Ian Macdonald | |
---|---|
Member of Legislative Council of New South Wales | |
In office 19 March 1988 –7 June 2010 | |
Succeeded by | Luke Foley |
Minister for Primary Industries | |
In office 3 May 2004 –17 November 2009 | |
Preceded by | Tony Kelly |
Succeeded by | Steve Whan |
Minister for State and Regional Development | |
In office 2 April 2007 –5 June 2010 | |
Preceded by | David Campbell |
Succeeded by | Eric Roozendaal |
Minister for Major Events | |
In office 11 March 2010 –5 June 2010 | |
Succeeded by | Kevin Greene |
Minister for Mineral and Forest Resources | |
In office 3 August 2005 –5 June 2010 | |
Preceded by | Tony Kelly |
Succeeded by | Paul McLeay |
Personal details | |
Born | Ian Michael Macdonald 7 March 1949 |
Political party | Labor Party (1972–2013) [1] |
Spouse | Anita Gylseth [2] |
Alma mater | La Trobe University |
Ian Michael Macdonald (born 7 March 1949) is a former Australian politician and currently undergoing court proceedings and was a member of the New South Wales Legislative Council from 1988 to 2010 representing the Labor Party. Between 2003 and 2010,Macdonald held a range of ministerial responsibilities in the Carr,Iemma,Rees,and Keneally ministries. [3] Macdonald,who joined the Labor Party in 1972,had his membership of the party terminated in 2013 for bringing the party into disrepute. [1]
After the Independent Commission Against Corruption found that he acted in a corrupt manner, [4] Macdonald was charged with the offence of misconduct in public office for corruptly issuing lucrative mining licences at Doyles Creek in the Hunter Valley, [5] [6] found guilty by a Supreme Court jury in March 2017, [7] and sentenced in June 2017 for a period of ten years,with a minimum custodial period of seven years. [8] [9] [10] Macdonald appealed against the verdict and,on 25 February 2019,his conviction was quashed by the NSW Court of Criminal Appeal who ordered a retrial. He was granted bail and released from custody on the same day. [2] [11] [12] In July 2021 Macdonald was found guilty of misconduct in public office on separate charges relating to the granting of a lucrative coal-exploration licence over Cherrydale Park,in the Bylong Valley,owned by the family of Eddie Obeid. [13] [14] [15]
Raised as one of five children by his mother in a single parent household, [16] Macdonald graduated from La Trobe University with a Bachelor of Arts (Honours) in history and worked for the Australian Council of Overseas Aid,and a range of Commonwealth and State government agencies before his election to parliament in 1988. [3]
At the time of entering Parliament,he was a farmer near Carcoar in the Central West of New South Wales. [17]
Elected to the Legislative Council in 1988,Macdonald was appointed Minister for Agriculture and Fisheries in 2003 and then the Primary Industries portfolio and a range of other portfolios in the first and second Iemma and Rees ministries including Natural Resources,Mineral Resources,State Development,and Energy. However,granted extraordinary powers by Labor State Conference on 17 November 2009,Rees sacked Macdonald (along with others) from the ministry because of Macdonald's efforts to destabilise Rees in his position. [18] [19]
Macdonald then played a large part in the sacking of Rees in favour of Keneally.[ citation needed ] Macdonald was previously a member of the New South Wales Socialist Left faction,but was formally expelled in December 2009 for his role in Rees's downfall.[ citation needed ] Keneally restored Macdonald to the ministry following her election as Premier,making him the Minister for Major Events,Mineral and Forest Resources,State and Regional Development and Central Coast.
Macdonald was plagued by scandal surrounding a trip to Dubai made in 2008,which led him to resign from the ministry on 4 June 2010 [20] on the same day as the resignation of Minister Graham West. Macdonald's Dubai trip was investigated by the Independent Commission Against Corruption (ICAC) after a government report found he misused public funds. [21]
On 7 June 2010 Macdonald resigned from parliament with immediate effect. [22] [23] He was replaced by Luke Foley,the Assistant General Secretary of the New South Wales Labor Party. [24]
In July 2012 Macdonald was suspended by the Australian Labor Party for "conduct contrary to the principles of the party". [25] His membership was subsequently terminated in mid-2013 for bringing the party in disrepute. [1]
In November 2011 the ICAC commenced an inquiry that heard allegations that Macdonald,while Minister,accepted sexual favours in return for introducing businessman to executives of state-owned energy companies. It was also alleged that property developer Ron Medich acted as a broker for Macdonald and was seeking to do business with government agencies where Macdonald had influence as a Minister. [26] Appearing before the Commission to give evidence in relation to the allegations,Macdonald claimed that he was under the influence of alcohol and suffering the effects of depression at the time of the alleged incident. [27]
In November 2012,the ICAC began a series of investigative hearings relating to Macdonald and the property and mining interests of Eddie Obeid,a former Labor minister and "power broker". [28] This inquiry concerned,among other issues,the circumstances surrounding a decision made in 2008 by Macdonald as the Minister for Primary Industries and Minister for Mineral Resources,to open a mining area in the Bylong Valley for coal exploration. These circumstances include whether Macdonald's decision was influenced by Obeid. [29] The witnesses list for the inquiry included former NSW Premiers Morris Iemma and Nathan Rees. [30] [31]
On 31 July 2013 the Commission found that Macdonald engaged in corrupt conduct by exercising his ministerial influence to arrange a meeting between Ron Medich and Country Energy managing director Craig Murray on 15 July 2009,and,prior to the meeting,by soliciting the services of a woman as a reward for arranging the meeting. [32] The Commission also found that Macdonald acted contrary to his public duty as a minister of the Crown by arranging for the creation of the Mount Penny tenement to benefit members of the Obeid family,and that he acted contrary to his public duty as a minister of the Crown by providing members of the Obeid family with confidential information that was to their benefit. Further,the Commission found that Macdonald acted corruptly by deciding to reopen the expressions of interest process for mining exploration licences in order to favour Travers Duncan,and by providing him with confidential information. [33] The Commission recommended that the above matters be referred to the Director of Public Prosecutions (DPP) with respect to prosecuting Macdonald. [34] [35] [36] On reviewing the evidence before the Commission of the financial benefits accrued to the Obeid family,the ICAC provided relevant information to the NSW Crime Commission for such action as it deems appropriate,and the ICAC also disseminated relevant information to the Australian Taxation Office for appropriate action. [33] Macdonald vowed to launch a court challenge against the corruption findings made against him by the Independent Commission Against Corruption. [37]
One month later,the ICAC made further findings that Macdonald engaged in corrupt conduct by acting contrary to his duty as a minister of the Crown in granting consent to Doyles Creek Mining Pty Ltd to apply for a coal exploration licence at Doyles Creek and by granting the exploration licence to the company,both grants being substantially for the purpose of benefiting John Maitland,a former official of the Construction,Forestry,Mining and Energy Union. The Commission found that,but for that purpose,Macdonald would not have made those grants. [4] [38] In January 2014,the Premier,Barry O'Farrell,announced that the Liberal/National government would introduce legislation into Parliament to cancel the exploration licences for Doyles Creek,Mount Penny and Glendon Brook. [39] [40] The Commission also made findings of corrupt conduct by Obeid and his son,Moses Obeid,John Maitland,and others. [4] [41]
Ian Macdonald | |
---|---|
Criminal status | In prison |
Conviction(s) | Conspiracy (July 2021) |
Criminal penalty | 9 years and 6 months (5 years,3 months non-parole period) |
Partner(s) | Eddie Obeid;Moses Obeid |
Imprisoned at | Lithgow Correctional Centre |
Notes | |
In November 2014 the ICAC announced that Macdonald will be prosecuted by the DPP for the offence of misconduct in public office for corruptly issuing of lucrative mining licences at Doyles Creek in the Hunter Valley. [5] [6] Macdonald was also prosecuted "for two counts of being an accessory before the fact to misconduct in public office,in relation to aiding,abetting,counselling and procuring the commission of the two offences by Mr Macdonald";and for giving false and misleading evidence to the ICAC. [5]
In December 2015,the Supreme Court heard that Macdonald was unable to secure Legal Aid funding to pay for legal representation in his criminal trial. The Judge commented that a Dietrich application was a "potential collateral challenge to the trial date." [44] It was estimated that Macdonald's defence legal costs would be between A$250,000 and A$1.5 million. [45] In March 2017 a criminal trial before a Supreme Court jury found that Macdonald was guilty of misconduct in public office. [7] Sentenced on 2 June,Macdonald is serving a ten-year sentence,of which seven years were without parole. [8] [9] [10] Immediately following his sentencing,Macdonald's lawyers advised that he would appeal against his conviction. The NSW Court of Criminal Appeal handed down its findings on 25 February 2019 and quashed Macdonald and Maitland's convictions,ordering a retrial. Both men were released from custody on the same day and granted bail. In handing down its findings the Court found that: [2] [11] [12]
.... [trial judge — Justice Christine Adamson] "misdirected" the jurors about the state of mind needed to be found guilty of wilful misconduct in public office. It follows, in our opinion, with the greatest respect to the trial judge, that the jury was not properly directed on the mental element of the offence.
— New South Wales Court of Criminal Appeal judgement, February 2019.
Prior to his sentencing, the NSW Parliament passed legislation to remove parliamentary pensions from former politicians convicted of serious criminal offences. [46]
In late May 2017 Macdonald was also committed to stand trial on conspiracy charges with Obeid, and his son, Moses Obeid, relating to Macdonald's granting of a coal exploration licence involving the Mount Penny tenement; [8] [9] due to commence in March 2019. [47] All three were tried before Justice Elizabeth Fullerton, and the trial commenced in early 2020 and concluded in February 2021. None of the accused gave evidence at their trial. Justice Fullerton handed down her verdict on 19 July, finding all three guilty. [13] [14] [15] On 21 October, Macdonald was sentenced to nine years and six months, with a non-parole period of five years and three months, over his part in the conspiracy to gain a mining lease over the Obeid’s family farm at Bylong. [42] [43] Macdonald, together with Obeid, have lodged an appeal against their conviction, claiming that Justice Fullerton made a number of errors of fact and reasoning when she found them guilty. Despite applying for bail, Macdonald is in custody with the appeal expected to be heard in September 2022, [48] later delayed to April 2023. [49]
The Independent Commission Against Corruption (ICAC) is an integrity agency of the Government of New South Wales responsible for eliminating and investigating corrupt activities and enhancing the integrity of the state's public administration. The commission was established in 1989, pursuant to the Independent Commission Against Corruption Act, 1988 (NSW), modeled after the ICAC in Hong Kong.
Morris Iemma is a former Australian politician who was the 40th Premier of New South Wales. He served from 3 August 2005 to 5 September 2008. From Sydney, Iemma attended the University of Sydney and the University of Technology, Sydney. A member of the Labor Party, he was first elected to the Parliament of New South Wales at the 1991 state election, having previously worked as a trade union official. From 1999, Iemma was a minister in the third and fourth ministries led by Bob Carr. He replaced Carr as premier and Leader of the New South Wales Labor Party in 2005, following Carr's resignation. Iemma led Labor to victory at the 2007 state election, albeit with a slightly reduced majority. He resigned as premier in 2008, after losing the support of caucus, and left parliament shortly after, triggering a by-election. He was replaced as premier by Nathan Rees.
Joseph Guerino Tripodi is a former Australian politician. He was a member of the New South Wales Legislative Assembly representing the electorate of Fairfield for the Labor Party between 1995 and 2011. He was Minister for Finance, Infrastructure, Regulatory Reform, Ports and Waterways under former Premier Nathan Rees. He was a controversial figure during his time in politics, known as a factional boss, within the NSW Labor Right whose Terrigals sub-faction has twice dumped the sitting Labor Premier during 2007 and 2009. On 11 November 2010, he announced his decision to not contest the 2011 state election.
Eric Michael Roozendaal, a former Australian politician, was a member of the New South Wales Legislative Council, serving between 2004 and 2013. He is a former General Secretary of the Labor Party. Roozendaal was the Treasurer of New South Wales, Minister of State and Regional Development, Minister of Ports and Waterways, Minister for the Illawarra, and Special Minister of State in the Rees and Keneally governments.
Kristina Marie Kerscher Keneally is an American-born Australian politician who served as the first female Premier of New South Wales from 2009 to 2011 and was later a Labor Senator for New South Wales from February 2018 until April 2022. She resigned from the Senate to contest the House of Representatives seat of Fowler, but was unsuccessful. From 2019 to 2022 she served as Deputy Leader of the Opposition in the Senate, Shadow Minister for Home Affairs, and Shadow Minister for Immigration and Citizenship.
Karyn Lesley Paluzzano is a former Australian politician. She was a Labor Party Member of the New South Wales Legislative Assembly from 2003 to 2010, representing the electorate of Penrith. In September 2012 Paluzzano was sentenced to twelve months' home detention following a guilty plea for falsely claiming parliamentary allowances, as well as giving false and misleading evidence to an anti-corruption inquiry.
Gladys Berejiklian is an Australian businesswoman and former politician who served as the 45th premier of New South Wales and the leader of the New South Wales division of the Liberal Party from 2017 to 2021. Berejiklian currently works as an executive for the telecommunications company Optus.
John Hatzistergos is an Australian jurist and former politician who has served as a judge of the District Court of New South Wales since 16 October 2014 and Chief Commissioner of the New South Wales Independent Commission Against Corruption (ICAC) since 7 August 2022. He was previously a member of the New South Wales Legislative Council representing the Labor Party between 1999 and 2011, and a minister in various Labor governments.
Anthony Bernard Kelly is an Australian former politician, who was a member of the New South Wales Legislative Council representing the Australian Labor Party from 1997 until 2011.
Edward Moses Obeid is a retired Australian politician and convicted criminal, who served as a member of the New South Wales Legislative Council between 1991 and 2011, representing the Labor Party. He was the Minister for Fisheries and the Minister for Mineral Resources from 1999–2003. Prior to the March 2015 expiry of his term in the Legislative Council, Obeid announced his decision to retire early on 10 May 2011, citing family reasons.
Michael Joseph Gallacher, an Australian politician, was the Minister for Police and Emergency Services and Vice-President of the Executive Council in the O'Farrell government and Baird government from 2011 to 2014; the Minister for the Central Coast from December 2013 to May 2014; and the Minister for Industrial Relations in the Baird government from April to May 2014. Gallacher has been a member of the New South Wales Legislative Council since 1996. He was the Minister for the Hunter between 2011 and 2014.
Nathan Rees is an Australian former politician who served as the 41st Premier of New South Wales and parliamentary leader of the New South Wales Labor Party from September 2008 to December 2009. Rees was a Member of the New South Wales Legislative Assembly representing Toongabbie for Labor from 2007 to 2015.
The New South Wales Labor Party, officially known as the Australian Labor Party (New South Wales Branch) and commonly referred to simply as NSW Labor, is the New South Wales branch of the Australian Labor Party (ALP). The branch is the current ruling party in the state of New South Wales and is led by Chris Minns, who has served concurrently as premier of New South Wales since 2023.
Paul Thomas Francis O'Grady was an Australian politician. He was a Labor member of the New South Wales Legislative Council from 1988 to 1996 and was the first openly gay member of the New South Wales Parliament.
Anthony John Sidoti is an independent Australian politician who was a member of the New South Wales Legislative Assembly representing Drummoyne since 2011. He was a member of the Liberal Party, but moved to the crossbench as an independent in March 2021, following the announcement of a public inquiry into his property dealings by the Independent Commission Against Corruption (ICAC).
Corruption can take many forms, and can distort how public policy is made or implemented. This article discusses the responsibilities of the various agencies involved in combating corruption in Australia. Australia became a signatory to the United Nations Convention against Corruption in 2005. While Australia is a wealthy democracy, over the decade since 2012, Australia's ranking in the Corruption Perceptions Index from Transparency International has slipped from 7th place in 2012 to 14th in 2023, where the country ranked first is perceived to have the most honest public sector. Additionally, there is a public perception that corruption in Australia is increasing. All states have broad-based anti-corruption agencies, and a national anti-corruption commission has been operational since July 2023.
Kathryn Anne McClymont is a journalist who writes for The Sydney Morning Herald. Notable for exposing corruption in politics, trade unions, sport, and horse racing, she has received death threats because of her exposés. She has won many awards for her reporting, including the 2002 Gold Walkley Award for her work on the Canterbury Bulldogs salary cap breaches. She is best known for her series of articles and book about New South Wales Labor Party politician Eddie Obeid.
Christine Elizabeth Adamson is an Australian judge. She has been a Judge of the Supreme Court of New South Wales since October 2011.
Ronald Edward Medich is an Australian property developer who, on 23 April 2018, was found guilty in the Supreme Court of New South Wales of ordering the 2009 contract murder of Scottish Australian businessman Michael McGurk, and the subsequent intimidation of McGurk's wife, Kimberly. Medich is currently serving a 39-year sentence; and the earliest date he will be eligible for parole is 26 February 2048.