Was the Crime and Misconduct Commission recruited to write puff pieces in support of the bikie legislation? ... Questions the Courier-Mail should be asking ... Conflict of evidence still unresolved ... Stephen Keim and Alex McKean press ahead
David Gibson: now in charge of the parliamentary ethics committee
An opinion piece from the Courier-Mail's state political writer suggests that Labor's past history of undermining the parliamentary committee system gives it no standing to complain about the LNP's treatment of those committees.
This may be true, but it simply misses the point.
The article claims that the unprecedented move by the government to sack the entire Parliamentary Crime and Misconduct Committee, "will hardly register with voters who view any committee for politicians as a recipe for inertia conducted at their expense".
If this is correct, then the Courier-Mail, itself, must share some of the responsibility for failing to discharge its obligations as a member of the fourth estate. In particular, one expects the press to ask the truly important questions about the Levy affair which led to the sacking of the PCMC.
See: Trashing Fitzgerald's legacy
The questions are simple. What is curious is that the major daily newspaper in the state, which played an instrumental role in bringing about the Fitzgerald Inquiry, has failed to ask them.
For example:
1. What is the explanation for the inconsistencies between the evidence given by acting head of the Crime and Misconduct Commission, Dr Ken Levy and government PR man Lee Anderson to the PCMC, specifically about:
- the number of times there was contact between them prior to the publication of Levy's opinion piece;
- whether Anderson suggested that journalist Des Houghton should conduct the interview with Levy;
- Anderson making initial contact with Mr. Houghton to discuss the proposed interview;
- Levy having had a face-to-face meeting with Anderson, in the Premier's office, a few days before the article was published and;
- Anderson seeking to provide input into what the article would and would not discuss?
2. If Mr. Anderson is telling the truth about these matters, isn't it clear that Levy has failed to be full and frank in his disclosure to the PCMC, on both occasions when he has given evidence before it, and in his efforts to correct the record?
3. How can those repeated failures to give full and frank disclosure be anything short of an attempt to mislead the PCMC?
4. If Levy has, somehow, forgotten a meeting in the Premier's office a few days before publishing an opinion piece, is he fit to head the CMC?
5. If Dr. Levy is so lacking in judgment as to think the meeting with Anderson in the Premier's officer was not contact with "someone from government", is he fit to head the CMC?
6. Where it appears that either: (a) Anderson has misled the PCMC, (b) Levy has misled the PCMC, or (c) Levy is incompetent, how can the public have confidence in Levy to remain as head of the CMC until these issues have been resolved?
These questions have not been put to the government.
Instead, the government's ploy of accusations of bias against the formerly constituted PCMC have been allowed to muddy the waters. It is tolerably clear that the PCMC was sacked simply so these questions could not be asked by the PCMC, itself.
The documents showing the inconsistencies between the evidence of Anderson and Levy have been available on the public record for more than 10 days. This is sufficient time for a competent news organ to seek answers to the relevant questions.
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THE government has now referred further investigation of Dr Levy to the select ethics committee, chaired by David Gibson, the LNP member for Gympie.
Gibson was forced to resign as Police Minister, two weeks after being appointed, when he was caught speeding while his licence was suspended.
He subsequently owned-up to a history of traffic offences going back 10 years, which had not previously been disclosed.
Gibson is a former army officer, as is Premier Newman and Brigadier Bill Mellor, who the Premier is said to have appointed to implement an "across government" response to bikies.
Gibson is also a former manager of the Gympie Times. When confronted about his offending, he said he could not recall receiving the correspondence informing him his licence had been suspended, and had been unaware he was driving without a valid licence.
In light of the importance of public confidence in the CMC, the select ethics committee should hold its hearings in public with transcripts of proceedings available to the public.
These questions are too important for proceedings to take place behind closed doors, where the LNP majority can seek to head-off any embarrassment to the government.
Alex McKean & Stephen Keim SC
McKean and Keim practise as counsel in south-east Queensland.