…from the quill of Antisthenes the Younger
I have written about this old Queensland suppurating problem before; in April 2012 in The Ghost of Heiner and in July 2012 in The Heiner cover-up continues. In the latter article I may have been slightly unfair to the Commissioner Carmody, QC. The report is out and the ball is now back in the politicians’ court. As before, I rely on the writing of fearless Piers Akerman:
“Commissioner Tim Carmody, QC, has vindicated the principled stand of all those who fought for the Heiner Affair to be investigated.
In his report released Monday (01-07-12) he found evidence suggesting the document shredding at the core of the Heiner Affair was illegal.
That’s what whistleblower Kevin Lindeberg and an impressive array of the most senior legal figures in the the nation have been saying for decades.
But they had to fight successive Queensland Labor governments, a reluctant media that was far too close to Labor, and inertia.
Carmody’s finding which, as The Courier Mail’s report now concedes “potentially puts everyone from former Queensland premier Wayne Goss to former treasurer David Hamill to former Attorney-General Dean Wells in the firing line” as well as former MP Anne Warner, who was the minister responsible for the portfolio at the time.”
“It also admits that the role of Goss’s then chief-of-staff, Prime Minister Kevin Rudd, would also be closely examined in any trial. ….
Whistleblower Kevin Lindeberg has always argued that the documents from the 1989 inquiry headed by retired magistrate Noel Heiner into the old John Oxley Youth Detention Centre included material covering child abuse but he was also concerned about their relevance to trade union activities.
The documents were shredded after a Goss Cabinet decision in early 1990. …
The report is not as thorough as it should have been and doubts were raised about potential conflicts before Carmody sat.
He has recommended the Department of Public Prosecutions now deliberate but this seems to be another mistake.
The only way for full and proper resolution would appear to be through the appointment, by Act of Parliament, of a Special Prosecutor as was advised by a group of eminent judges in 2007, preceded by a Parliamentary Commission of Inquiry, by an Act of Parliament, and headed by 3 interstate judges because of 6 sitting judges being adversely caught up in the matter.
Further , the Office of the DPP is deeply embroiled in the matter from its earlier considerations in 1995, 1997 and 2003-2005. Indeed two former DPPs are adversely named in the Rofe Audit, and one is a current sitting judge.
The matter cannot be laid to rest with this report. Queensland Attorney General Jarrod Bleijie has the opportunity to heal this long running sore. Queensland Premier Campbell Newman showed courage and integrity when he agreed to pursue the matter – he must ensure that it he stays the course to the end.”
Don’t hold your breath. The relatively simple case against the former Prime Minister Gillard is yet to reach the courts. Something involving the former Labor State Premier Goss and the current Labor Prime Minister Rudd, not to mention former State Coalition ministers, serving judges … Well, a miracle may happen.
In response to some queries, communicated to me privately – The principal point of “racking the muck” is not the punishment of the people responsible, i.e. politicians and senior public servants, however desirable and just it would be. Meaningful punishment is extremely unlikely, but even a symbolic one would be good.
“… the essence of the outrage that has been sparked by the Heiner revelations – that the Labor Party, in Queensland and federally, has put itself above the law.
It has done everything within its power to ensure that the law will not be applied to those who have been in authority. One law for the governed, another for the government.”
Queensland Labor brought the rule of law into disrepute and something should be done about it before it takes hold.
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I met people believing that Anne Warner is a part Aborigine. Many people, including myself, are or were, somehow, under that impression, perhaps because she was at one stage a Minister for Aboriginal and Islanders Affairs, in addition to being a Minister for Family Services. However, if Wikipedia is to be believed, she is an Indian, or a part-Indian. Also, according to her Wikipedia entry: Throughout her parliamentary career she showed great concern for minority groups and women, especially disadvantaged women, and their right to be free from any sort of discrimination. Hmm.