We expect ICAC bombshells,but don’t dismiss its ripples in a murky pond

State Political Editor

NSW’s Independent Commission Against Corruption has delivered some blockbuster moments over the years,many of which would not look out of place in a Hollywood script. A big-time property developer – banned from making political donations – interrupted a vet (who was contesting a state seat for the Liberals) from his operating table to hand him $10,000 in a brown paper bag from the front seat of his Bentley.

A Chinese billionaire,also prohibited from donating,allegedly gave $100,000 cash in an Aldi shopping bag to a former NSW Labor boss at the ALP’s Sussex Street headquarters (both men deny the claim).

There was the eye-watering $30 million coal deal that landed one-time Labor powerbroker and minister Eddie Obeid and his son behind bars. Former Labor mining minister Ian Macdonald will also serve at least five years for his role in that dodgy deal.

To give evidence ... former NSW premier Gladys Berejiklian.

To give evidence ... former NSW premier Gladys Berejiklian.Janie Barrett

And of course,there was the stunning admission that former premier Gladys Berejiklian,whose brand was built on integrity and honesty,had been in a secret long-term relationship with disgraced MP Daryl Maguire,who she had to sack when he became the subject of an ICAC inquiry.

The corruption watchdog,set up to “protect the public interest,prevent breaches of public trust and guide the conduct of public officials in the NSW public sector”,has become synonymous with bombshell evidence. This in turn means we have come to expect jaw-dropping revelations.

Indeed,long-term supporters and former colleagues of Berejiklian,who will front the commission on Friday to give evidence,have publicly and privately warned that the ICAC will need to have some explosive allegations against the hugely popular former premier or else face a public backlash.

Former deputy premier John Barilaro,who appeared before the inquiry on Monday,said in no uncertain terms that Berejiklian should have disclosed her relationship with Maguire.

“I’ve seen many of us declare conflicts of interest for just knowing someone because we worked with someone or have been an associate with someone,let alone being in a relationship,” he said.

However,outside the commission,Barilaro declared:“The issue here is potentially a breach of the ministerial code through a conflict of interest. There is no corruption.”

Corrupt conduct is defined in sections 7,8 and 9 of the Independent Commission Against Corruption Act 1988. It can involve bribery,blackmail,tax evasion,illegal drug dealings,harbouring criminals and treason. The stuff of Hollywood movies. However,a less juicy part of the act’s definition is “any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions” and “any conduct of a public official or former public official that constitutes or involves a breach of public trust”.

Two grants for Maguire’s former seat of Wagga Wagga are at the heart of the inquiry into whether Berejiklian breached public trust or encouraged corrupt conduct while the pair were together. So far,there have been no bombshells. Certainly,not in the league of wads of cash in shopping bags.

In what would have been an upsetting concession from Berejiklian’s former chief-of-staff and long-term friend Sarah Cruickshank,the now public servant agreed that her boss had lied to her about her relationship with Maguire.

There was also a curious moment of cross-examination late in the day on Monday when Berejiklian’s barrister,Sophie Callan SC,asked Barilaro if he had declared any of his “intimate relationships” to Berejiklian when she held the top job. Significantly,Callan didn’t ask about “close personal relationships”,which is how Berejiklian defines her love affair with Maguire,but deliberately used the term intimate. It was a pointed question. It has been well documented that there is no love lost between Berejiklian and Barilaro,and rumours about Barilaro’s personal life have been swirling around Macquarie Street for months,if not years.

A clearly rattled Barilaro,who has recently split from his wife of 26 years,awkwardly danced around the question. “I would have,yes,” he said,pointing out there are requirements to disclose assets connected to family members. Callan pushed on:“What about any other intimate personal relationships?” In a clumsy response,Barilaro replied:“That’s a hard question because my relationships are with my family.”

The questioning went no further,but it was clearly a parting shot from Berejiklian.

Maguire will appear before ICAC on Thursday for the first time since Berejiklian publicly revealed their relationship. Berejiklian,who strenuously denies any wrongdoing,will follow as a former premier who had no option but to resign after she was named as the main protagonist in the ICAC’s latest inquiry. Bombshells will be expected.

However,the effectiveness and function of the state’s corruption watchdog should not be measured by sensational evidence. Accountability,transparency and confidence in elected officials matters far more than shock revelations worthy of a blockbuster.

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Alexandra Smith is the State Political Editor of The Sydney Morning Herald.

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