ICAC’s Berejiklian probe isn’t over just because her ex-boyfriend has been charged

Don’t assume the corruption inquiry into former NSW premier Gladys Berejiklian’s conduct in office is wrapping up just because her former boyfriend has been charged with criminal conspiracy, an ICAC insider says. 

Ex-Wagga Wagga MP Daryl Maguire has been charged over an alleged cash-for-visa scheme that was first exposed as part of an investigation by the NSW Independent Commission Against Corruption (ICAC). Maguire’s lawyers were served with a court notice on November 7 by the Australian Border Force after an “extensive investigation … associated with alleged visa and migration fraud”. 

Maguire’s case was heard in Sydney’s Downing Centre Local Court on Tuesday where he was granted bail and told to surrender his passport. 

The ICAC confirmed to Crikey on Wednesday that it had “disseminated information to relevant law enforcement agencies” under a section of a NSW law allowing it to do so “as the commission thinks appropriate”. 

But while the conspiracy charge against Maguire may be related to evidence heard by the ICAC, it should not be seen as a sign the watchdog’s investigation is finished.

“It’s not a sign in respect of the Gladys Berejiklian investigation — you can’t draw that inference,” former counsel assisting the ICAC Geoffrey Watson SC told Crikey.

“In fact, [the ICAC and other agencies] have to keep themselves quite separate. They can pass over information, but the two organisations really have to remain separate.”

The commission declined to answer a question from Crikey on Wednesday about the status of Operation Keppel, the investigation into Maguire that was eventually broadened to scrutinise Berejiklian as well. 

Berejiklian has denied suggestions at ICAC hearings that she breached the public’s trust by failing to report alleged corrupt conduct by Maguire while the two were in a secret relationship that lasted for years. It is not suggested she had anything to do with the alleged conspiracy over which Maguire was charged.

The commission said the commissioner overseeing the probe, Ruth McColl, was “still engaged” as a consultant but had “no further comment”. McColl’s tenure was about to finish several weeks ago, but the commission decided to keep her on as a consultant to finish her report.

It’s understood the move to hire a commissioner as a consultant is a somewhat unusual one. 

In an update published October 28, the day before the ICAC said it would make McColl a consultant, the commission said it had received responses from “selected parties” as recently as October 18.

“Additional submissions were provided by the commission to selected parties on discrete issues on April 27 2022 and October 6 2022. Respective responses were received on May 4 2022 and October 18 2022,” the update said. 

The visa scheme allegations were heard during Operation Keppel’s initial set of public hearings, in 2020.

The relationship between Berejiklian and Maguire was revealed during those hearings. The following year, the ICAC heard additional public evidence that focused on Berejiklian’s actions in office. 

Maguire’s lawyer has been contacted for comment.