When Gladys Berejiklian resigned as NSW premier on October 1, the plaudits came thick and fast. She was hailed as a feminist icon, the first popularly-elected woman premier of the country’s largest state. Prime Minister Scott Morrison told journalists that “she has displayed heroic qualities … as the premier of New South Wales”.
Three weeks later, those people who praised Berejiklian are now silent as the NSW Independent Commission Against Corruption (ICAC) investigates whether Berejiklian “breached public trust” or “encouraged corrupt conduct” between 2015 and 2018, during which time she was in a secret “close personal relationship” with former Wagga Wagga MP Daryl Maguire.
Several bureaucrats have told ICAC that they had recommended against granting funding totalling $35.5 million to two projects in Maguire’s electorate, on the grounds of insufficient merit. However, they were overruled by politicians and the money was advanced.
Former minister for sport Stuart Ayres is in the ICAC witness box this morning, giving evidence of the circumstances in which a Wagga Wagga gun club was granted $5.5 million to upgrade its club house. Ayres is not accused of any wrongdoing.
Outside ICAC, speculation is running rife. If Berejiklian is found to have breached public trust, what happens next? There are three possible outcomes — although the most likely result seems to be that no further action would be taken now that she has resigned from public life. With Coalition governments in place in NSW and Canberra, there will be no political will to pursue her further, despite the electoral damage.
The most serious outcome would be a referral to the Office of the Director of Public Prosecutions (ODPP), which would make its own determination about further action. However, the threshold for criminal prosecution is high and the ODPP can be reluctant to expend public money on those prosecutions that may not succeed in court.
Another course of action would be a referral to NSW Parliament’s Standing Committee on Parliamentary Privilege and Ethics. One of its functions relates to section 7A of the Independent Commission Against Corruption Act 1988, which defines corrupt conduct.
As Berejiklian was a NSW MP for 18 years, and premier for four, she is entitled to a substantial pension and generous superannuation benefits. But section 19AA the Parliamentary Contributory Superannuation Act 1971 states that a parliamentarian’s eligibility for a pension arises after having been in office for seven years, “except where the member or former member is charged with or convicted of a serious offence”. This is defined as either an offence punishable by a term of five years or more, or “an infamous crime”.
Ayres, now the NSW minister for jobs, investment, tourism and Western Sydney, has told ICAC this morning that he had knocked back the $5.5 million request from Maguire for the Australian Clay Target Association (ACTA) in 2014 and 2016.
However, Maguire was “relentless” and the requests for funding ongoing. Although the usual practice was that grant applicants had to pay for their own business cases, ICAC has heard that NSW taxpayers paid $40,000 for a consultant firm to write one for ACTA.
Counsel assisting ICAC Scott Robertson asked Ayres why the government decided to do this, considering it was a private organisation.
“Why didn’t you simply turn around … [and say] ‘you need to demonstrate to me that this is money worth spending?’” Robertson said.
There was a “question mark” about whether the association had the money to fund their business case, Ayres replied.
The Minister said he thought the proposal had merit but wanted “greater research or a business case behind it” before it went any further.
The hearing continues.
If an organisation does not have the viability and expertise to write a grant application for $5m, with all the costings plus statement of need, does it have the capacity to spend that much money wisely?
I’m sure taxpayers are thrilled that they stumped up the 40k to have “consultants “ prepare a business case. No surprises that they came back with a strong case according to Stuart Ayres. How can anyone be sure that a satisfactory outcome was not the starting point.
Again, the signs were there with Shredderjiklian for some time – there were just those that didn’t want to see them (not least because of her gender?) :- if you think pork-barreling’s all right, “because everyone’s doing it” – where are your boundaries?
Well frankly pork barreling is “Not illegal” was when I saw what NSW had for a premier.
‘…the most likely result seems to be that no further action would be taken now that she has resigned from public life.’
The last I heard Berejiklian was still the Member for Willoughby – & will remain so until a by-election is called. Currently on the NSW payroll therefore definitely retaining a public life.
That is why Gladys has been lobbying for a diplomatic posting like Barry O”Farrell and Arthur “I can’t remember” got?
As far as I can see, the only difference between NSW Wagga Clay Shooting Rorts and the Federal Sports and Car Park rorts is that, in the latter two examples, the relationship between the recipients of the largesse and the person doling out the largesse weren’t shagging each other.
Need a subeditor:
As far as I can see, the only difference between NSW Wagga Clay Shooting Rorts and the Federal Sports and Car Park rorts is the relationship between the recipients of the largesse and the person doling out the largesse. In the latter two examples, they weren’t shagging each other.
That we know of…
Beat me to it.
The one thing I’d really like to understand – and haven’t seen covered – is if the sports/carpark rorts would attract the attention of a federal body that mirrored NSW ICAC in scope and function?
The PM (who would likely be drawn into any investigation) – stated up front that the model would certainly not be adopted at federal level.
Surely it’s not just about who she’s shagging – but rather the complete subversion of due process in spending taxpayer’s money for personal gain. Using taxpayer money as a slush fund for re-election is textbook maladministration.
Why did the boyfriend choose Gladys? Her looks or her position (in parliament).
Surprisingly, Guardian Australia has been very “silent” on the recent ICAC investigation into Berejiklian.
In fact, it appears to have reversed its opinion of her over the past several months, from basically tearing strips off her after the Maguire revelations, to oft shown pictures of her electorate office bathed in flowers, lamenting her resignation, as though the woman was dead, for goodness sake.
Comments were turned off almost immediately after her resignation due to “possible legal purposes”, and I don’t think they’ve been allowed since (to be honest I don’t look that often anymore, so could be wrong).
Reporting of daily ICAC events seem to be relegated to only one or two journalists, who appear to skip much of the content of the day’s events, which is a shame really, in favour of basic descriptions.
It would appear that they have gone from being fearless journalists to fearful ones over the past eighteen months particularly – in keeping with the LNP Government’s threats of possible defamation lawsuits.
Long live Crikey!
Guardian Australia is running scared, almost no articles are open to comment and the articles are open to comment are never related to politics…the ‘daily’ blog where comments can be posted is open 1 day each fortnight currently, what is the point of subscribing?
Long Live Crickey!