Fitzgerald Inquiry

The Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (the Fitzgerald Inquiry; 1987–1989) into Queensland Police corruption was a judicial inquiry presided over by Tony Fitzgerald QC. The inquiry resulted in the resignation of Queensland's premier, Joh Bjelke-Petersen, the calling of two by-elections, and the jailing of three former ministers and the Police Commissioner Terry Lewis (who also lost his knighthood). It also contributed to the end of the National Party of Australia'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 about high-level police corruption, followed by a Four Corners 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's Premier of 18 years, Joh Bjelke-Petersen, 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 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 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 to expand the inquiry to examine any relevant matter. As a result, the terms of reference of the Commission were extended twice.

The inquiry eventually outlived the Bjelke-Petersen government. Mike Ahern became the new Premier after Bjelke-Petersen was deposed by his own party.

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. Don Lane, a former transport minister, was sentenced to twelve months imprisonment for falsifying expense accounts. and investigating and harassing political opponents. Following a recommendation by the Fitzgerald Inquiry, the Special Branch was disbanded in 1989,

Bjelke-Petersen's trial was later the subject of a TV movie, Joh's Jury.

Margot Hutcheson painted a picture of the inquiry, Wasn't the Fitzgerald Inquiry Fun?

In 2009 as part of the Q150 celebrations, the Fitzgerald Inquiry was announced as one of the Q150 Icons of Queensland for its role as a "Defining Moment".

Folk singer John Dengate wrote the satirical song "The Queensland Policeman" about the inquiry.

References

Bibliography

Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct, "Fitzgerald Inquiry Report" and Appendices, Government Printer, Brisbane, 1989.
Atherton, James. Appendices to the Report. issuu, 1989, 242pp

Fitzgerald Inquiry

History

See also

References

Bibliography

Further reading