He pointed to the recent public hearings and the “Stasi-like” powers that failed to produce a “smoking gun” on Ms Berejiklian, who resigned because of the announcement she was being investigated.īut he agreed that the former premier should have declared her relationship with Mr Maguire and let her colleagues determine if there was a conflict of interest. The ICAC does not presume guilt, nor does it make a legal case – it gathers evidence and makes recommendations to independent prosecutors for them to make a criminal case, if appropriate. Mr Morrison said the NSW model of public hearings implied people were guilty before being proven innocent. Politicians, including Prime Minister Scott Morrison, and the public have criticised the ICAC after it announced that it was investigating Ms Berejiklian, using it as an example of what a federal equivalent should not look like. The ICAC has set a deadline of February 14 for responses to counsel assisting’s submissions, meaning the findings will not be made until at least early next year. “I don’t believe that ICAC destroys reputations, it’s people’s behaviour that destroys reputations.” “I would argue of course we need it at a federal level because at the moment, there’s no scrutiny at all that absence of scrutiny means you get an absence of integrity. “It’s got to be an independent body so without ICAC, we would not be able to examine and scrutinise the integrity of the leaders of the NSW government,” he said. “I think where the premier might miss the point is a conflict of interest, whether actual or perceived, it’s the perception of a conflict between a private relationship and a public duty,” Mr Whealy said. The former premier told the ICAC she did not see it as “substantial” enough – despite agreeing that she and Mr Maguire were in love and had talked about having a baby. Mr Whealy said the body’s strongest evidence against Ms Berejiklian was her failure to declare her relationship. Failing to report suspicions of corruption or encouraging it holds possible criminal charges. However, failure to declare a conflict of interest – a breach of the ministerial guidelines – does not hold a criminal punishment. “A lot of will depend on the impression that Ms Berejiklian gave while giving evidence.”Īs part of the ICAC’s function, it can make findings of corrupt conduct and even recommend criminal charges to state prosecutors. “They are sufficiently serious matters to warrant investigation,” Mr Watson said. The ICAC is investigating whether Ms Berejiklian breached the public trust by failing to declare a conflict of interest from her relationship with Mr Maguire, and if she failed to report suspicions or encouraged corrupt conduct. Mr Watson said the evidence from Ms Berejiklian showed it would have been inappropriate for the ICAC not to pursue its inquiry and the watchdog had “strong grounds” for all its allegations. Gladys Berejiklian at the ICAC inquiry on Monday. The Independent Commission Against Corruption has ended two weeks of public evidence after its inquiry into Ms Berejiklian’s former secret boyfriend turned its sights on her. Geoffrey Watson, SC, and Anthony Whealy, QC, said the inquiry into Ms Berejiklian had strengthened the case for a federal watchdog. Top silks say the NSW corruption inquiry has provided strong evidence Gladys Berejiklian should have disclosed her relationship with Daryl Maguire, but that the former premier is unlikely to face criminal charges for corrupt conduct.
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