WHERE THE ICAC STANDS AFTER THE HIGH COURT BACKED PROSECUTOR MARGARET CUNNEEN.
THE IMPACT
The corruption watchdog says the ruling significantly affects the scope of its power in investigating alleged corruption, including ongoing cases, as well as potentially affecting prosecutions. It also says the ruling would "severely restrict" its ability to release reports on Operations Spicer and Credo.
THE HIGH COURT DECISION EXPLAINED
The ICAC can investigate public officials and ordinary persons who "adversely affect" the work of public officials through bribery, fraud, offering secret commission or perverting the course of justice.
ICAC alleged Ms Cunneen perverted the course of justice by affecting a police officer's ability to carry out his duties by telling her son's girlfriend to feign chest pains to escape a breath test.
The High Court found "adversely affect" meant the officer's moral or ethical judgment needed to be affected, but ruled the policeman was not affected and had acted honestly.
This restricts ICAC's powers to investigate ordinary citizens for corruption and will affect some ICAC cases.
The dissenting High Court judge said the ICAC would now have no power to "investigate, expose, prevent or educate about state-wide endemic collusion among tenderers in tendering for government contracts".
DOES THIS AFFECT EDDIE OBEID'S CASE IN THE COURTS?
No.
This is because Obeid is being prosecuted for his role as a public official (Labor MP) in connection with Circular Quay leases.
WHAT DOES ICAC WANT NOW?
ICAC is now pressuring the Baird government to amend the ICAC Act. The watchdog wants to restore its powers to continue investigations and release the reports of Operations Spicer into NSW Liberal Party donations and Operation Credo into the Obeid-linked Australia Water Holdings.
WHAT HAS THE NSW GOVERNMENT SAID?
Premier Mike Baird: "The Government will consider the ICAC submission and make an announcement in due course".
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