Gladys Berejiklian, ICAC: Lawyer fumes over delay to evidence

Gladys Berejiklian, ICAC: Lawyer fumes over delay to evidence
Gladys Berejiklian, ICAC: Lawyer fumes over delay to evidence

Gladys Berejiklian's legal team is not happy the start of her evidence to a corruption inquiry has been delayed by 24 hours. 

Sophie Callan, a barrister representing the former NSW premier, has become increasingly combative as the Independent Commission Against Corruption investigation entered its second week of testimony.

Ms Berejiklian was due to front the ICAC probe into her on Thursday, but this has been delayed to Friday due to 'investigative reasons'.

Ms Callan said she is seeking procedural fairness regarding the inquiry into whether or not Ms Berejiklian complied with a legal duty to report suspected corruption to the watchdog.

The former premier was in a secret relationship with disgraced Liberal MP Daryl Maguire between 2015 and 2018. 

Former NSW premier Gladys Berejiklian's evidence to ICAC has been delayed by a day due to 'investigative reasons'

Former NSW premier Gladys Berejiklian's evidence to ICAC has been delayed by a day due to 'investigative reasons'

Section 11 of the ICAC Act states that a NSW government minister and other public officials have a duty to report any matter the person suspects on reasonable grounds concerns or may concern corrupt conduct.

Ms Callan said Ms Berejiklian's lawyers wrote to the ICAC asking for further information about this but had received a 'wholly unsatisfactory' response.

She said Ms Berejiklian was 'entitled to know what it is that is alleged in respect of section 11'.

Sophie Callan, SC (pictured) is representing Gladys Berejiklian at the ICAC

Sophie Callan, SC (pictured) is representing Gladys Berejiklian at the ICAC

In reply, ICAC counsel Scott Robertson said 'these proceedings are not a trial' and the correspondence contained a 'fundamental misapprehension' about ICAC's role, which is that it was seeking to find the truth and was not a prosecutorial body. 

Ms Callan added that the watchdog had received evidence from 'seven men' to date about whether Ms Berejiklian was in a position of conflict in light of her secret relationship with Mr Maguire.

She indicated Ms Berejiklian's team would argue this evidence could not 'rationally bear' on ICAC Assistant Commissioner Ruth McColl's assessment as to whether a conflict of interest in fact existed. 

ICAC witness list 

Wednesday 27 - Gary Barnes, secretary of the Department of Regional NSW

Thursday 28 - Daryl Maguire, former Liberal MP

Friday 29 - Gladys Berejiklian, former premier of NSW

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Ms McColl, who is presiding over the inquiry, did not accept that ICAC needed to change the course its inquiry was taking. 

The ICAC is, in part, investigating if Ms Berejiklian engaged in conduct 'liable to allow or encourage the occurrence of corrupt conduct' by former Liberal MP Daryl Maguire, with whom she was in a secret relationship at the time. 

Mr Robertson said on Tuesday morning that evidence from Mr Maguire was being delayed by a day.

'I don't intend to call Mr Maguire tomorrow' due to 'investigative reasons,' Mr Robertson said. This pushed Mr Maguire's evidence to Thursday and Ms Berejiklian's to Friday with the likelihood she will have to return on Monday.  

Tuesday's ICAC proceedings started a half hour later than stated, probably due to legal discussions on what exactly 'investigative reasons' means.  

On Monday, Ms Berejiklian's former deputy premier John Barilaro said she should have disclosed her relationship with Mr Maguire, whom he referred to as a 'pain in the a**e'. 

Ms Callan, sought to turn the tables on Mr Barilaro, asking if he had disclosed relationships of his own.

Mr Barilaro said he 'would have' disclosed any relationships, including family links.

'What about any other intimate personal relationships?' Ms Callan asked.

'That's a hard question because my relationships are with my family,' Mr Barilaro said

Daily Mail Australia is not suggesting Mr Barilaro has done anything improper in his personal or professional lives.

Former NSW deputy premier John Barilaro gave evidence to the Independent Commission Against Corruption in Sydney

Former NSW deputy premier John Barilaro gave evidence to the Independent Commission Against Corruption in Sydney

On Tuesday, ICAC heard from three former advisers to Ms Berejiklian. 

Neil Harley, a former chief of staff, said he spoke with Ms Berejiklian about her relationship with Mr Maguire after she was summonsed to give evidence at a different ICAC investigation last year.

'It was a very difficult conversation for both of us,' he said, adding that the former premier is 'inherently a very private person'. 

'We didn't go into detail about when (the relationship with Mr Maguire) ... commenced and when it finished,' he said. 'We talked in broad terms about the nature of the relationship.' 

Another former chief of staff to Ms Berejiklian later told the ICAC that on Friday 13 July 2018 the then premier called her and told her 'she'd been close in the past with Mr Maguire'. 

Sarah Cruickshank said she thought the call was unusual as Mr Berejiklian was on leave at the time.

It was the day it was revealed that Mr Maguire was a person of interest to ICAC. 

Former NSW premier Gladys Berejiklian is expected to give evidence to ICAC on Friday

Former NSW premier Gladys Berejiklian is expected to give evidence to ICAC on Friday

Brad Burden, a former director of strategy to then-premier Ms Berejiklian, was asked if he would have done anything differently about a funding proposal favoured by Mr Maguire if he had known about his relationship with the former premier.

He said the thought 'advice would have been sought around any potential conflicts of interest and how to manage them'.  

Both Mr Burden and Mr Harley were adamant that Ms Berejiklain always behaved in a 'principled fashion' and was a 'stickler' for the rules.

She never treated Mr Maguire or his electorate any differently, they agreed under cross examination from Ms Callan. 'Categorically no,' Mr

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