By Matt Dennien
The head of Queensland’s corruption watchdog has been spared but the body itself is under pressure to be reined in, having “failed in its duty” when charging seven Logan councillors and the city’s mayor for fraud.
The Queensland parliamentary committee with oversight of the Crime and Corruption Commission has spared the role of chair Alan MacSporran, but called on the government to subdue its powers and independence.
A commission of inquiry, with the powers of a royal commission, has also been recommended into the watchdog’s ability to investigate and lay charges.
Crime and Corruption Commission chair Alan MacSporran, pictured with Premier Annastacia Palaszczuk at his appointment in 2015.Credit: Dan Peled
Parliamentary Crime and Corruption Commission Committee chair John Krause on Thursday handed down the findings and recommendations of this year’s lengthy public inquiry into the Logan council saga, after the charges were dropped due to a lack of evidence.
The charges, laid in May 2019 and relating to allegations they had worked to sack then-chief executive Sharon Kelsey for blowing the whistle on separate concerns, left the council without a quorum and triggered its dismissal under the same 2018 corruption-busting laws which forced their suspension while facing criminal matters.
Mr Krause’s committee launched the inquiry after a complaint from the Local Government Association of Queensland that the corruption watchdog had “impartially interfered” in an industrial relations case regarding Ms Kelsey’s termination, lacked independence and acted outside its powers.
“The committee finds that the CCC involved itself in Ms Kelsey’s [Queensland Industrial Relations Commission] proceedings and sought to make documents it obtained under compulsion available to her in that proceeding,” Mr Krause told parliament.
He said the committee found the watchdog’s decision to charge the councillors was “affected by a desire” to assist Ms Kelsey and failed because it did not properly weigh all considerations and evidence.
The committee has recommended the government review the effectiveness of protections given to people making public interest disclosures and the balance between the watchdog’s ability to use information and detriment to others by doing so.
It recommended the government consider requiring the watchdog to get the recommendation of the Director of Public Prosecutions or an independent legal adviser before laying serious criminal charges.
“It is my view, a commission of inquiry – a royal commission as they were known – should consider this further,” Mr Krause said.
The committee also recommended reviewing the role of seconded police officers, further limiting the tenure of senior watchdog officers – including the chairperson – as also raised in the body’s recent five-yearly review, and that it “engage in a reform of culture”.
While finding chair Mr MacSporran “did not ensure the CCC acted independently and impartially”, the LNP-led but Labor government-weighted committee departed from one key finding left open to it by counsel assisting the inquiry, Dr Jonathan Horton QC, that his appointment could be terminated.
“We are of the view that this report speaks for itself,” Mr Krause said.
“The committee makes these findings in full awareness of their gravity, but cognisant also of the need to ensure that where things have gone awry in the past, findings are made in seeking to prevent those mistakes occurring in the future.”
He also labelled “highly concerning” cautions he received from several people throughout the course of the inquiry that pushing too hard could have “consequences”.
The watchdog said in a statement it would consider the report, with Mr MacSporran to continue in his role and looking forward to “an ongoing and productive relationship” with the committee.
It also said it had concerns about how some elements of the inquiry were conducted and would support the publication of a September letter to the committee supporting this.
Legal counsel for the CCC told the committee inquiry some criticisms levelled against the watchdog were wrong.
Attorney-General Shannon Fentiman said the government would consider the report’s calls. The Katter’s Australian Party has backed the establishment of commission of inquiry.
LGAQ president and Sunshine Coast mayor Mark Jamieson reiterated calls for an apology and compensation for the cleared Logan councillors, Mr MacSporran to stand aside and the government to quickly implement the recommendations to restore the watchdog’s integrity.
First appointed to the role in 2015 for a five-year term, Mr MacSporran was reappointed last year until August 2023. He has previously defended the decision to charge the councillors.
A number of other recent high-profile charges laid by the watchdog have also been dropped, failed in court, or overturned.
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