Gladys Berejiklian has lost a high-stakes court bid to overturn findings she acted corruptly in a major blow to the former premier’s reputation and win for the NSW integrity watchdog.
Chief Justice Andrew Bell delivered the decision on Friday, maintaining findings the former state Liberal leader breached public trust through her covert romance with disgraced party colleague Daryl Maguire.
The NSW Independent Commission Against Corruption delivered a bombshell report in June 2023 that concluded Ms Berejiklian engaged in “serious corrupt conduct” because of the undisclosed relationship.
ICAC deemed the corrupt conduct included her sitting on a cabinet committee tasked with considering millions of dollars worth of funding arrangements pushed by Maguire for his Wagga Wagga electorate.
During Ms Berejiklian’s NSW Court of Appeal bid, her barrister Bret Walker SC argued the personal relationships of ministers did not automatically equate to corruption.
But ICAC barrister Stephen Free SC argued there was a rational foundation for finding Ms Berejiklian had been influenced by her desire to maintain or advance her relationship with Maguire.
While the ex-premier claimed she treated Maguire like any other MP, Mr Free told the court her vision for their future – including marriage, children and life after politics – meant she had a special interest in him.
Between 2016 and 2018, as treasurer and then premier, Ms Berejiklian was involved in approving or supporting allocations of $5.5 million for the Wagga-based Australian Clay Target Association and $10 million for the Riverina Conservatorium of Music.
ICAC said her deliberate failure to disclose the relationship in those circumstances was “wilful” and unjustified.
Mr Walker labelled those findings “illogical” as the watchdog had also deemed there was insufficient evidence to pursue criminal charges.
He argued former judge Ruth McColl, who was appointed assistant commissioner to help with the inquiry, did not have the authority to prepare the ICAC report.
While Ms McColl’s appointment as assistant commissioner expired in October 2022, she was kept on as a consultant for a further eight months before the report was published.
Ms Berejiklian stood down as premier in 2021 at the start of ICAC’s investigation, later walking away from politics to pursue an executive role with telecommunications giant Optus.
She has consistently rejected the ICAC findings, arguing she has always worked her hardest in the public interest.
Gladys Berejiklian Timeline
1993 – Gladys Berejiklian joins the Liberal Party
2003 – Ms Berejiklian wins the state seat of Willoughby, in northern Sydney
2011 – She is appointed transport minister in the O’Farrell government, her tenure including a major restructure of the train network and introduction of the tap-on Opal card
2014 – Barry O’Farrell resigns as premier and Ms Berejiklian chooses not to run the top job before Mike Baird takes it
2015 – Ms Berejiklian begins a covert relationship with Wagga Wagga Liberal MP Daryl Maguire
2017 – Mr Baird resigns and Ms Berejiklian takes on the job of premier
June 2018 – Maguire is drawn into an Independent Commission Against Corruption investigation into Sydney’s Canterbury Council
August 2018 – Maguire tenders his resignation
2019 – Ms Berejiklian secures a second term as premier when her party wins the state election
August 2020 – The relationship between Ms Berejiklian and Maguire ends
October 2020 – Maguire admits at an ICAC hearing that he used his position to make money for himself and his associates
October 2021 – ICAC launches a public investigation involving Ms Berejiklian, prompting her resignation as premier
February 2022 – Ms Berejiklian joins Optus in a newly created, senior role
June 2023 – She is found by ICAC to have engaged in serious corrupt conduct and breached public trust
September 2023 – Ms Berejiklian lodges legal action to overturn the ICAC findings
July 2024 – The NSW Court of Appeal delivers its decision on whether the ICAC findings will stand
