Gladys Berejiklian, pictured in 2020, told the inquiry she did not have any knowledge of corrupt dealings by Daryl Maguire. Photo: AFP / Saeed Khan
By Amy Greenbank of ABC
Former New South Wales premier Gladys Berejiklian and ex-Liberal MP Daryl Maguire engaged in serious corrupt conduct when they were a couple, the state's corruption watchdog has found.
The Independent Commission Against Corruption (ICAC) report was delivered to parliament just after 9am today, almost two years after Ms Berejiklian resigned from the state's top job.
The ICAC was probing whether Berejiklian's secret relationship with Maguire, the former MP for Wagga Wagga, influenced her conduct in office.
It found Berejiklian breached the public trust in 2016 and 2017 by overseeing the awarding of a grant to the Australian Clay Target Association (ACTA) in Wagga Wagga without disclosing her personal relationship with Maguire.
At the time she was treasurer and the ICAC found her actions created a conflict of interest between her public duty and private interest.
The watchdog also found she was influenced by her relationship with Maguire, or by a desire to maintain or advance the relationship, when she promised funding for a recital hall at the Riverina Conservatorium of Music (RCM) in Wagga Wagga in 2018.
Maguire was an "enthusiastic advocate" for more funding for the ACTA and RCM, according to ICAC, and Berejiklian presided over the Expenditure Review Committee that approved the grants.
"At the same time, Mr Maguire and Ms Berejiklian were in an undisclosed close personal relationship," the report states.
The ICAC is not, however, recommending the Director of Public Prosecutions (DPP) pursue Berejiklian for any offence.
But it will refer Maguire to the DPP for possible criminal charges over his alleged involvement in a visa scheme involving company G8wayInternational.
The ICAC concluded that between 2012 and 2018 he improperly used his office to benefit G8wayInternational Pty Ltd, a company for which he was a director "in substance" and profited from.
He did not disclose his interest and position in the company - a requirement of all MPs - and promoted the scheme to his constituents.
ICAC also found he attempted to advance his own financial interests in connection with the sale of land in NSW.
During the ICAC hearings, several intercepted calls between Maguire and Berejiklian were played and in one 2017 call he alluded to a potential windfall he stood to make over a property deal.
Berejiklian responded, "I don't need to know about that bit."
It was alleged the disgraced MP was expecting to be paid a significant sum for helping broker the multi-million-dollar sale of private land near the Western Sydney airport.
Berejiklian denied she was attempting to avoid being told anything she would need to act upon and told ICAC she would have reported him if she knew anything was wrong.
But the ICAC found she had suspicions he was engaged in corrupt conduct and her refusal to notify ICAC of those concerns amounted to serious corrupt conduct.
"Ms Berejiklian must have known that she was not entitled to refuse to exercise her official functions for her own private benefit, or for the benefit of Mr Maguire," the report said.
The watchdog said her failure to come forward was born from a desire to protect herself and her then-partner.
ICAC makes 18 recommendations
Berejiklian was also found to have breached the ministerial code of conduct by not disclosing her relationship with Mr Maguire.
This was despite her suggestion in the witness box it was not of "sufficient substance" to disclose.
During her evidence, she revealed she had never told her parents or sisters about the relationship, despite the fact she and Maguire had considered marriage and children.
he Commission has now made 18 recommendations to improve the code of conduct that governs MPs.
This includes professional development and clarification around how to properly "intermingle parliamentary duties with personal or private activities".
Responding to the report, NSW Premier Chris Minns said the findings don't take away from Berejiklian's "excellent" handling of the Covid-19 pandemic.
However, he cautioned all MPs to take the declaration of conflicts of interest seriously.
Former close ally of Berejiklian and now shadow health minister Matt Kean lashed out at the delivery of the report as a "ridiculous display".
"ICAC turning a corruption report into a live TV event at Parliament House," he tweeted.
The former premier has steadfastly maintained she executed her duties with the highest level of integrity and is expected to make a statement today.
This story was originally published by the ABC.