Three appeal judges will soon retire to consider whether findings that ex-NSW premier Gladys Berejiklian engaged in serious corruption should be overturned.
The NSW Independent Commission Against Corruption is vigorously defending the former state Liberal leader's attack on a report, released in June, which found she breached public trust by refusing to report her covert liaison with disgraced Liberal MP Daryl Maguire.
ICAC found one scenario constituting "serious corrupt conduct" included Berejiklian sitting on a cabinet committee considering multimillion-dollar funding arrangements pushed by Maguire to benefit his Wagga Wagga electorate.
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Between 2016 and 2018, as treasurer and then premier, Berejiklian was involved in approving or supporting allocations of $5.5 million for the Wagga-based Australian Clay Target Association and $10 million for the Riverina Conservatorium of Music.
On Monday, the ex-premier's barrister Bret Walker SC argued ICAC made several "defects of reasoning" and errors of law in making the findings it did.
There was no evidence Berejiklian's relationship with Maguire influenced her or created an actual conflict of interest, the barrister said.
Walker also submitted the report was "delivered in excess of jurisdiction" by former judge Ruth McColl, who was appointed assistant commissioner to help with the inquiry.
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While McColl's appointment as assistant commissioner expired in October 2022, she was kept on as a consultant for another eight months before the report was published.
Berejiklian claims McColl was not authorised to publish any report given her status as a "consultant" and not a commissioner.
However, ICAC's barrister Stephen Free SC defended the report on Monday, saying McColl's role was to preside over hearings and to deliver a draft report to the commission.
The final report was released by the chief commissioner, who had authority to do so, and not by McColl, the court heard.
The hearing is expected to conclude on Tuesday.
