Fitzgerald Inquiry
The Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (the Fitzgerald Inquiry; 1987–1989) into
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.[1] 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.[2][3] 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.[1]
That enabled Fitzgerald to set a precedent for
On 28 August, a Licensing Branch sergeant, Harry Burgess confessed to corruption, and implicated Jack Herbert, and assistant commissioner Graeme Parker. In turn, Parker implicated police commissioner Terry Lewis on 16 September.[4]
The inquiry eventually outlived the Bjelke-Petersen government. Mike Ahern became the new Premier after Bjelke-Petersen was deposed by his own party.[5] 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 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 had failed to convict him of corruption and perjury.
Findings
Fitzgerald's report was submitted on 3 July 1989.[1] As a result, a number of high-profile politicians were charged with crimes, and Queensland Police Commissioner Terry Lewis was charged with corruption.[6]
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
Jack Herbert had been the
The Queensland Police Special Bureau was formed on 30 July 1940 and renamed Special Branch 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,[9] and investigating and harassing political opponents.[10] Following a recommendation by the Fitzgerald Inquiry, the Special Branch was disbanded in 1989,[10] having destroyed its records before Fitzgerald could subpoena them.[10]
In large part due to public anger over the revelations in the Fitzgerald report, the National Party was decisively defeated in the December 1989 state election, which brought the Australian Labor Party to power for the first time since 1957.
Recommendations
The two most significant recommendations were the establishment of the
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.[1] Many of the inquiry's recommendations were implemented by Wayne Goss, 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 Police State by Chris Noonan.[11]
Bjelke-Petersen's trial was later the subject of a TV movie, Joh's Jury.[12]
Margot Hutcheson painted a picture of the inquiry, Wasn't the Fitzgerald Inquiry Fun?[13]
In 2009 as part of the
Folk singer John Dengate wrote the satirical song "The Queensland Policeman" about the inquiry.[15]
See also
- Government of Queensland
- List of Australian political controversies
- Domenico Cacciola
- Lucas Inquiry
- Queensland Council for Civil Liberties
References
- ^ ISBN 978-1-876091-60-6.
- ^ Monica Attard (24 June 2007). "A career of distinction: High Court Judge, Justice Ian Callinan". Sunday Profile. Australian Broadcasting Corporation. Archived from the original on 8 May 2016. Retrieved 14 March 2011.
- ^ Dickie, Phil (1989). The Road to Fitzgerald and Beyond. St Lucia: University of Queensland Press. pp. 174–178.
- ^ a b "News Story". Retrieved 14 May 2007.[dead link]
- ^ a b c Elizabeth Allen (14 May 2007). "Players in a vast drama". The Courier-Mail. Queensland Newspapers. Retrieved 14 March 2011.
- ^ "Report Of A Commission Of Inquiry Pursuant To Orders In Council" (PDF). Archived from the original (PDF) on 15 May 2009. Retrieved 4 July 2006.
- ^ Joh a great servant: jury foreman
- ^ Program Transcript Archived 4 March 2016 at the Wayback Machine Four Corners: The Moonlight State. Australian Broadcasting Corporation.
- ^ "The making of civil liberties". Courier-Mail. 13 October 2007.
- ^ a b c "Inside Queensland's spy unit". Brisbane Times. 7 April 2010.
- ^ Noonan, Chris, Police State (Drama), Australian Broadcasting Corporation (ABC), Southern Star Sullivan Productions, The Australian Film Commission, retrieved 18 June 2022
- ^ Joh's Jury (TV 1993). IMDb.
- ^ "Griffith University – Tony Fitzgerald Lecture and Scholarship Program" Archived 4 June 2011 at the Wayback Machine, Griffith University, 2009. Retrieved 7 February 2010.
- ^ Bligh, Anna (10 June 2009). "PREMIER UNVEILS QUEENSLAND'S 150 ICONS". Queensland Government. Archived from the original on 24 May 2017. Retrieved 24 May 2017.
- ^ See for example: "John Dengate interviewed by John Meredith in John Meredith folklore collection". Retrieved 20 October 2023.
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
Further reading
- Jack Herbert with Tom Gilling, The Bagman: Final Confessions of Jack Herbert, ABC Books 2004, ISBN 0-7333-1412-0
- ISBN 0-642-12809-X
- Phil Dickie, "The Road to Fitzgerald" University of Queensland Press 1988
- ISBN 978-0-7022-3712-6
- Domenico Cacciola. Who's Who in the Zoo (2013)