UPDATED: Cunneen loses bid to halt ICAC probe, now seeks injunction
NSW Deputy Senior Crown Prosecutor Margaret Cunneen, SC. (AAP) AAP
Ms Cunneen had attempted to stymie the ICAC investigation into whether she perverted the court of justice.
It is alleged Ms Cunneen and her son, Stephen Wyllie, advised his girlfriend to feign chest pains to avoid a blood alcohol test at the scene of an accident.
The girlfriend, Sophia Tilley, today had her driver's licence suspended for traffic offences.
Ms Cunneen launched legal proceedings in the Supreme Court after the corruption watchdog announced it would hold an inquiry into allegations.
In August, Ms Cunneen faced a private hearing over the allegations.
On October 29, Ms Cunneen, her son and Ms Tilley received a summons to attend a public inquiry into the matter, sparking their court bid to halt the proceedings.
Ms Cunneen, who describes the accusations as "malicious", argued the ICAC was acting beyond its jurisdiction and there was no suggestion the allegations involved her conduct as a crown prosecutor.
But in a decision handed down on today, Justice Clifton Hoeben rejected her push.
Justice Hoeben found it was appropriate for the ICAC to take a person's status as a public official into account.
He also rejected Ms Cunneen's legal team's submission that the conduct alleged against her, her son and Ms Tilley went no higher than an interference with a police investigation.
If the factual basis of the accusations against the trio are made out, Justice Clifton said it could amount to perverting the course of justice or an attempt to pervert the course of justice.
Ms Cunneen's barrister Arthur Moses SC has indicated they will appeal the Supreme Court decision and may seek an urgent injunction against the ICAC to prevent the public hearings going ahead.
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