The NSW corruption commission has been criticised over its court dealings with former Labor minister Ian Macdonald and accused of incorrectly initiated proceedings.
In what could be another potentially embarrassing issue for the corruption watchdog, Macdonald's barrister Phillip Boulten SC has made an application for costs, saying the charges of misconduct in public office against his client should never have been lodged by the ICAC.
"They're not a police force and they're not a prosecuting agency," he told Downing Centre Local Court.
He said the ICAC Act didn't allow its officers to commence proceedings.
But crown solicitor Adrian Walkowiak said ICAC officials did have that authority under common law.
"The commencement of proceedings was valid," he said.
The Director of Public Prosecutions took over the prosecution instituted by the ICAC at the first mention in the local court in December last year.
Whether or not Macdonald is successful in the costs application listed, he still faces prosecution by the DPP.
The matter is currently listed in the District Court and expected to go to the Supreme Court next month.
Macdonald was charged with misconduct in public office following an ICAC inquiry which examined his alleged handling of a lucrative mining licence at Doyles Creek in the Hunter Valley.
Speaking to reporters, Macdonald said now he is before the courts he will "finally get some natural justice".
"I am completely innocent of these charges," he said.
It comes after the ICAC on Wednesday suffered a setback in the High Court, which released a finding preventing it from going ahead with an investigation into top NSW prosecutor Margaret Cunneen SC.
The High Court found the watchdog didn't have the power to hold public hearings into claims she perverted the course of justice.
Ms Cunneen denies any wrongdoing.
Macdonald's matter will return to court on May 15.
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