Public Statement by the Independent Commissioner Against Corruption, Ken Fleming QC:
I have received a large number of media enquiries relating to claims that I failed to provide natural justice or procedural fairness to The Honourable Kezia Purick MLA. These claims were rejected in a public statement yesterday.
I have also been made aware of speculation surrounding the identity of a protected person who has cooperated with the ICAC to expose improper conduct. There is no evidence from the ICAC’s investigation that any unnamed MLA participated in the activity of the Speaker the subject of the Report. Any speculation to the contrary is wrong.
A person who exposes wrongdoing is vulnerable by virtue of the fact that they put themselves at risk of harm or retaliation.
Speculation regarding a protected person’s identify may cause harm to that person, compromise future ICAC investigations, and put that person at greater risk of retaliation.
It is an offence to engage in retaliation (Section 100 of the ICAC Act). A person engages in retaliation against another person if the person causes, or threatens to cause, harm to the victim because of protected action taken by the victim (Section 95 of the ICAC Act). A person who engages in retaliation is liable to pay an amount to the victim as compensation for the retaliation (Section 102 of the ICAC Act).
I appreciate the high degree of public interest in this matter and that the media is eager to seek my views. The public interest must be weighed against matters of law – including Ms Purick’s legal rights and privileges, the protection of witnesses, and consideration of my referral to the Legislative Assembly and the Director of Public Prosecutions.
I have considered these matters and I do not intend to provide further public comment on the Investigation Report by way of press conference or media interview.
I will respond to media questions. I welcome scrutiny and media enquiries about the Investigation Report, or other ICAC matters. I request that any questions be submitted to my office (contact details below). Each question will be considered and responded to in the most appropriate way.
Media contact
Daniel Hall
Email: daniel.hall@icac.nt.gov.au
Phone: 0434 254 625