Margaret Cunneen: High Court to rule whether ICAC can investigate NSW prosecutor
The High Court has begun a hearing into whether NSW's anti-corruption commission has the power to investigate allegations prosecutor Margaret Cunneen tried to pervert the course of justice.
ICAC believes its powers, current inquiries and many past findings are under threat after Ms Cunneen successfully blocked its plans to investigate the claims.
Ms Cunneen has been accused of advising her son's girlfriend to feign chest pains to avoid a breath test after a car accident in May last year.
Ms Cunneen has denied the claims and said ICAC did not have the jurisdiction to investigate such allegations.
The NSW Court of Appeal agreed, prompting today's hearing in the High Court.
Submissions by ICAC lawyers to the court claim the case has the potential to seriously curtail its work.
ICAC said reports on current high-profile inquires into the Obeid-related Australian Water Holdings and NSW Liberal Party had been deferred until the case was resolved.
The submissions to the High Court also suggest 26 past findings of corruption by ICAC may now be in doubt.
"The Commission is charged with an important role in promoting the integrity and accountability of public administration in New South Wales," ICAC's submission read.
"It is of public importance for this court to resolve authoritatively which of the divergent views expressed below, as to the scope of that important role, is correct."
But lawyers for Ms Cunneen disagreed there would be wider implications.
They have quoted the purpose set out in the Act, for the Commission to direct its attention to serious or systemic corruption.
"The interpretation contended for by the applicant goes far beyond the concept of corruption contemplated by the objects of the Act," Ms Cunneen's lawyers said in their submission.
"There is no allegation that the first respondent [Ms Cunneen] misused her public office .... or that she attempted to exercise her public functions to influence any person at the scene of the accident.
"There is simply nothing in the allegations that demonstrates the adverse affectation required to enable ICAC to take jurisdiction."
The case is continuing.
