Former NSW SES boss cleared of charge

A former SES commissioner estimates he spent about $150,000 clearing his name following a long-running legal battle that began at the NSW corruption watchdog.

Murray Kear on Wednesday walked from Downing Centre Local Court surrounded by family and supporters, who cheered and clapped as he was found not guilty of a charge of taking detrimental action against former deputy Tara McCarthy.

It's believed he was the first person charged under the state's whistleblower protection laws.

Mr Kear has been fighting allegations he fired Ms McCarthy in May 2013 as revenge over accusations made against his friend, the other SES deputy commissioner, Steven Pearce.

They were made public during an Independent Commission Against Corruption hearing in December 2013.

Ms McCarthy had accused Mr Pearce of engaging in potentially corrupt conduct by failing to seek three tenders for two consultancy contracts.

Ms McCarthy also alleged Mr Pearce had falsified diary notes to show he had sufficiently disciplined SES finance manager Kevin Pallier, and had misused his corporate credit card.

For the first two allegations, Magistrate Greg Grogin found they were not made on reasonable grounds and were "not a public interest disclosure".

However, over the misuse of credit cards, in which more than $11,000 was spent in 100 transactions including the purchase of roof racks for Mr Pearce's vehicle, Mr Grogin found the disclosure was in the public interest.

The court on Wednesday heard of the "toxic" relationship between Mr Pearce and Ms McCarthy, which Mr Kear tried to remedy several times, unsuccessfully.

Eventually, he dismissed Ms McCarthy, setting in motion legal events that forced him into early retirement at 55.

He emerged from court relieved, having heard Mr Grogin tell the court "there were many factors behind the dismissal of Ms McCarthy".

"The inability of Ms McCarthy to assimilate into, co-operate within the (SES leadership) was, I find, the primary and substantial reason for her dismissal," the magistrate said.

"I find there was no element of revenge, pay back or retaliation against Ms McCarthy by (Mr Kear)."

While he has been cleared, Mr Kear's time before the court isn't over, with his lawyer saying he would seek legal costs over the "unreasonable manner" of the investigation.

Outside court, Mr Kear said he spent about $150,000 defending himself.

"That amount of money, it's huge in anybody's estimation," he said.

"We'd love to get it back so we can actually go and retire and do the things we'd always planned to do."