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 deposition of a premier, two by-elections, the jailing of three former ministers and a police commissioner who was jailed and lost his knighthood. It also led directly to the end of the National Party of Australia's 32-year run as the government of Queensland.
The inquiry was established in response to a series of articles on high-level police corruption in The Courier-Mail by reporter Phil Dickie, followed by a Four Corners television report, aired on 11 May 1987, entitled "The Moonlight State" with reporter Chris Masters. Both reports highlighted prostitution, gambling and possible police corruption. With Queensland's Premier of 18 years, Sir Joh Bjelke-Petersen, out of the state, his deputy Bill Gunn ordered a commission of inquiry the day after 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). Ian Callinan drafted the terms of reference for the inquiry as well as appearing before it. While the terms of the inquiry 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 lever the inquiry into a position of being able to inquire into any relevant matter. The terms of reference for the Commission were extended twice.
This enabled him to set a new 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. 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 implicated Jack Herbert, and assistant commissioner Graeme Parker. Parker confessed and implicated police commissioner Sir Terry Lewis on 16 September.
The inquiry would eventually outlive 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 an internal power struggle within the National Party, resulting in Bjelke-Petersen resigning as Premier after his unsuccessful attempt to have the Governor of Queensland sack all of his ministers after they deposed him as party leader.
The inquiry's special prosecutor was Doug Drummond QC. It was Drummond that decided not to retry Bjelke-Petersen after the hung jury.
Fitzgerald's report was submitted on 3 July 1989. Based on the inquiry's final report, a number of high-profile politicians were charged with crimes; notably Queensland Police Commissioner (Sir) Terry Lewis was charged with corruption.
Bjelke-Petersen himself was charged with perjury in respect of evidence given to the inquiry. The jury in the case remained deadlocked. In 1992 it was revealed that the jury foreman, Luke Shaw, was a member of the Young Nationals and was identified with the "Friends of Joh" movement. A special prosecutor announced in 1992 there would be no retrial because Sir Joh, then aged 81, was too old.
Lewis was convicted (and subsequently stripped of his knighthood), while the Bjelke-Petersen trial resulted in an mistrial due to a hung jury amidst allegations that the jury foreman (later revealed to be a member of the youth wing of Bjelke-Petersen's National Party) had misrepresented the state of deliberations to the judge.
Leisha Harvey 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, 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, another former health minister, was convicted of misappropriating public funds. Hinze's resignation led to the 1988 South Coast state by-election.
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, such as 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. It was disbanded in 1989 following a recommendation by the Fitzgerald Inquiry. Special Branch destroyed its records before Fitzgerald could subpoena 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 to power for the first time since 1957.
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 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 criticism of other police being impermissible[clarification needed] were condemned because they led to misconduct, inefficiency and contempt for the justice system. Many of the inquiries recommendations were implemented by Wayne Goss, the first Labor Party Premier of Queensland in 32 years.
- Government of Queensland
- List of Australian political controversies
- Domenico Cacciola
- Lucas Inquiry
- Queensland Council for Civil Liberties
- Queensland Police Service
- McBride, Frank; et al (2009). Brisbane 150 Stories. Brisbane City Council Publication. pp. 288–289. 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). Retrieved 14 March 2011.
- http://theaustralian.news.com.au/story/0,20867,21714244-28737,00.html?from=public_rss[dead link]
- 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
- Joh a great servant: jury foreman
- Program Transcript Four Corners: The Moonlight State. Australian Broadcasting Corporation.
- "The making of civil liberties". Courier-Mail. 13 October 2007.
- "Inside Queensland's spy unit". Brisbane Times. 7 April 2010.
- Joh's Jury (TV 1993). IMDB.
- "Griffith University – Tony Fitzgerald Lecture and Scholarship Program", Griffith University, 2009. Retrieved 7 February 2010.
- Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct, "Fitzgerald Inquiry report", Government Printer, Brisbane, 1989.
- Jack Herbert with Tom Gilling, The Bagman: Final Confessions of Jack Herbert, ABC Books 2004, ISBN 0-7333-1412-0
- Evan Whitton, "The Hillbilly Dictator", Australian Broadcasting Commission, 1989, ISBN 0-642-12809-X
- 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)