The former NSW premier will ask the Court of Appeal to overturn a serious corrupt conduct finding made against her by the ICAC in June.
Berejiklian and her former partner, the former Wagga Wagga Liberal MP Daryl Maguire, had both engaged in serious corrupt conduct.if it considers the conduct in question is “serious corrupt conduct”.
The ICAC found both of these cases amounted to serious corrupt conduct, but were not “so serious as to merit criminal punishment”, which is an element of the criminal offence of misconduct in public office. However, the ICAC said it accepted submissions by Berejiklian’s legal team that obstacles to a prosecution for the criminal offence of misconduct in public office “would be so formidable as to make it reasonably clear that any advice from the DPP ... would be to the effect that no prosecution would be commenced”.
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