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The Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (the Fitzgerald Inquiry; 1987–1989) into
Queensland Police The Queensland Police Service (QPS) is the principal law enforcement agency responsible for policing the Australian state of Queensland. In 1990, the Queensland Police Force was officially renamed the Queensland Police Service and the old motto ...
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
was a judicial inquiry presided over by
Tony Fitzgerald Gerald Edward "Tony" Fitzgerald (born 26 November 1941) is a former Australian judge, who presided over the Fitzgerald Inquiry. The report from the inquiry led to the resignation of the Premier of Queensland Joh Bjelke-Petersen, and the jai ...
QC. The inquiry resulted in the resignation of Queensland's premier,
Joh Bjelke-Petersen Sir Johannes Bjelke-Petersen (13 January 191123 April 2005), known as Joh Bjelke-Petersen, was a conservative Australian politician. He was the longest-serving and longest-lived premier of Queensland, holding office from 1968 to 1987, during ...
, the calling of two by-elections, the jailing of three former ministers and the Police Commissioner (who also lost his knighthood). It also contributed to the end of the
National Party of Australia The National Party of Australia, also known as The Nationals or The Nats, is an Australian political party. Traditionally representing graziers, farmers, and regional voters generally, it began as the Australian Country Party in 1920 at a fed ...
's 32-year run as the governing political party in Queensland.


History

The inquiry was established in response to a series of articles by reporter Phil Dickie in ''
The Courier-Mail ''The Courier-Mail'' is an Australian newspaper published in Brisbane. Owned by News Corp Australia, it is published daily from Monday to Saturday in tabloid format. Its editorial offices are located at Bowen Hills, in Brisbane's inner northe ...
'' about high-level police corruption, followed by a ''
Four Corners The Four Corners is a region of the Southwestern United States consisting of the southwestern corner of Colorado, southeastern corner of Utah, northeastern corner of Arizona, and northwestern corner of New Mexico. The Four Corners area ...
'' television report on the same issue, by Chris Masters, entitled "The Moonlight State", which aired on 11 May 1987. Both investigations dealt with illegal prostitution and gambling, aided by police corruption. With
Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , establishe ...
's Premier of 18 years,
Joh Bjelke-Petersen Sir Johannes Bjelke-Petersen (13 January 191123 April 2005), known as Joh Bjelke-Petersen, was a conservative Australian politician. He was the longest-serving and longest-lived premier of Queensland, holding office from 1968 to 1987, during ...
, out of the state, his deputy, Bill Gunn, ordered a commission of inquiry the day after the television report was broadcast. The allegations aired in the media were not new. They had surfaced from time to time, and some news organisations had been forced to pay damages to aggrieved people who alleged their reputations had been damaged (Bjelke-Petersen himself was notoriously litigious in response to unfavourable press coverage). The government was reported to have initially preferred District Court Judge Eric Pratt, chair of the controversial Police Complaints Tribunal and a close friend of Police Commissioner Lewis, to head the inquiry, which led to fears by journalists that it would be a whitewash. After consulting the legal profession, Attorney-General
Paul Clauson Paul John Clauson (born 16 September 1949) is a former Australian politician. Early life and family Clauson was born in Brisbane to Alan George Malcolm Clauson and Ethel Marjory, ''née'' Montgomery. He attended Wellington Point Primary Sc ...
opposed Pratt as unsuitable and he was removed from consideration. The government then approached Ian Callinan to head the inquiry, but he refused on the basis that he was perceived to be too close to the government. Callinan recommended Fitzgerald as a suitable head. He also drafted the
terms of reference Terms of reference (TOR) define the purpose and structures of a project, committee, meeting, negotiation, or any similar collection of people who have agreed to work together to accomplish a shared goal. Terms of reference show how the object ...
for the inquiry and represented the Queensland Government before it. While the terms of reference were initially narrow, restricted only to the specific allegations raised against specific persons named in the media over a period of just five years, Fitzgerald used his
moral authority Moral authority is authority premised on principles, or fundamental truths, which are independent of written, or positive, laws. As such, moral authority necessitates the existence of and adherence to truth. Because truth does not change, the princi ...
to expand the inquiry to examine any relevant matter. As a result, the terms of reference of the Commission were extended twice. That enabled Fitzgerald to set a precedent for commissions of inquiry and Royal Commissions in Australia generally, using innovative methods, such as indemnities from prosecution for key witnesses, to secure vital evidence. He began formal hearings on 27 July 1987. The inquiry was initially expected to last about six weeks; it instead spent almost two years conducting a comprehensive investigation of long-term, systemic political corruption and abuse of power in Queensland. Public sittings were held on 238 days, hearing testimony from 339 witnesses. On 28 August, a Licensing Branch sergeant,
Harry Burgess Harry Burgess may refer to: *Harry Burgess (footballer) (1904–1957), footballer for England, Stockport County, Sheffield Wednesday and Chelsea *Harry Burgess (governor) {{Infobox officeholder , image=Harry Burgess.jpg , caption= Burgess as a We ...
confessed to corruption, and implicated Jack Herbert, and assistant commissioner Graeme Parker. In turn, Parker implicated police commissioner Terry Lewis on 16 September. The inquiry eventually outlived the Bjelke-Petersen government. Mike Ahern became the new Premier after Bjelke-Petersen was deposed by his own party. Evidence revealed by the investigation, including testimony from Bjelke-Petersen himself, caused significant political damage and led to a power struggle within the National Party. Bjelke-Petersen resigned as Premier after an unsuccessful attempt to have the
Governor of Queensland The governor of Queensland is the representative in the state of Queensland of the monarch of Australia. In an analogous way to the governor-general of Australia at the national level, the governor performs constitutional and ceremonial func ...
sack all of his ministers after they had deposed him as party leader. The inquiry's special prosecutor was Doug Drummond QC. It was Drummond who decided not to retry Bjelke-Petersen after a
hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. T ...
had failed to convict him of corruption and
perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
.


Findings

Fitzgerald's report was submitted on 3 July 1989. As a result, a number of high-profile politicians were charged with crimes, and Queensland Police Commissioner Terry Lewis was charged with corruption. Bjelke-Petersen himself was put on trial for perjury in respect of evidence he gave to the inquiry. The jury in the case was deadlocked, bringing about a mistrial. In 1992, it was revealed that the jury foreman, Luke Shaw, was a member of the Young Nationals, was identified with the "Friends of Joh" movement and had misrepresented the state of deliberations to the judge. According to an ABC TV analysis: "A later inquiry conducted by Justice Bill Carter found the selection process had been manipulated by ... ex-police officers ... helping to put Joh before a jury led by Young Nationals member, Luke Shaw". A special prosecutor announced in 1992 there would be no retrial because Sir Joh, then aged 81, was too old. Jack Herbert had been the bagman, collecting bribes for police commissioner Terry Lewis from 1980. Lewis himself had been a bagman for former commissioner Francis Bischof. Lewis was convicted (and subsequently stripped of his
knighthood A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the ...
).
Leisha Harvey Leisha Teresa Harvey (née Piasecki, born 4 April 1947) is a former Australian politician. She was a National Party member of the Legislative Assembly of Queensland from 1983 to 1989, representing the electorate of Greenslopes. She served as ...
, a former health minister, was charged with misappropriating of public funds as part of an investigation resulting from the findings of the inquiry. She spent one year in jail.
Don Lane Don Lane (born Morton Donald Isaacson, 13 November 1933 – 22 October 2009) was an American-born talk show host and singer, best known for his television career in Australia, especially for hosting ''Tonight with Don Lane'' and '' The Don Lane ...
, a former transport minister, was sentenced to twelve months imprisonment for falsifying expense accounts. Lane's resignation resulted in the 1989 Merthyr state by-election.
Brian Austin Brian Douglas Austin (born 22 March 1943) is an Australian politician and Minister of Health (1980–1983 and 1983 - 1986) and Minister for Finance and Minister Assisting the Premier and Treasurer (1987 - 1989) and who represented the state s ...
, another former health minister, was convicted of misappropriating public funds. The resignation of senior minister
Russell Hinze Russell James Hinze (19 June 1919 – 29 June 1991) was a politician in Queensland, Australia, in the 1970s and 1980s. He presided over an era of controversy that included the setting up of the Racing Development Fund, ministerial re-zonings an ...
, after damaging allegations were made against him during the inquiry, led to the 1988 South Coast state by-election. The
Queensland Police The Queensland Police Service (QPS) is the principal law enforcement agency responsible for policing the Australian state of Queensland. In 1990, the Queensland Police Force was officially renamed the Queensland Police Service and the old motto ...
Special Bureau was formed on 30 July 1940 and renamed
Special Branch Special Branch is a label customarily used to identify units responsible for matters of national security and intelligence in British, Commonwealth, Irish, and other police forces. A Special Branch unit acquires and develops intelligence, usu ...
on 7 April 1948. It was criticised for being used for political purposes by the Bjelke-Petersen government in the 1970s and 1980s, for example, enforcing laws against protests, sometimes outnumbering the protesters or using provocateurs to incite violence so the protesters could be arrested, and investigating and harassing political opponents. Following a recommendation by the Fitzgerald Inquiry, the Special Branch was disbanded in 1989, having destroyed its records before Fitzgerald could
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
them. In large part due to public anger over the revelations in the Fitzgerald report, the National Party was heavily defeated in the December 1989 state election, which brought the
Australian Labor Party The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms t ...
to power for the first time since 1957.


Recommendations

The two most significant recommendations were the establishment of the Criminal Justice Commission (CJC) and the Electoral and Administrative Review Commission which was to review electoral boundaries. The need for
Freedom of Information legislation Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisf ...
in the state was noted, as was the need to review laws relating to public assembly and guidelines for the disclosure of pecuniary interests of parliamentarians. The CJC was to be responsible for investigating specific individuals mentioned during the inquiry. The police culture of the state was also criticised. Aspects such as loyalty to fellow police officers, police not enforcing laws against other police, and failure to listen to whistle-blowers, were condemned because they led to misconduct, inefficiency and contempt for the justice system. Many of the inquiry's recommendations were implemented by
Wayne Goss Wayne Keith Goss (26 February 1951 – 10 November 2014) was Premier of Queensland from 7 December 1989 until 19 February 1996, becoming the first Labor Premier of the state in over thirty two years. Prior to entering politics, Goss was a solic ...
, the first Labor Party Premier of Queensland in 32 years.


Cultural depictions

The investigation leading up to the inquiry and the inquiry itself were depicted in the 1989
TV movie A television film, alternatively known as a television movie, made-for-TV film/movie or TV film/movie, is a feature-length film that is produced and originally distributed by or to a television network, in contrast to theatrical films made for ...
''Police State'' by Chris Noonan. Bjelke-Petersen's trial was later the subject of a TV movie, ''
Joh's Jury ''Joh's Jury'' is a 1993 Australian television film about the perjury trial of Sir Joh Bjelke-Petersen Sir Johannes Bjelke-Petersen (13 January 191123 April 2005), known as Joh Bjelke-Petersen, was a conservative Australian politician. He ...
''. Margot Hutcheson painted a picture of the inquiry, ''Wasn't the Fitzgerald Inquiry Fun?''"Griffith University – Tony Fitzgerald Lecture and Scholarship Program"
,
Griffith University Griffith University is a public research university in South East Queensland on the east coast of Australia. Formally founded in 1971, Griffith opened its doors in 1975, introducing Australia's first degrees in environmental science and Asian ...
, 2009. Retrieved 7 February 2010.
In 2009 as part of the
Q150 Q150 was the sesquicentenary (150th anniversary) of the Separation of Queensland from New South Wales in 1859. Separation established the Colony of Queensland which became the State of Queensland in 1901 as part of the Federation of Australia. Q ...
celebrations, the Fitzgerald Inquiry was announced as one of the
Q150 Icons The Queensland's Q150 Icons list of cultural icons was compiled as part of Q150 celebrations in 2009 by the Government of Queensland, Australia. It represented the people, places and events that were significant to Queensland's first 150 years ...
of Queensland for its role as a "Defining Moment".


See also

*
Government of Queensland The Queensland Government is the democratic administrative authority of the States and territories of Australia, Australian state of Queensland. The Government of Queensland, a parliamentary system, parliamentary constitutional monarchy was form ...
*
List of Australian political controversies This is a list of major political controversies in Australia: Pre-federation Federal controversies Barton government Deakin government Hughes government Bruce–Page government Scullin government Lyons government Menzies governmen ...
* Domenico Cacciola *
Lucas Inquiry The Lucas Inquiry, chaired by Justice G. A. G. Lucas, began in 1976 and was constituted to look into police corruption in Queensland, but the Inquiry was seriously flawed, reliant as it was, on its star witness Jack Herbert, The Bagman who confes ...
*
Queensland Council for Civil Liberties The Queensland Council for Civil Liberties (QCCL) is a voluntary organisation in Australia concerned with the protection of individual rights and civil liberties. It was founded in 1966 in order "to protect and promote the human rights and freed ...
*
Queensland Police Service The Queensland Police Service (QPS) is the principal law enforcement agency responsible for policing the Australian state of Queensland. In 1990, the Queensland Police Force was officially renamed the Queensland Police Service and the old motto ...


References


Bibliography

*Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct
"Fitzgerald Inquiry Report"
an
Appendices
Government Printer, Brisbane, 1989. *Atherton, James
Appendices to the Report
issuu Issuu, Inc. (pronounced "issue") is a Danish-founded American electronic publishing platform based in Palo Alto, California, United States. Founded in 2004 as a Danish startup, the company moved its headquarters to the United States in 2013. ...
, 1989, 242pp


Further reading

* Jack Herbert with Tom Gilling, ''The Bagman: Final Confessions of Jack Herbert'', ABC Books 2004, *
Evan Whitton Evan Whitton (5 March 1928 – 16 July 2018) was an Australian journalist. Whitton was raised in Murgon in Queensland, and went away to boarding school at age eight. He worked as a teacher for 14 years in Toowoomba before securing a ful-time rol ...
, "The Hillbilly Dictator", Australian Broadcasting Commission, 1989, * Phil Dickie, "The Road to Fitzgerald" University of Queensland Press 1988 * Domenico Cacciola. ''The Second Father: An insiders story of cops, crime and corruption'' (2009) {{ISBN, 978-0-7022-3712-6 * Domenico Cacciola. ''Who's Who in the Zoo'' (2013) 1987 in Australia 1987 in law Political scandals in Australia History of Queensland Police misconduct in Australia Public inquiries in Australia Judicial inquiries Crime in Queensland Queensland commissions of inquiry