The Berejiklian-Maguire saga continues behind closed doors at NSW ICAC inquiry

Reading between the lines it seems Premier Dominic Perrottet is hoping to have a final NSW Independent Commission Against Corruption determination in the Operation Keppel Public Inquiry by October 2022, concerning former premier & former Liberal MP for Willoughby Gladys Berejiklian, so that he can create some clear air before the March 2023 state election.

Perhaps optimistically believing that state voters will forget that the stench of Liberal corruption is not just attached to the federal parliamentary branch of this political party.

The Sydney Morning Herald, 5 July 2022:

The anti-corruption commissioner overseeing the inquiry into former premier Gladys Berejiklian’s conduct has had her term renewed for another six months in the latest extension to the high-profile probe.

Former Court of Appeal judge Ruth McColl, SC, will continue as a temporary commissioner in the investigation known as Operation Keppel until the end of October, the Independent Commission Against Corruption (ICAC) has confirmed.

Gladys Berejiklian was grilled before the NSW ICAC for two days last year. CREDIT:ICAC

Read the full article here.

 

A brief overview of part of Day Two of 2021 NSW ICAC Operation Keppel investigation public hearings

 

Apparently the Liberal MP for Wagga Wagga Daryl Maguire first approached the NSW Minister for Sport Graham Annesley in September 2012 requesting the minister meet with the Executive Officer of the Australian Clay Target Association (ACTA), concerning the possibility of a government grant to upgrade the facilities of an existing regional gun club in his electorate.

At that time Liberal MP for Willoughby Gladys Berejiklian was Minisrer for Transport and it is understood from evidence given to ICAC in 2020 that the admitted close personal friendship of Maguire and Berejiklian began sometime between 2013 and 2015.

The outcome of that particular meeting was a ministerial request that funding be sought from within the then Liberal MP for Manly & NSW Treasurer Mike Baird’s portfolio. However as a low-priority project it was rejected for funding the 2013/14 state budget.

Sometime in January 2016 the Member for Wagga Wagga appears to have again written to Minister for Sport (now the Liberal MP for Penrith Stuart Ayers) advising that the Australian Clay Target Association’s original somewhat sketchy proposal had been tightened and reworked from an upgrade of the shooting range to the building of a suitable new clubhouse.

At that time Maguire informed the Minister for Sport that he had also approached the Treasurer. By this time Gladys Berejiklian had been NSW Treasurer since 2 April 2015.

It was also after January 2016 that the funding request had morphed into a plan to for ISSF level facilities as well as a new clubhouse and office complex.

It seems ACTA had $1.2 million set aside for this project and was requesting an additional $4.9 million in funding from the Baird Coalition Government.

Presumably for the Wagga Wagga club to compete for hosting rights to a World Cup event for trap shooting - even though there was already a large Olympic standard facility in Sydney.

By 20 June 2016. despite still being assessed as a low-priority project, the Minister for Sports, now the Liberal Member for Penrith, Stuart Ayers, apparently suggested a $40,000 grant for ACTA to develop a business case for the club.

BACKGROUND

19-10-2021 transcript	187	19/10/21	1989-2011	1.45pm to 2.48pm
19-10-2021 transcript	292	19/10/21	1936-1988	10.00am to 12.44pm
18-10-2021 transcript	260	18/10/21	1892-1935	2.00pm to 3.57pm
18-10-2021 transcript	271	18/10/21	1844-1891	10.00am to 1.09pm

Office of Premier & Cabinet as well as Treasury get a mention before Day One of 2021 Operation Keppel investigation public hearing takes a lunch break. 2/2

— no_filter_Yamba (@no_filter_Yamba) October 18, 2021

Current Deputy Leader of the NSW Liberal parliamentary party Stuart Ayers now mentioned as one who may possibly have pushed to have the Wagga Wagga grant approved asap. 2/2b

— no_filter_Yamba (@no_filter_Yamba) October 18, 2021

 

Tomorrow, 18 October 2021 at 10am Operation Keppel public hearings begin into the conduct of former Premier & not yet retired Member for Willoughby, Gladys Berejiklian

Gladys Berejiklian
IMAGE: news.com.au

 

NSW Independent Commission Against Corruption (ICAC), media release, 1 October 2021:

The NSW Independent Commission Against Corruption (ICAC) will hold a further public inquiry in Operation Keppel from 10:00 am on Monday 18 October 2021.

The Commission is investigating whether, between 2012 and 2018, the Hon Gladys Berejiklian MP engaged in conduct that:

• constituted or involved a breach of public trust by exercising public functions in circumstances where she was in a position of conflict between her public duties and her private interest as a person who was in a personal relationship with the then NSW Member of Parliament, Mr Daryl Maguire, in connection with: grant funding promised and/or awarded to the Australian Clay Target Association Inc in 2016/2017; and grant funding promised and/or awarded to the Riverina Conservatorium of Music in Wagga Wagga in 2018; and/or

• constituted or involved the partial exercise of any of her official functions, in connection with: grant funding promised and/or awarded to the Australian Clay Target Association Inc in 2016/2017; grant funding promised and/or awarded to the Riverina Conservatorium of Music in Wagga Wagga in 2018; and/or

• constituted or involved the dishonest or partial exercise of any of her official functions and/or a breach of public trust by refusing to exercise her duty pursuant to section 11 of the Independent Commission Against Corruption Act 1988 to report any matter that she suspected on reasonable grounds concerned or may concern corrupt conduct in relation to the conduct of Mr Daryl Maguire; and/or

• was liable to allow or encourage the occurrence of corrupt conduct by Mr Maguire.

The Commission is also investigating whether, between 2012 and August 2018, Mr Maguire engaged in conduct that involved a breach of public trust by using his public office, involving his duties as a member of the NSW Parliament, and the use of parliamentary resources, to improperly gain a benefit for himself, G8wayInternational/G8wayInternational Pty Ltd and associated persons.

The general scope and purpose of the public inquiry is to gather evidence relevant to the matters being investigated for the purpose of determining the matters referred to in section 13(2) of the ICAC Act.

The Commission has decided that public inquiries will be conducted, as far as practicable, remotely via audio visual link (AVL) until there is a change in the current COVID-19 public health orders. Only those whose presence on Commission premises is deemed essential for the effective conduct of the public inquiry will be permitted on-site. Members of the public and the media will therefore not be permitted to attend the premises for the course of the Operation Keppel public inquiry. There is further information in the public inquiry protocol on the Commission’s website.

MS Teams is the AVL technology that the Commission will use to conduct the public inquiry remotely. The Commission will live stream the MS Teams proceedings via its website, www.icac.nsw.gov.au. The Commission will also upload exhibits (provided they are not subject to non-publication orders), transcripts and witness lists to the website. Updates will be provided throughout the course of the inquiry via the ICAC Twitter account (@nswicac).

Assistant Commissioner the Hon Ruth McColl AO SC will preside at the public inquiry. Counsel Assisting the Commission will be Mr Scott Robertson and Mr Alex Brown.

It is expected that the inquiry will continue for approximately 10 days. A witness list for the first week of the public inquiry will be published closer to the commencement date of the proceedings, along with further information about how to access the live stream. The Commission will also advise if there are changes to the public health orders that may affect the conduct of the inquiry.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

OPERATION KEPPEL PUBLIC INQUIRY COMMENCING 18 OCTOBER 2021: WITNESS LIST as of 14 October 2021:

Monday 18 October

Michael Toohey (Current Director, Office of Sport, Greater Sydney Area, NSW)

Tuesday 19 October

Paul Doorn (Current CEO NSW Rugby Union & NSW Waratahs)

Wednesday 20 October

Nigel Blunden (Current Head of Government Affairs – HammondCare & Scott Morrison’s ‘captain's pick' in July 21 to help promote the national vaccination program rollout]

Mike Baird (Current CEO HammondCare & former NSW Liberal Premier from 17 Apr 2014 to 23 Jan 2017)

Thursday 21 October

Chris Hanger (Deputy Secretary, Public Works Advisory and Regional Development Group in the Department of Regional NSW)

Friday 22 October

Stuart Ayres (Current Liberal Member for Penrith, Deputy Leader of the NSW Parliamentary Liberal Party, Minister for Jobs, Investment, Tourism and Western Sydney & Minister for Industry and Trade - previously NSW Minister for Sport 2017-2019 & Minister for Police & Emergency Services 2017-2019). Member of the NSW Government COVID-19 crisis committee)

Gary Barnes (Secretary for the Department of Regional NSW)

Records of ICAC Operation Keppel proceeding commenced in 2020

Former NSW MP for Wagga Wagga – allegations concerning breach of public trust to improperly gain a benefit (Operation Keppel) at https://www.icac.nsw.gov.au/investigations/current-investigations/2020/former-nsw-mp-for-wagga-wagga-operation-keppel/former-nsw-mp-for-wagga-wagga-allegations-concerning-breach-of-public-trust-to-improperly-gain-a-benefit-operation-keppel

Twice in two years Premier Gladys Berejiklian's romantic partner was being investigated by the NSW Independent Commission Against Corruption and she didn't disclose the relationship - until her name appeared on a witness list

Daryl Maguire and Gladys Berejiklian
IMAGE: The Sydney Morning Herald, 12 October 2020

NSW Independent Commission Against Corruption (ICAC), notice, excerpt, 1 September 2020:

Operation Keppel public notice

The NSW Independent Commission Against Corruption (ICAC) will hold a public inquiry as part of an investigation it is conducting into allegations the former NSW Member of Parliament for Wagga Wagga, Mr Daryl Maguire.

The Commission is investigating allegations that, from 2012 to August 2018, Mr Maguire engaged in conduct that involved a breach of public trust by using his public office, involving his duties as a member of the NSW Parliament and the use of parliamentary resources, to improperly gain a benefit for himself and/or entities close to him. These entities included G8wayinternational/G8wayinternational Pty Ltd and associated persons…….

In Week 4 of the subsequent Operation Keppel public hearings commencing 12 October 2020, NSW Premier & MLA for Wagga Wagga Gladys Berejiklian gave evidence before this ICAC inquiry, starting at 9:40am and ending for the day at 2:58pm.

In evidence Premier Berejiklian revealed she was in a personal relationship with Mr Maguire from as early as July 2014 until sometime after 16 August 2020.

For 19 months of those five years Daryl Maguire was a Liberal Party MLA in her own government, only resigning from the NSW Parliament on 3 August 2018 in the wake of another ICAC investigation, Operation Dasha, during which in evidence he made certain admissions concerning commissions on property development.

In the course of investigations into Mr. Maguire’s conduct a number of telephone call and email transcripts of communications between Maguire and Ms. Berejiklian were revealed that do not show the NSW Premier in the best light.

Calls for her resignation are beginning to appear on social media and both NSW Labor and the Greens have described her position as untenable.

At this point in time the Premier refuses to resign.

BACKGROUND

Operation Keppel Public Hearing Transcript, Monday 12 October 2020, Part 1 at https://www.icac.nsw.gov.au/ArticleDocuments/962/12-10-2020%20Operation%20Keppel%20transcript%20pp.%2001348-01437%20from%2009.30pm%20to%201.11pm.pdf.aspx

Operation Keppel Public Hearing Transcript, Monday 12 October 2020, Part 2 at https://www.icac.nsw.gov.au/ArticleDocuments/962/12-10-2020%20Operation%20Keppel%20transcript%20pp.%2001438-01471%20from%201.45pm%20to%203.00pm.pdf.aspx

UPDATE

Crickey, The Worm, extract, 15 October 2020:

In the latest updates out of ICAC, the ABC reports that disgraced former Wagga Wagga MP Daryl Maguire organised a 2016 meeting with then-treasurer and secret partner Gladys Berejiklian over a major local transport project that, although “vehemently” opposed by the roads minister at the time, went on to receive tens of millions in state and federal funds.

Additionally, The Sydney Morning Herald reports that Maguire has admitted to using his position to make money; for example, “having a glass of red” was code for an off-the-record meeting with a property developer and the former chief of staff to the then-planning minister, and he admitted to accepting thousands of dollars in cash on multiple occasions at Parliament House as part of a visa scam. 

The paper also reports that the former staff member of Maguire’s who told the inquiry she was instructed to delete material from his electorate and parliamentary offices, Sarah Vasey, is now working for Deputy Prime Minister Michael McCormack. 

Berejiklian yesterday survived two no-confidence motions against her, and, according to the ABC, maintains she had no knowledge of Maguire’s wrongdoing.