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Maguire agrees Premier 'did not want to know' some details of dealings

Disgraced former Liberal MP Daryl Maguire has said he understood Premier Gladys Berejiklian "did not want to know" some of the detail of his allegedly corrupt business dealings.

Mr Maguire told the Independent Commission Against Corruption he regularly refrained from telling Ms Berejiklian "too much detail" when they were in a relationship and agreed with her in a 2017 phone call when she said, "I don't need to know that bit."

Daryl Maguire arrives at the ICAC on Friday.Credit:Rhett Wyman

The former member for Wagga Wagga is appearing in the witness box for a third day at the ICAC, which is investigating whether he misused his position as an MP and for his own financial benefit.

Counsel assisting the commission Scott Robertson asked Mr Maguire if it was the case "that there were particular bits of information that [Ms Berejiklian] didn't want to know about your activities?"

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"Well, yes," Mr Maguire said.

He added that he also kept details about business deals from the Premier, due to "conflict of interest and all that kind of stuff that I considered might make things really difficult for her."

Mr Maguire said his attempts to earn a $1.5 million commission in a $330 million sale of land owned by the Waterhouse family near Badgerys Creek was one such deal.

Friday's hearing began with a formal apology to the Premier and Mr Maguire from ICAC's Assistant Commissioner Ruth McColl, after a transcript of a private examination with Mr Maguire was mistakenly uploaded to the internet on Thursday afternoon.

The transcript related to the nature and extent of the pair's relationship and was meant to be redacted because it trespassed on "matters of considerable personal privacy."

Ms Berejiklian's lawyer Arthur Moses SC told the inquiry the Premier's privacy and security was violated by the publication of the transcript.

He requested an investigation into who downloaded the transcript in the 30-minute period it was on the ICAC website on Thursday, with a view to pursuing destruction orders.

Assistant Commissioner McColl confirmed an internal investigation was under way.

More than 2200 pages of documents deliberately released on Thursday revealed Ms Berejiklian dined at Mr Maguire's home with his closest business associate who helped run a cash-for-visa scheme out of the former MP's parliamentary office.

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In the witness seat Mr Maguire agreed Ms Berejiklian was to some extent "a sounding board" with whom he discussed matters of money.

The commission again heard a 2017 telephone intercept in which he began speaking about the proposed land sale and Ms Berejiklian said: "I don't need to know about that bit."

"No you don't," he replied, "You do not have to know that."

Asked why he said that, Mr Maguire said he was not sure and it was "just a random response."

Mr Robertson asked if Mr Maguire would stop short of giving Mr Berejiklian certain details because, "there was a particular class of information you don't propose to share with her ... that might cause her to have to take steps."

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Mr Maguire agreed it was the sort of approach he took to discussing the sale of the Waterhouse land near the Western Sydney Airport, the value of which was linked to regular discussions in government.

"Well, I thought it would cause difficulties. So I limited the information that I gave her," he said.'

Mr Maguire admitted on Friday that he used the international consular network, to which he had access as chair of the parliamentary Asia Pacific Friendship Group, to pursue his own private business interests.

The hearing heard one intercepted phone call Mr Maguire made to the Japan consul in September 2017, in which he said he had been asked to do some "matchmaking" for a friend - Ms Waterhouse - who was seeking Japanese investors for the land near Badgerys Creek.

He did not tell the consul he stood to gain a commission from the land.

"The Chinese are moving all over the place and people are getting concerned that they’ve got too much influence," Mr Maguire said in the call.

Mr Robertson asked the former MP if he ever had the authorisation of "anyone within government to complain to a consular official...regarding China having too much influence in Australia?"

"No," Mr Maguire replied.

His efforts to assist Ms Waterhouse with rezoning her land ahead of a proposed lucrative sale extended to sharing with her the Premier's personal email address, taking Ms Waterhouse to the Premier's office foyer to meet with a ministerial staffer and arranging a meeting with the Greater Sydney Commission.

Mr Maguire told the ICAC on Thursday he often sought the Premier's guidance, spoke with her about his $1.5 million debt and discussed making their relationship public after his planned retirement at the 2019 election.

The inquiry then went into a two-hour closed hearing to allow Mr Robertson to examine the former MP on matters which "significantly outweigh the public interest" in Mr Maguire and Ms Berejiklian's private relationship.

Mr Robertson on Friday morning said the lengthy private hearing on Thursday afternoon was not solely about the "relationship matter" between the Premier and the Maguire.

He said he hoped to complete his examination of the former MP on Friday.

The inquiry continues.

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