Logan councillors try to stop sacked CEO Sharon Kelsey from getting CCC transcripts

LOGAN councillors and suspended mayor Luke Smith are battling to block anti-corruption authorities from handing transcripts of coercive hearings to an ex-top official who claims she was sacked for turning informant.

Suspended Logan mayor Luke Smith with former council CEO Sharon Kelsey.

• Kelsey vows to continue fight

LOGAN councillors are battling to block anti-corruption authorities from handing transcripts of coercive hearings to an ex-top official who claims she was sacked for turning informant.

Majority councillors and suspended mayor Luke Smith are fighting a move in court that would see the secretive Crime and Corruption Commission investigative material potentially passed to lawyers for former council chief executive officer and whistleblower Sharon Kelsey.

Ms Kelsey was terminated by the council in February after reporting corruption allegations to the CCC against Smith, who has since been charged with official corruption and suspended.

Smith has vowed to vigorously defend the charges.

Ms Kelsey has taken unfair dismissal action in the Queensland Industrial Relations Commission, alleging her sacking was retribution for going to the CCC in October. A court ruled in June she was not allowed to return to the post before her unfair dismissal case is heard on July 30.

She claims seven majority councillors who voted for her dismissal were aligned with Smith.

It was revealed in the QIRC on Wednesday that Ms Kelsey’s lawyers served the CCC a notice to provide documents relating to her allegations.

The CCC has been investigating the council and last month searched the homes of the seven councillors (Russell Lutton, Steve Swenson, Laurie Smith, Cherie Dalley, Phil Pigeon, Trevina Schwarz and Jennie Breene). The councillors have denied any wrongdoing.

The search followed an earlier warning by the CCC that sacking Ms Kelsey would be unlawful if it was on the basis she had helped its corruption probe.

Commissioner John Thompson told Wednesday’s hearing the CCC wrote to the QIRC on Tuesday identifying documents, including communications, transcripts of closed investigative hearings and “lawfully intercepted information” under the Telecommunications (Interception and Access) Act.

But lawyers for the councillors argue the information cannot be used in the case as it was gathered using the CCC’s coercive investigative powers and could prove self-incriminating.

Barrister for the council Andrew Herbert this week told the hearing it was “inconceivable” to consider the CCC’s secretive ‘star chamber’ hearings would be provided to a civil litigant.

He said it was not the job of the CCC to “wade in on (Ms Kelsey’s) side of the argument” just because its investigation was aligned with Ms Kelsey’s legal action.

“They are feeding material in at the behest of one of the parties,” he said.

The matter has been adjourned to next Wednesday.