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→‎Issues in Sandgate Electorate: rm section - I'm no fan of corrupt politicians, but pretty much every politician makes unpopular decisions and this laundry list was over the top
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Proceedings are underway, with respect to Queensland's ''Criminal Proceeds Confiscation Act 2002'',<ref>http://www.cmc.qld.gov.au/data/portal/00000005/content/96701001133482241700.pdf Recovering the Proceeds of Crime - Fact Sheet - Crime and Misconduct Commission (2005)</ref><ref>http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminPrCoA02.pdf Criminal Proceeds Confiscation Act 2002</ref> to confiscate Nuttal's Sandgate property. On 24 September 2009, the CMC began further proceeds-of-crime action in Brisbane's Supreme Court to seize his property at Woodgate, near Bundaberg.<ref>http://www.theaustralian.news.com.au/story/0,,26121959-2702,00.html The Australian - 'Gordon Nuttall faces loss of beach house' - Michael McKenna (25 September 2009)</ref><ref>http://www.abc.net.au/news/stories/2009/09/25/2696000.htm ABC Online - 'CMC lodges court action against Nuttall' (25 September 2009)</ref>
Proceedings are underway, with respect to Queensland's ''Criminal Proceeds Confiscation Act 2002'',<ref>http://www.cmc.qld.gov.au/data/portal/00000005/content/96701001133482241700.pdf Recovering the Proceeds of Crime - Fact Sheet - Crime and Misconduct Commission (2005)</ref><ref>http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminPrCoA02.pdf Criminal Proceeds Confiscation Act 2002</ref> to confiscate Nuttal's Sandgate property. On 24 September 2009, the CMC began further proceeds-of-crime action in Brisbane's Supreme Court to seize his property at Woodgate, near Bundaberg.<ref>http://www.theaustralian.news.com.au/story/0,,26121959-2702,00.html The Australian - 'Gordon Nuttall faces loss of beach house' - Michael McKenna (25 September 2009)</ref><ref>http://www.abc.net.au/news/stories/2009/09/25/2696000.htm ABC Online - 'CMC lodges court action against Nuttall' (25 September 2009)</ref>

==Issues in Sandgate Electorate==

*<big>'''Sale of iconic Sandgate Post Office'''</big>
On 11 March 2003, with the [[Patronage#Politics|patronage]] of Nuttall, the 19th century [[Queensland Heritage Council]] listed, publicly owned, [[Sandgate, Queensland|Sandgate Post Office]] and land (over 2,000 m<sup>2</sup>) was sold to local developers [[No-bid contract|without tender or advertising]] for $390,000 [http://www.aph.gov.au/hansard/senate/dailys/ds110903.pdf] [''Commonwealth Senate - Official Hansard, No. 10, 2003 - Thursday, 11 September 2003 - (Pages 15067 to 15069)''].

This was $35,000 less than the unimproved value. The property was re-surveyed and a reduced parcel of land (963 m<sup>2</sup>) housing the historic building was on-sold in December 2008 for $1.77 million (2.5 times the 2007 unimproved value).
<br />
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*<big>'''Patronised sale of public parkland for private development'''</big>

In April 2001, local developers applied to the Queensland [[Department of Natural Resources and Mines]] to close Lagoon Street, [[Sandgate, Queensland|Sandgate]], and buy part of [[Crown_land#Australia|public]] [[Common land|parkland]] (Einbunpin Lagoon Reserve), adjoining Sandgate Post Office, in order to build a supermarket.

In July 2001, “''after some 500 submissions''” the Department of Natural Resources and Mines refused [Reference BRI/003338 Part 8] the developers’ application saying,
<blockquote>'''"''It is the view of the Department that the area of road is used regularly by the public as a road and that the area of road provides continuity to a road network …''"'''
and,
'''"''It is the view of the Department that the part of … [Einbunpin Lagoon Parkland] … sought for purchase by the applicants is needed for community purposes …'''"'' and, ''"'''... For these reasons it has been approved to refuse the application in terms of Section 101(3) of the Land Act 1994.''"'''</blockquote>

The developers’ property manager, Mr Mark Tocchini, appealed the decision to the Minister for Natural Resources & Mines, [[Stephen Robertson (politician)|Stephen Robertson]]. On 10 July 2001, the Minister replied [Ref 1/01/00387 CTS 02789/01] saying,
<blockquote>'''"''I believe I cannot assist you any further, I cannot see any reason for us to meet at this time. Your clients’ only avenue is by using the [[Judicial Review]] through the [[Supreme Court of Queensland]].''"'''</blockquote>

On 11 July 2001, (The following day), Nuttall wrote to Minister Robertson saying,
<blockquote>'''"''Dear <s>Stephen</s> Steve,'''''</blockquote>
<blockquote>''''' I am writing further to our telephone call this morning regarding your agreement to visit my electorate and meet with the developers of a proposed shopping center development in Sandgate.''"'''</blockquote>

A Dept of Natural Resources and Mines 'File Note' dated 22 August 2001 states,

<blockquote>'''"''Re: Meeting on site at Lagoon Street Sandgate between: Stephen Robertson (Minister for Natural Resources and Mines), Gordon Nuttall (Minister for Industrial Relations and Member for Sandgate), Paul McClelland Operations Manager Brisbane, Mark Forbes Developer, Martin Cross Developer''"'''</blockquote>
The 'Note' finishes saying, <blockquote>'''"''At the end of the meeting the Minister [Stephen Robertson] wished the developers well with their development.''"'''</blockquote>

The supermarket was officially opened by Treasurer and Member for [[Division of Lilley|Lilley]], [[Wayne Swan]] in 2009. [http://northside-chronicle.whereilive.com.au/news/story/woolworths-store-opens/]
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<br />
*<big>'''Closure of Sandgate Community Centre'''</big>
The Sandgate Community Centre was occupying part of the 'old ambulance station' in Burnett Place, Sandgate. Minister [[Judy Spence]] had offered it, in perpetuity, to the community for a peppercorn rent.
Nuttall complained that some members of the 'community centre' publicly opposed the sale of public land (part of Einbunpin Lagoon Reserve) to build a supermarket.

Nuttall affected the closure of the centre.

The usually conservative editor of the local ''Bayside and Northern Suburbs Star'' newspaper Ren Zwiers, on 6 November 2002, in an editorial titled “'''''A lack of ethics prevails'''''”, regarding the centre's closure, said, <blockquote>“'''''This act has hit rock bottom in the ethics' department even by average political standards.'''''”</blockquote>

The [[public]] building and [[crown land]] was sold for private development.
<br />
<br />
*<big>'''Other matters'''</big>
In 1993, Nuttall sold his Sandgate residence to a construction company. In 1998, the re-surveyed and re-developed property was on-sold to one of the patronised developers.
<br />
<br />


==See also==
==See also==

Revision as of 08:40, 4 February 2010

Gordon Richard Nuttall (born 13 June 1953) was an Australian politician found guilty of corruptly receiving secret commissions in 2009 and jailed for seven years.[1][2] He was a member of the Labor Party until he resigned in 2007.

Political career

Nuttall was elected as the member for the safe seat of Sandgate to the State Parliament of Queensland on 19 September 1992. He retired on 9 September 2006.[3][4]

Before being elected to the Parliament he was an organiser for the Electrical Trades Union. Previously, he had been involved in controversy with Westpac Banking Corporation where he was employed as a teller.[5]

He served in the Beattie Government as:
Parliamentary Secretary to the Premier for Multicultural Affairs (29 June 1998 - 17 February 2001),
Minister for Industrial Relations (22 February 2001 - 12 February 2004),
Minister for Health, a senior portfolio in the Beattie Cabinet (12 February 2004 - 28 July 2005), and
Minister for Primary Industries and Fisheries (28 July 2005 - 7 December 2005).[4]

In 2004 he attempted to become Deputy Premier with a plan to overthrow the then Premier, Peter Beattie.[6]

In July 2005 he resigned as Health Minister following ongoing criticism of his handling of the, media-labelled, "Dr Death" scandal.[7] The scandal involved a senior surgeon Jayant Patel, at the Bundaberg Base Hospital. Patel has been accused of the deaths of thirteen people and may be associated with as many as seventeen fatalities. Nuttall asserted responsibility lay with the administrators of the Bundaberg hospital for failing to monitor Dr Patel's activities.[8] Nonetheless, in a 2005 Cabinet reshuffle, he was given the primary industries and fisheries portfolio.[4]

He later admitted he lied to a Queensland Parliamentary Estimates Committee about his knowledge of the scandal.[9][10]

Convictions for corruption

On 28 August 2005, Nuttall announced he was standing aside from the Primary Industries and Fisheries portfolio while the Queensland Crime and Misconduct Commission (CMC) investigated his comments at the Estimates Committee. Although he briefly returned to his ministerial duties before the completion of the CMC inquiry, he was eventually forced to resign from the Cabinet. He retired from Parliament at the 9 September 2006 election. He was succeeded as the Member for Sandgate by Vicky Darling.

In 2006 the CMC also began an investigation into a series of suspicious loans Nuttall received from Queensland mining magnate, Ken Talbot. [2]

On 19 January 2007, the CMC charged Nuttall with corruptly receiving payments totalling close to $300,000 from Mr Talbot.[11][12] He was also charged with receiving a secret commission, of $60,000 in 2002, from businessman and WorkCover Queensland director Harold Shand [13][14]

In December 2008, Nuttall appeared in the Brisbane Magistrates' Court and was committed to stand trial in the District Court of Queensland.[15]

Ten years earlier, on 12 May 1998, Nuttall said of his benefactor, Talbot, in Parliament,

I now turn my attention to ... one Mr Ken Talbot, the chairman of Sunrise Mining (Queensland) Pty Ltd. Mr Talbot has an interesting track record. He is a former senior employee of Bond Coal, lead by one Alan Bond, who, of course, is currently serving a jail term for white collar fraud. Honourable members do not need to be reminded of the very close and personal links that existed between the now disgraced Mr Bond and his close associates, of whom Mr Talbot was one, and the corrupt National Party Government that was thrown out of office in 1989. Nor do honourable members need reminding of the days of deals done in brown paper bags between corrupt National Party figures and shady businesspeople of the ilk of Mr Talbot and Mr Bond.[16]

On 29 June 2009, in the District Court of Queensland before Chief Judge Patsy Wolfe, Nuttall pleaded not guilty to 35 allegations he corruptly received money from Ken Talbot, and one charge of receiving a secret commission from Harold Shand.[17][18][19]

On 15 July 2009, a jury of twelve retired to consider its verdict regarding the matters.[20][21] After five hours of deliberation the jury unanimously returned 35 guilty verdicts on 35 counts of Nuttall corruptly receiving a total of $300,000 from Talbot between 2002 and 2005, and unanimously found him guilty of corruptly receiving $60,000 on 12 April 2002 from Shand.[1][22][23][24][25] On 17 July 2009 he was sentenced to seven years jail.[2][26]

The conviction spurred calls for a Royal Commission into relationships between big business and the Queensland Government.[27][28][29] On 28 July 2009, Fitzgerald Inquiry head Tony Fitzgerald QC criticised the ethical standards of the Queensland government.[30] On 1 August 2009, former Labor premier Wayne Goss echoed Mr Fitzgerald's concerns.[31]

On 14 August 2009, Nuttall lodged an appeal against his July 2009 conviction and sentence.[32] According to Quest Community Newspapers' Northside Chronicle (13 January 2010, p3), "The appeal will be heard on February 12 [2010]."

More corruption charges

On 16 July 2009, the CMC revealed it had recommended to the Queensland Director of Public Prosecutions that the more serious charge of official corruption be laid against Nuttall over a separate alleged secret cash payment.[33][34] The payment was allegedly from Queensland businessman Brendan McKennariey, involving a Queensland Health funded multi-million-dollar project that did not go to tender.[35][36]

On 25 August 2009, Nuttall was charged with five counts of corruptly receiving payments from Brendan McKennariey, and five perjury charges regarding evidence he gave to a closed hearing at the CMC.[37][38] It is believed Mr McKennariey (whose daughter Joanne worked as a staffer in Nuttall's Sandgate electorate office) has been offered indemnity in exchange for his testimony against Nuttall.[39]

On 9 September 2009, Nuttall appeared in the Brisbane Magistrates' Court charged with five counts of perjury, official corruption, and receiving payments totalling $152,700 from McKennariey between December 2001 and April 2006.[40][41][42][43] On 5 October 2009, the court decided Nuttall should face a committal hearing regarding all 15 charges.[44][45][46][47]

On 18 January 2010, at the committal hearing in the Brisbane Magistrates' Court, Principal Crown Prosecutor Ross Martin SC formally tendered statements from 25 witnesses and other evidence, and argued the matter should proceed straight to the District Court. Nuttall's barrister, John Rivet, acknowledged there was a prima facie case against his client. Magistrate Chris Callaghan then charged Nuttall with 10 counts of corruptly receiving or soliciting payments and five counts of giving false evidence, and referred the matter to the District Court. Nuttall, appearing via video link from prison, did not enter a plea. He asked for bail but Magistrate Callaghan said it was inappropriate. Outside court, Mr Rivet said Nuttall will be pleading not guilty and defending the charges.[48][49][50][51]

More allegations and house repossession

On 11 September 2009, reports emerged that two senior members of Nuttall's staff were sacked in 2002 after raising concerns to then premier Peter Beattie's office regarding Nuttall's awarding the McKennariey contract.[52] Beattie dismissed the alleged complaint as "just a general whinge" by claiming the complaint was not taken to the CMC by the sacked staffers at the time.[53][54][55]

Proceedings are underway, with respect to Queensland's Criminal Proceeds Confiscation Act 2002,[56][57] to confiscate Nuttal's Sandgate property. On 24 September 2009, the CMC began further proceeds-of-crime action in Brisbane's Supreme Court to seize his property at Woodgate, near Bundaberg.[58][59]

See also

References

  1. ^ a b "Nuttall found guilty of corruption". ABC News. 2009-07-15. Retrieved 2009-07-20.
  2. ^ a b "Nuttall jailed for 7 years". ABC News. 2009-07-17. Retrieved 2009-07-20.
  3. ^ 2004 State Election Results - Sandgate http://www.ecq.qld.gov.au/elections/state/state2004/results/district72.html
  4. ^ a b c "Gordon Nuttall". Queensland Parliamentary Library. 2005. Retrieved 2009-07-20.
  5. ^ "Anna Bligh's short walk is a long way from Joh Bjelke Petersen's era". The Australian. 2009-07-04. Retrieved 2009-07-20.
  6. ^ "Gordon Nuttall asked Anna Bligh to help roll Peter Beattie". Sunday CourierMail. 2009-07-19. Retrieved 2009-07-20.
  7. ^ "Qld health minister Nuttall resigns". Sydney Morning Herald. 2005-07-22. Retrieved 2009-07-20.
  8. ^ "Patel scandal fells an ailing minister". Sydney Morning Herald. 2005-07-23. Retrieved 2009-07-20.
  9. ^ "MPs cleared to lie in parliament". The Age. 2006-05-26. Retrieved 2009-07-20.
  10. ^ "Allegations concerning the Honourable Gordon Nuttall MP: Report of a CMC Iinvestigation" (PDF). Crime and Misconduct Commission Queensland. 2005. Retrieved 2009-07-20.
  11. ^ "Former Minister and Queensland businessman face charges". Crime and Misconduct Commission Queensland. 2007-01-19. Retrieved 2009-07-20.
  12. ^ "CMC charges Nuttall". ABC News. 2007-01-19. Retrieved 2009-07-20.
  13. ^ "Former minister and lawyer face charges". Crime and Misconduct Commission Queensland. 2007-12-04. Retrieved 2009-07-20.
  14. ^ "Top bureaucrat in Nuttall corruption probe". The Australian. 2007-12-05. Retrieved 2009-07-20.
  15. ^ "Gordon Nuttall committed to stand trial on further corruption charge". The Australian. 2008-12-08. Retrieved 2009-07-20.
  16. ^ [1]
  17. ^ Jason Rawlins (2009-06-29). "Nuttall corruption trial underway". ABC News. Retrieved 2009-07-20.
  18. ^ Mark Oberhardt (2009-06-29). "Gordon Nuttall at court to defend corruption charges". The Courier-Mail. Retrieved 2009-07-20.
  19. ^ Mark Oberhardt (2009-07-15). "Judge warns Gordon Nuttall jury care needed". The Courier-Mail. Retrieved 2009-07-20.
  20. ^ Emma Pollard (2009-07-15). "Jury retires to consider Nuttall verdict". ABC News. Retrieved 2009-07-20.
  21. ^ "Jury considers Nuttal verdict". The Australian. 2009-07-15. Retrieved 2009-07-20.
  22. ^ "Former minister guilty of corruption". The Australian. 2009-07-15. Retrieved 2009-07-20.
  23. ^ "Prosecutor says Nuttall should face lengthy sentence". ABC News. 2009-07-16. Retrieved 2009-07-20.
  24. ^ "Judge reserves decision on Nuttall". The Australian. 2009-07-16. Retrieved 2009-07-20.
  25. ^ "Judge delays Nuttall sentencing". ABC News. 2009-07-16. Retrieved 2009-07-20.
  26. ^ Tony Keim and Tristan Swanwick (2009-07-17). "Gordon Nuttall sentenced to seven years' jail". The Courier-Mail. Retrieved 2009-07-20.
  27. ^ Christine Kellett (2009-07-16). "Calls for royal commission into 'frontier state' Queensland". Brisbane Times. Retrieved 2009-07-20.
  28. ^ "Nuttall case sparks calls for business/govt probe". ABC News. 2009-07-18. Retrieved 2009-07-20.
  29. ^ http://abc.com.au/news/stories/2009/07/31/2641879.htm Queensland corruption row deepens (31-07-2009) ABC News
  30. ^ http://www.abc.net.au/news/stories/2009/07/29/2639445.htm Fitzgerald in new Qld corruption warning (29-07-2009) ABC News
  31. ^ http://abc.com.au/news/stories/2009/08/01/2643029.htm Goss backs Fitzgerald's Qld corruption concerns
  32. ^ http://www.news.com.au/couriermail/story/0,23739,25927692-5003402,00.html Nuttall appeals jail sentence - The Courier Mail - Mark Oberhardt (14 August 2009)
  33. ^ http://www.news.com.au/couriermail/story/0,23739,25789710-952,00.html 'Corrupt ex-minister Gordon Nuttall faces more charges' - Couriermail.com - Michael McKenna and Sarah Elks (16 July 2009)
  34. ^ http://www.theaustralian.news.com.au/story/0,25197,25794076-5006786,00.html 'New Nuttall case involves ALP-linked water project' - The Australian - Michael McKenna (17 July 2009)
  35. ^ http://news.smh.com.au/breaking-news-national/gordon-nuttall-to-face-10-extra-charges-20090825-ex5z.html The Sydney Morning Herald - 'Gordon Nuttall to face 10 extra charges' - Paul Osborne and Gabrielle Dunlevy (25 August 2009)
  36. ^ http://www.theaustralian.news.com.au/story/0,25197,25982969-5006786,00.html 'Gordon Nuttall faces charges over $150k 'bribes - The Australian - Michael McKenna (26 August 2009)
  37. ^ http://www.abc.net.au/news/stories/2009/08/25/2666006.htm ABC Online - 'Nuttall faces more corruption charges' (25 August 2009)
  38. ^ http://www.theaustralian.news.com.au/story/0,,26047314-2702,00.html?from=public_rss The Australian - 'Gordon Nuttall's betrayer gets plum project' - Michael McKenna (9 September 2009)
  39. ^ http://www.theaustralian.news.com.au/story/0,25197,25982969-5006786,00.html The Australian - 'Gordon Nuttall faces charges over $150k 'bribes' ' - Michael McKenna (August 26, 2009)
  40. ^ http://www.news.com.au/couriermail/story/0,23739,26048100-3102,00.html 'Gordon Nuttall in court again' - Courier Mail - Tony Keim (9 September 2009)
  41. ^ http://www.brisbanetimes.com.au/queensland/barefoot-and-dishevelled-nuttall-leaves-cell-20090909-fgqt.html 'Barefoot and dishevelled: Nuttall leaves cell' - Brisbanetimes.com - Amelia Bentley (9 September 2009)
  42. ^ http://abc.com.au/news/stories/2009/09/09/2680756.htm 'Former Qld minister in court again' - ABC News - Stephanie Smail (9 September 2009)
  43. ^ http://news.theage.com.au/breaking-news-national/nuttall-faces-corruption-charges-in-qld-20090909-fh04.html 'Nuttall faces corruption charges in Qld' - The Age - Jessica Marszalek (9 September 2009)
  44. ^ http://www.theaustralian.news.com.au/story/0,25197,26166777-5006786,00.html The Australian - 'Nuttall to face committal hearing on corruption charges' - Sarah Elks (5 October 2009)
  45. ^ http://www.news.com.au/couriermail/story/0,20797,26167700-3102,00.html?from=public_rss The Courier Mail Online - 'Gordon Nuttall to face hearing on fresh corruption charges' - Tony Keim (5 October 2009)
  46. ^ http://news.brisbanetimes.com.au/breaking-news-national/nuttall-to-face-court-hearing-in-january-20091005-givi.html Brisbanetimes.com - 'Nuttall to face court hearing in January' (5 October 2009)
  47. ^ http://www.news.com.au/couriermail/story/0,,26598768-3102,00.html Courier Mail Online - 'Nuttall hearing into fresh corruption charges' - Christine Flatley (17 January 2010)
  48. ^ http://www.news.com.au/couriermail/story/0,,26600928-5003402,00.html Courier Mail Online - 'Nuttall for trial on new charges' (18 January 2010)
  49. ^ http://www.abc.net.au/news/stories/2010/01/18/2794353.htm ABC Online - 'Nuttall to stand trial for corruption' - Jason Rawlins (18 January 2010)
  50. ^ http://www.theaustralian.com.au/politics/state-politics/gordon-nuttall-to-stand-trial-on-corruption-charges/story-e6frgczx-1225820790041 The Australian - 'Gordon Nuttall to stand trial on corruption charges' - Sarah Elks (18 January 2010)
  51. ^ http://news.smh.com.au/breaking-news-national/nuttall-faces-fraud-and-corruption-trial-20100118-mf37.html The Sydney Morning Herald Online - 'Nuttall faces fraud and corruption trial' - AAP (18 January 2010)
  52. ^ http://www.news.com.au/couriermail/story/0,27574,26055647-3102,00.html Courier Mail - 'Gordon Nuttall staffers raised alarm over alleged deal' - Steven Wardill (11 September 2009)
  53. ^ 'ALP denies staff claim over Gordon Nuttall' - Courier Mail - Steven Wardill (11 September 2009)
  54. ^ http://www.abc.net.au/worldtoday/content/2009/s2683028.htm ABC Radio - The World Today - 'Beattie denies knowledge of Nuttall allegation'- Annie Guest (11 September 2009)
  55. ^ http://www.abc.net.au/news/stories/2009/09/11/2682717.htm ABC News Online - 'Two sacked over raising Nuttall concerns: report' - Andree Withey and Kerrin Binnie (11 September 2009)
  56. ^ http://www.cmc.qld.gov.au/data/portal/00000005/content/96701001133482241700.pdf Recovering the Proceeds of Crime - Fact Sheet - Crime and Misconduct Commission (2005)
  57. ^ http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminPrCoA02.pdf Criminal Proceeds Confiscation Act 2002
  58. ^ http://www.theaustralian.news.com.au/story/0,,26121959-2702,00.html The Australian - 'Gordon Nuttall faces loss of beach house' - Michael McKenna (25 September 2009)
  59. ^ http://www.abc.net.au/news/stories/2009/09/25/2696000.htm ABC Online - 'CMC lodges court action against Nuttall' (25 September 2009)
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