The Supreme Court has agreed to expedite a challenge to ICAC’s powers by Jeff McCloy, property developer and former Newcastle lord mayor.
McCloy, who is seeking to have Commissioner Megan Latham removed from the inquiry on the grounds of bias, has been investigated by ICAC for alleged breaches of the electoral funding laws.
McCloy is also trying to stop the release of ICAC’s report on the alleged breaches, Operation Spicer, which has led 10 Liberal members of the NSW Parliament to resign or move to the cross benches.
“A fair minded observer might reasonably apprehend that Commissioner Latham might not bring an impartial and unprejudiced mind to the resolution of the questions and the findings to be made as part of Operation Spicer,” said McCloy.
According to reports by the ABC, the judicial review alleges that ICAC had a predetermined objective to make adverse findings.
The case will be heard on November 16 and 17.
Meanwhile, McCloy is waiting on a decision on a High Court application he filed, claiming that NSW electoral funding laws are unconstitutional.