ICAC ‘clearly made a terrible mess of things’ in deal to bin corruption report: Legal expert | NT Independent

ICAC ‘clearly made a terrible mess of things’ in deal to bin corruption report: Legal expert

by | Jul 20, 2022 | News, NT Politics | 0 comments

The NT’s Independent Commissioner Against Corruption Michael Riches has acted like an “amateur” and made a “terrible mess” with his deal not to republish the corruption report into the NT Government’s grant of $12 million to the Darwin Turf Club, a national legal expert has said.

Mr Riches announced on Tuesday that he would not republish the grandstand report that found “corruption, misconduct, breaches of public trust and mismanagement of public resources” but has not said what that actually means for the report’s damning findings or the people implicated.

Mr Riches said he had made the decision not to republish because of the recent court ruling of Judge Judith Kelly who ruled the Office of the ICAC did not provide procedural fairness to former Turf Club board member Damien Moriarty – who played a small role in the grandstand debacle.

However, the NT Independent understands the “decision” to not republish was part of a deal with lawyers to get other ongoing legal action discontinued.

Rule of Law Institute vice president Chris Merritt told ABC Radio on Wednesday that Mr Riches’s decision to not republish the report without explaining what it means for the corruption and misconduct findings was “amateurish” and a mess.

“Those findings have not been withdrawn, they’re simply not going to be republished” he said.

“It’s a complete and utter mess for this reason. They [Mr Moriarty’s legal team] did not succeed in striking down findings against him personally. Those findings therefore remain on foot.

“So what we’ve got now is the worst of all possible outcomes. So, what are the outstanding findings against Mr Moriarty – have they been withdrawn? They should be.”

Mr Riches has refused to respond to questions about his backroom deal not to republish the report. He said in a statement on Tuesday that defending the report against legal action had become an “unfortunate distraction”.

It’s understood Mr Riches made the deal to not republish with former Turf Club chair Brett Dixon’s lawyers in exchange for Mr Dixon, his business partner Matthew Moss and the Turf Club itself dropping their ongoing legal challenges against the ICAC.

Mr Merritt said the Office of the ICAC’s handling of the entire grandstand matter has been a “complete hash” and that the ICAC should know better than to make deals with parties.

“It’s amateurish, the way it’s been conducted,” he said. “Not just by Mr Fleming, but I think it’s been conducted by the current commissioner as if it was a simple matter of civil litigation between parties in a civil dispute.

“It’s not. This is an agency of the Northern Territory Government that’s clearly made a terrible mess of things and simply deciding not to republish a report, even though there are adverse findings that have been upheld by the Supreme Court – it just beggars belief.

“I think the cleanest outcome would simply be to withdraw the findings and apologize for the complete mess that’s been made of this.”

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