Corruption findings against four businessmen will be set aside in the wake of the high court decision which limited the scope of the Independent Commission Against Corruption (Icac) in New South Wales.
Icac has confirmed it will consent to setting aside corruption findings made last year against Travers Duncan, John McGuigan, Richard Poole and John Atkinson after the men sought the orders in the NSW court of appeal.
The nullifying of the corruption findings is a direct consequence of the high court decision last week , in a case taken by crown prosecutor Margaret Cunneen, that found the definition of corrupt conduct Icac could investigate did not extend to a private citizen influencing public officials in certain circumstances.
After the decision each of the men told Icac they would apply to the court for the orders for the corruption findings to be set aside arguing they were made without, and in excess, of the commission’s jurisdiction and are a nullity.
“On the basis of its legal advice and in light of the high court decision, the commission accepts that it has no arguable basis or option to resist the orders sought,” a statement from Icac released on Thursday afternoon said.
“It will therefore consent to orders setting aside the corrupt conduct findings made against Messrs Duncan, McGuigan, Poole and Atkinson.”
McGuigan said he wanted the court of appeal to meet as soon as possible to ratify the setting aside of the corruption findings.
“Icac today has made it clear that the findings against the Cascade directors were made without legal foundation and were beyond the power of Icac,” he said in a statement to the Australian.
“We will be seeking to have the matter listed before the court of appeal as a priority so that court can declare the corrupt findings invalid.”
Cascade Coal is also taking legal action against Icac in a separate case to attempt to have laws made by the NSW parliament revoking its licences declared invalid.
Icac said it did not believe the high court decision was relevant to those appeal proceedings.
The commission is also facing audits of its other investigations to ensure they are not “trivial” after the high court found it only had the power to investigate instances of corruption when it directly affected the actions of a public official.
Icac has already delayed the release of reports into two other investigations because of the high court decision.
The reports, Operation Spicer and Operation Credo – the former into alleged corrupt developer donations to the NSW Liberal party and the latter into Australian Water Holdings – were originally supposed to be handed down before the 28 March election but a date for the publication is yet to be set.
Operation Spicer examined allegations the NSW Liberal party accepted illegal donations from developers and implicated eight Liberal party MPs who moved to the crossbench. Six of them resigned before the state election.
The then NSW premier Barry O’Farrell resigned after it was revealed at an Operation Spicer hearing that he had not declared a $3,000 bottle of 1959 Grange given to him by developer Nick Di Girolamo in 2011.
Politicians from both the Liberal and Labor parties were embroiled in the allegations in Operation Credo which centred around Australian Water Holdings. Icac heard various people in the NSW government lobbied for the company to be awarded a state government contract worth millions .
