An Inevitable Conclusion !

Megan Latham, the sitting head of the Independent Commission Against Corruption  ( ICAC ) has fallen on her sword - and resigned.  That was an inevitable outcome set in place many months ago when ICAC chose to ignore a ruling by the High Court of Australia, the supreme legal body of this country.

ICAC commenced an investigation of Margaret Cunneen, one of New South Wale's top prosecutors on the grounds that her advice to her son's girlfriend to claim chest pains to delay a breath test after an accident to a vehicle she was driving was a form of corruption.  The full resources of ICAC were deployed.  Phones were tapped.and items seized.   It began to take the shape of a personal vendetta.

Margaret Cunneen took the matter to the High Court and challenged the ICAC's jurisdiction to investigate her.  The High Court narrowed the interpretation of "corrupt conduct "under the ICAC act. Consequently the NSW Solicitor General advised that she should not face charges over material referred to the ICAC.

This was ignored.  The only conclusion that continued investigation of Margaret Cunneen delivered was that ICAC considered itself superior to the highest judicial body in Australia, and as a state body that was both an impertinence and legally indefensible.   The only question was precisely how ICAC would be disciplined.

An ICAC Commissioner has similar tenure to a judge.  Dismissal requires this to be done by the New South Wales Governor on "the address of both houses of parliament ".  The government needs to introduce a motion and have it passed by the upper and lower houses.   The NSW government decided to taske a very different approach.

The government decided to "reform "the structure of ICAC by abolishing Megan Lathams position in favour of creating a "troika " of three commissioners.  Megan Latham would be invited to apply for one of these positions.  Basically, it skirted the area of removing a Commissioner in favor of "restructuring " ICAC in a wider governing mode.

This move will bring a degree of political posturing.  It will be claimed that the present government is ensuring that ICAC will  hesitate to investigate members of whichever party is in power in this state. In the past, the body has unseated two premiers and several ministers and uncovered evidence of illegal donations to party funds that have been damaging.

At the same time, the business community has been critical of ICAC motives in conducting its investigations.  It has similar powers to a Royal Commission and it's investigative techniques have been described as similar to "pulling the wings off butterflies ".    Often the line of questioning has little direct relation to the matter under investigation.

If nothing else, this will deliver an unmistakable message in legal circles that the "pecking order "  must be retained.    The High Court is at the top of the legal pyramid and its rulings can not be challenged !