was not enough evidence to support the findings against her and claiming ICAC made errors in how it interpreted her role and the law.
On Friday (26 July), NSW Chief Justice Andrew Bell announced that in a split 2-1 decision, the court dismissed this appeal and ruled that she would have to pay the costs of the legal proceedings.
“Each ground of review has been rejected,” the published judgement stated.
“Ms Berejiklian’s application to quash the Commission’s findings of ‘serious corrupt conduct’ or to have those findings declared as made without or in excess of jurisdiction should be dismissed, with costs.”
The second grounds of the former premier’s appeal argued there wasn’t evidence that she was influenced by her personal relationship with Mr Maguire, whom she has been in a secret relationship with for several years.
The Court of Appeal outlined what it viewed as evidence to dismiss this appeal.
“For example, [Ms Berejiklian] intervened with Treasury to support funding for the Wagga Wagga Base Hospital on 16 May 2018 after Mr Maguire had been told that “[his] 170 million” dollar funding request was ‘not a line item’.
“As he described it to [Ms Berejiklian] in a recorded telephone call, the relevant Minister had said to him, ‘I haven’t seen it. I don’t know, it’s up to Treasury’, to which Mr Maguire had replied, “You better f****** make sure Wagga’s got money; otherwise, there’s gonna be a riot on your hands’ … Ms Berejiklian responded to Mr Maguire that she would ‘deal with it’ and ‘fix it’.”
Daryl Maguire and Gladys Berejiklian were in a secret relationship. Photo: Facebook
The judgement noted “Ms Berejiklian’s apparent preparedness to take, or not take, steps in her public life with a view to placating Mr Maguire and maintaining their personal relationship”.
Ms Berejiklian, 53, resigned as NSW premier in October 2021, soon after ICAC commenced its investigation into her. She now works as a managing director for Optus. ICAC did not recommend that criminal charges be made against her.
Her former lover, Daryl Maguire, resigned as the member for Wagga in July 2018. He was charged with criminal conspiracy over an alleged visa fraud committed when he was in parliament in November 2022. This case remains ongoing.
Independent MP Joe McGirr has held the NSW state seat of Wagga since he won it at a by-election prompted by Mr Maguire’s resignation in September 2018.
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