They suggested it would be “difficult absent Ms Berejiklian’s evidence for the prosecutor to exclude the hypothesis that Ms Berejiklian would have engaged in the conduct for the purposes of electoral advantage (a purpose that she evidently regarded as legitimate)”, as opposed to advancing her relationship with Maguire. In its report, counsel assisting submitted that as Berejiklian gave her evidence to the Icac under objection, it would not be admissible against her in any criminal proceedings. Under the laws governing Icac, it is possible for behaviour to be serious enough to warrant a corrupt conduct finding, but not so serious as to constitute the offence of misconduct in public office. He also was found to have misused his role as an MP to advance his own financial interests in connection with an immigration scheme that he promoted to his constituents and others connected with his electoral district.
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It undermined the high standards of probity that are sought to be achieved by the ministerial code which, as premier, Ms Berejiklian substantially administered.” skip past newsletter promotion “To do so to conceal conduct she suspected concerned, or might have concerned, corrupt conduct on the part of Mr Maguire, another member of Parliament, both to protect herself and him from the Commission exercising its investigative powers was grave misconduct. The report notes that 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. “At the time Ms Berejiklian failed to report her suspicions to the commission, she was the premier of the state. Icac also found Berejiklian engaged in “serious corrupt conduct” by failing to notify Icac of her suspicion that Maguire had “engaged in activities which concerned, or might have concerned, corrupt conduct”. Icac found she had partially exercised her official functions while “influenced by the existence of her close personal relationship with Mr Maguire, or by a desire on her part to maintain or advance that relationship”. No disclosure of their relationship was made. Icac also found against Berejiklian for her handling of a proposal to build a recital hall for the Riverina Conservatorium of Music, which Maguire had also lobbied for. It said she was “in a position of a conflict of interest between her public duty and her private interest, which could objectively have the potential to influence the performance of her public duty”. It said Berejiklian “engaged in serious corrupt conduct by breaching public trust in 20” over the grants. Berejiklian did not disclose her relationship to Maguire at any point while supporting the grant.
It found she breached public trust while premier and treasurer through her support for a grant to the association, which Maguire had lobbied for. One of these was a $5.5m grant to the Australian Clay Target Association. Icac found the former premier breached public trust in the awarding of funding to two projects Maguire had lobbied for in his electorate. What conduct of Berejiklian’s was found to be corrupt?
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Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup It did, however, recommend the DPP should be consulted about the possible prosecution of Maguire and two others. Icac did not recommend parliament seek advice from the director of public prosecutions (DPP) about charging Berejiklian (see below for its reasons).
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