A former NSW Supreme Court judge has criticised the state's anti-corruption commission, saying there is "no justification" for the delay in finalising its investigation into former premier Gladys Berejiklian.
Anthony Whealy KC said it was "entirely unfair" for Ms Berejiklian and her former secret boyfriend, ex-Wagga Wagga MP Daryl Maguire, to have the investigation which began public hearings in September 2020, "hanging over their heads".
"I think the Commissioner who's been appointed to oversee the report must bear the blame for the report not having being finalised," he said.
"All of us, whether we're judges or tribunal members, are entrusted with the task of writing decisions … the person who is entrusted with doing it must move promptly."
The Independent Commission Against Corruption (ICAC) yesterday revealed it was unlikely to release the findings of Operation Keppel before the March election.
In a statement, the ICAC said "substantial" parts of the report had been drafted but it was not likely to be finalised until the second quarter of 2023.
"The Hon Ruth McColl AO SC is continuing her work in relation to the Operation Keppel report," the ICAC said.
"It must be recognised that the report contains complex matters of law and fact, two public inquiries which proceeded over 30 days, over 2,800 pages of transcripts, 516 exhibits comprising approximately 10,600 pages and 857 pages of submissions.
"It is necessary that the issues relevant to the investigation are addressed carefully."
But Mr Whealy, who is a former assistant commissioner to the ICAC, said Operation Keppel was not a particularly complex investigation.
"The facts involved concerning the former premier and Mr Maguire are not in dispute," he said.
"It's not a case where there's hundreds of witnesses going one way and hundreds of witnesses going the other, in which you've got to try and dig out the truth.
"Surely after 18 months it must be possible to say these are the facts, this is the law and the outcome is X or Y — that is not difficult."
Operation Keppel is investigating allegations Mr Maguire engaged in conduct that involved a breach of public trust between 2012 and 2018 and probed allegations he was involved in a "cash-for-visas" scheme.
The former Liberal MP for Wagga Wagga was revealed as Ms Berejiklian's secret boyfriend during public hearings in 2020.
Ms Berejiklian initially appeared as a witness in the investigation but resigned as premier in October 2021 when it emerged she was also under investigation for engaging in conduct that may have breached public trust.
The ICAC also examined whether there was a conflict of interest between Ms Berejiklian's public duties and private interests while she was in a relationship with Mr Maguire.
Ms Berejiklian told the inquiry she denied any wrongdoing in connection with Mr Maguire during their five-year relationship.
Deputy Premier Paul Toole today said he wanted the investigation finalised as quickly as possible, but stressed the process should remain independent.
"At the end of the day ICAC is an independent body, they are the ones who are undertaking the investigation, and it is ICAC who will release the report once they have done all of the work that is required," he said.
Labor Opposition leader Chris Minns agreed.
"I don't know the circumstances in relation to why there's been a delay so I'm reluctant to speculate in relation to that, so I'm inclined to let that independent authority do their job," he said.
