Page:Berejiklian v Independent Commission Against Corruption.pdf/74

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such a site, described by the Commission as a "major project with a potential gross realisation of $2.5 Billion" in Camellia ([13.42]). As such, he was seeking a purchaser or joint venturer for that project.

283 At [13.42]–[13.43], the Commission found in relation to Mr Demian:

The section concerning Charbel Demian in chapter [8] deals with the circumstances in which on 25 November 2016, when Ms Berejiklian was still the treasurer, Mr Maguire forwarded to her an email chain concerning steps he was taking to assist Mr Demian. The subject line of the email chain was '181 James Ruse Drive, Camellia'. It was apparent from the email chain that Mr Demian was a property developer, associated with the development of a 'major project with a potential gross realisation of $2.5 Billion' in Camellia. The email chain revealed Mr Maguire's assistance to Mr Demian included taking the matter up with the RMS. Mr Maguire did not confine his distribution of the email chain to Ms Berejiklian. He also sent it to staff in the office of the then premier, Mr Baird, and to staff of the then minister for planning, Mr Stokes, with a request that it be forwarded to the premier.

It is significant that Mr Maguire was taking up a matter concerning a property developer with a government department, that the matter had no apparent relation to his electorate and that he was doing so at Mr Demian's request. And, while Mr Maguire did not confine the email's distribution to Ms Berejiklian, as far as the evidence reveals, she was the only recipient aware of Mr Maguire's previous activity seeking commission in connection with property sales.

284 There followed further communications in December 2016 and thereafter ([8.43]–[8.57]). Mr Maguire's evidence was that he was hoping to receive a financial benefit for assisting Mr Demian ([8.58]). However, Mr Maguire left it to Mr Hawatt to negotiate the commission that "they" would receive from Mr Demian ([8.58]).

The "Country Garden and Mr Hawatt" subject matter

285 In their 5 July 2018 conversation, Mr Maguire said to the applicant that he had been summonsed to the Commission because he had "introduced that idiot Hawatt to Country Garden", and that "Hawatt… pressured perhaps the general manager [of the Council] and others about planning to get planning approved so he could sell it to Country Garden" ([13.147]). The Commission also held that during this conversation Mr Maguire told the applicant that "he had made representations on behalf of property developers and assisted them by referring properties as potential investments to Country Garden", and that he had "also acknowledged that an 'incentive payment' for his introduction and assistance was within his contemplation" ([13.188]).

286 On 13 July 2018, Mr Maguire gave evidence in the Operation Dasha public inquiry. The Commission summarised that afternoon's evidence at [13.218]:

… [Mr Maguire] admitted that he and Mr Hawatt were going to share, or were planning on sharing, commissions obtained from property developers who sold their properties to clients of Mr Maguire to whom they were introduced. This included commissions from introductions on behalf of Mr Demian. The way such commission might be earned was either by Mr Hawatt identifying properties which could be sold to interests that Mr Maguire had contact with, such as Country Garden, with a view to money being made by him and Mr Hawatt, and/or from Mr Maguire introducing a joint venture partner–an introduction which might otherwise not have occurred. The value Mr Maguire could bring to the process, as he explained to Mr Hawatt, was that he had 'more chance of opening the door to our friends than' Mr Hawatt had. Mr Maguire was to make appointments with people, for example, involved in planning issues, but told Mr Hawatt that he was to take 'them to planning and people like that because you can do that'. Mr Maguire's evidence concluded at 4.39 pm…