No consequences: ICAC permanently kills Turf Club grandstand corruption report | NT Independent

No consequences: ICAC permanently kills Turf Club grandstand corruption report

by | Jul 15, 2022 | Business, News | 0 comments

Independent Commissioner Against Corruption Michael Riches has binned the largest and most critical report into corruption the office has ever completed, permanently removing the Darwin Turf Club grandstand report from public view.

Mr Riches, who temporarily removed the report last month following a judicial ruling around a former Turf Club board member, issued a statement this morning stating the report will not be republished, which will effectively end the other three court actions against the Office of the ICAC in relation to the report.

The NT Independent understands that settlements have either been made or are being made with parties currently seeking judicial reviews of the findings of misconduct and corruption made against them in the June 2021 report.

That includes former Turf Club chair Brett Dixon, his business partner at Jaytex Matthew Moss, and the Darwin Turf Club itself.

The settlements are understood to involve taxpayers now paying the legal fees of Mr Dixon, Mr Moss and the Turf Club for their judicial reviews. It does not however equate to a judicial exoneration of anyone found to have engaged in misconduct or corruption in the report.

Mr Riches refused to comment on what he intends to do about the findings of misconduct in the report into the government’s awarding of the $12 million grant to the Turf Club to build the grandstand which found the process involved “corruption, misconduct, breaches of public trust and mismanagement of public resources”, implicating senior public servants, local businessmen and Darwin Turf Club members.

Ken Fleming’s report also found failures in the senior ranks of the public service on all fronts, including a “duplicitous process” to secure the funding “that was utterly lacking in transparency”.

Despite recommendations for charges to be laid and other actions be taken, in more than a year nothing was ever actioned.

Mr Riches would not say if he intends to reinvestigate any of the people involved.

Mr Riches’s move to permanently kill the report follows Justice Judith Kelly’s decision relating to former Darwin Turf Club board member Damien Moriarty, who took legal action against former ICAC Ken Fleming for adverse findings published against him in the report.

Justice Kelly ruled last month that the Office of the ICAC did not provide Mr Moriarty with procedural fairness before publishing adverse findings that he breached the public trust over his role in the $12 million taxpayer-funded Darwin Turf Club grandstand and that the ICAC acted outside of his jurisdiction in making the findings.

The ruling meant Mr Moriarty’s name needed to be removed from the report, however Mr Riches has now determined that it is easier for his office to bin the report in its entirety so as to “put an end to contests which have been an unfortunate distraction to the important work of my office”.

“I have determined that I will not exercise the power to republish that Public Statement on the ICAC website,” Mr Riches said in the Tuesday statement.

“I do not intend to make any further comment on that investigative process, or the findings reached by my predecessor in his report and Public Statement. In deciding not to republish the Public Statement it should not be understood that I accept all of the criticisms made by parties about that Public Statement, or the findings made by the former Commissioner.”

ICAC output diminished by Riches, has cost taxpayers $23 million over last four years

Mr Riches assumed the role of ICAC last July. In more than a year, he has produced no public reports and has now reduced the output of the office.

In his “strategic plan 2022 to 2026”, Mr Riches pledged to complete 60 per cent of investigations within six months and 75 per cent of investigations within 12 months of commencement. It is unclear if he has lived up to this commitment as he has not made any findings public.

He also pledged to deliver a “general report” to Parliament twice a year – something which has also not been achieved.

The Office of the ICAC has cost Territorians an estimated $23 million since it started its official functions in November 2018.

 

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