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ICAC permanently removes controversial Darwin Turf Club report, as legal action against the office is withdrawn

The Darwin Turf Club's grandstand at the Fannie Bay racecourse was controversially built with $12 million of public money. (ABC News: Che Chorley)

One of the most significant findings made by the Northern Territory's anti-corruption watchdog has been wiped from the office's website, amid a series of Supreme Court claims.

The Northern Territory's Independent Commissioner Against Corruption (ICAC) has permanently removed a controversial report from his website, which made findings of "improper conduct" against a handful of people related to the Darwin Turf Club.

The decision comes after Supreme Court Justice Judith Kelly found the ICAC failed to offer procedural fairness to one of the people named in the report and required the commissioner to remove certain parts.

However, current Commissioner Michael Riches said he had since decided not to re-publish the report at all, effectively putting an end to three other cases against him in relation to the report.

In 2021, after a year-long investigation into a $12 million dollar government grant for a new grandstand at the Darwin Turf Club, former commissioner Ken Fleming QC released a major corruption report which alleged the club and five individuals had engaged in "improper conduct".

Ken Fleming was the commissioner of the NT ICAC from July 2018 to July 2021.  (ABC News: Alan Dowler)

Several individuals and the turf club later took the ICAC to court, launching judicial review proceedings and seeking to have the findings quashed.

Mr Riches said those proceedings had now been withdrawn.

"Mr Brett Dixon and Mr Matthew Moss, and the Darwin Turf Club, have discontinued judicial review proceedings they commenced against me," Mr Riches said.

Michael Riches took over as the NT's ICAC boss in July last year. (Supplied: Office of the Independent Commissioner Against Corruption)

In a statement Brett Dixon said the withdrawal of the ICAC report brought to an end a "distressing chapter" for him and his family as well as the turf club.

He said he hoped the commission's handling of his case would be examined as the NT parliament continues a review of the ICAC's supporting legislation.

"What happened to me and other volunteers of a non-government organisation should sound a stark warning as to the risks of reposing extraordinary powers in so-called independent corruption agencies," he said.

Court finds procedural fairness not offered

Damien Moriarty, who was found by the ICAC to have allegedly engaged in misconduct, unsatisfactory conduct, and a breach of public trust was the first to have his case against the commissioner heard in full.

Justice Judith Kelly last month ruled Mr Moriarty was not afforded procedural fairness in relation to findings made against the turf club, of which he was a board member.

She found he was only given an opportunity to respond to the findings made against him personally, rather than the club as a whole. 

Justice Kelly also found the other board members were offered an opportunity to respond to the findings against them, but were instructed not to discuss the matter with Mr Moriarty.

At the time, Mr Riches said the content of the report would be "reviewed" in light of Justice Kelly's judgement.

He did not respond to questions about what that review had found.

"I have previously commented on certain aspects of the Turf Club investigation in the public domain," Mr Riches said.

"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."

The turf club report was one of the most significant findings made by former commissioner Fleming.

Mr Riches said the decision not to republish the findings would "put an end to contests which have been an unfortunate distraction to the important work of my office."

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