refer merely to an absence of evidence; the sixth is question-begging; and the seventh is neutral as to why Mr Maguire's involvement would be a factor, he also being the local member.
110 Finally, the applicant says that "[i]n the absence of any specific evidence supporting the finding that the applicant was influenced by her relationship in her public functions" Counsel Assisting's arguments were based on supposition.
111 In response the Commission submits that there was probative evidence upon which its findings were based and from which it drew inferences.
112 Whether that is so requires this Court to consider the evidence referred to by the Commission and whether it provides support for the finding that the applicant was influenced in the exercise of her public functions concerning the ACTA and RCM funding proposals by a desire to maintain or advance her relationship with Mr Maguire.
Disposition of ground 2
113 It is convenient to address the questions of supporting evidence, and availability of inferences, by reference to the following matters which substantially cover those in Counsel Assisting's submission as recorded at [11.556].
- The nature and dynamics of the relationship
114 The Commission considers the nature of the relationship between [10.8] and [10.38]. Its findings include that it "was one of considerable intensity accompanied by mutual and deep feelings of love" ([10.9]), and that the messages between the two were "consistent with physical and emotional intimacy and a romantic relationship having developed" between them ([10.13]).
115 On 14 February 2018, there was a recorded telephone exchange between the applicant and Mr Maguire, which included the following ([10.20]):
BEREJIKLIAN: No but Hokis if I did something bad, I need to I need to perhaps.
MAGUIRE: Well you were just over the top over the top right and you just don't need to be so mean that's all.
BEREJIKLIAN: Okay I'm sorry.
MAGUIRE: You just appeared mean.
BEREJIKLIAN: Do you know why because I forget that I need to look like I'm you impress me in front of like I forget that [sic].
MAGUIRE: No you should I impress, I impress a lot of people why aren't you impressed in front of people you should be.
BEREJIKLIAN: That's what I mean I forget that I'm meant to be with you know, technically the Premier so, you know. I get that.
MAGUIRE: Hmm anyway.
BEREJIKLIAN: Because you know what I tell you why because normally you're the boss and it's hard when we have to switch it around that's the truth.
MAGUIRE: Yeh but I am the boss, even when you're the Premier.
BEREJIKLIAN: I know. So therefore it's hard when I had to switch it around.
MAGUIRE: Glad even when you are the Premier I am the boss alright.
