The former Independent Commission Against Corruption (Icac) assistant commissioner Anthony Whealy has leapt to the defence of Megan Latham, saying comments that she should consider a “quiet retirement into private life” were completely unfounded and unfair.
Latham resigned as Icac commissioner on Wednesday after the New South Wales parliament last week passed controversial plans to restructure the body, which would force her to reapply for her job. She now plans to return to the NSW supreme court bench.
The former NSW director of public prosecutions Nick Cowdery, has also spoken out against the Icac restructure that effectively forced Latham out, describing it as “unprincipled and unwarranted”.
“It appeared to be nothing more than a device to remove the commissioner, cloaked in some other reforms that were probably unnecessary,” Cowdery said.
On Thursday, the outgoing Icac inspector David Levine, told News Corp that Latham should not return to the court.
He claimed her return would give rise to issues of “impartiality and political activity” after her time with Icac.
“The preferable course would be to arrange for her quiet retirement into private life or another part of the legal system,” Levine told News Corp.
Whealy, who has also served on the NSW supreme court bench and as an Icac assistant commissioner, said he was shocked by the comments.
Potential conflicts of interest are regularly encountered by courts, and judges can be asked to recuse themselves or take other steps to avoid any perception of bias, he said.
Whealy told Guardian Australia that Latham was one of the most highly respected criminal judges in NSW, and there should be no issue with her returning to the bench. He described the remarks as “completely misguided”, “hollow” and unfair.
“If you take his comments to mean that Megan isn’t a fit and proper person to go back and be a judge, I would take serious exception to that,” he said.
“To attack her as lacking in judgment or integrity or criticising her impartiality, I think are completely misguided and are simply the remarks of people who have got a grudge against her.
“When you come to putting into personal terms for someone like Megan, it’s a very hollow argument.
“The attack now on her personally is completely unwarranted and unfair, and she’s not now in a position to respond.”
The Labor opposition has used the changes to Icac to attack the Baird government, saying they were clearly designed to force Latham out.
They say the restructure significantly weakens the anti-corruption body, and described the move to push Latham out as retribution for her findings on Liberal party donations, which forced the sidelining of 11 Liberal MPs.
Cowdery, the NSW director of public prosecutions from 1994 to 2011, said of the restructure: “This kind of action has been taken sparingly in the past with some politically unpopular courts/judicial officers, but that does not make it right.”
His comments were echoed by Whealy, who said no other anti-corruption body in the country used a trio of commissioners. Having three commissioners would significantly reduce Icac’s effectiveness, he said.
“It’s sad to say, but I’m afraid it’s just a vendetta against [Latham],” he said.
The NSW opposition leader, Luke Foley, said last week changes to Icac and the treatment of Latham was a “tawdry and disgraceful exercise”.
“The government is railroading Ms Latham out of a job because she inquired into corruption in the ranks of the Liberal party,” he said.
“Removing the commissioner was never discussed in the parliamentary committee but it is now being snuck into this legislation.”