Former state archivist claims minister got off on ‘technicality’ over mangocube account

The former state archivist has called on the Government to finally release the report of his Mark Bailey Mangocube email investigation.

Former state archivist Mike Summerell has called on the State Government to finally release the report of his Mark Bailey Mangocube email investigation, as questions rage over integrity in government.

Mr Summerell said he always intended for the report to be released, but it never had been.

His calls follow a refusal on Thursday by Arts Minister Leeanne Enoch’s office to even release the recommendations in the report.

A spokesman would say only that some had been implemented and some were still in the process of being implemented, despite the passage of five years.

“In Oct 2017 I provided my independent final report on my investigations into the allegations against Minister Mark Bailey to the director-general of DSITI (Department of Science, Information Technology and Innovation),” Mr Summerell said today.

“My expectation when I wrote the report was that it would be released to the public.

“I considered the Minister Bailey investigation was one of significant public interest and that there would be an expectation that the report would be made public.

“This report was not my report to the CCC.”

Days later, the 2017 election was called, he said.

“At this time, debate around integrity, transparency and accountability is raging,” Mr Summerell said.

“The Government is stating that it believes in transparency and accountability, (and) in 2015 it campaigned on ensuring transparency and accountability.

“I call on the Government to release the independent report on my investigation, as state archivist, into the allegations against Minister Bailey in full immediately.

“I believe it is now clearly in the public interest that the full report is made available to the Queensland public.”

Overnight, it was reported a “technicality” allowed Mr Bailey to escape prosecution over his use of a private email account, the former state archivist claims.

Mr Summerell, whose growing claims of political interference into his former office are now subject of a Department of Premier and Cabinet investigation, has hit out at the handling of his 2017 investigation into the transport minister’s mangocube email account.

Transport Minister Mark Bailey was cleared of wrongdoing by the Crime and Corruption Commission. Picture: Steve Pohlner

Mr Summerell told The Sunday Mail it was “incorrect to imply that my report cleared Minister Bailey” of wrongdoing over his use of a private email account for government business.

The former state archivist argued Mr Bailey had breached section 13 of the Public Records Act relating to “unauthorised disposal” of government records.

His claim is in contrast to the findings of the Crime and Corruption Commission, which argued a permanent disposal of records had not occurred because they were able to be recovered, and found there was no “definition of disposal” to apply penalty.

However, Mr Summerell argues Mr Bailey had technically abandoned the emails by deleting them.

“I considered Minister Bailey’s action in deleting the account and then recovering as abandonment and a breach of Schedule 13, unauthorised disposal,” the former State Archivist said.

“He was in possession of the records, he had no control of the records, they had been deleted with a clear intent and warning message that this action would result in deletion within a period time.

“I consider that Minister Bailey avoided action mostly due to technicalities.”

Mr Summerell said the CCC’s decision to clear Mr Bailey of corruption was a “reasonable conclusion to make”.

A Palaszczuk government spokesman said a comprehensive investigation cleared Mr Bailey of any wrongdoing.

“The independent watchdog the CCC fully investigated and dealt with this matter in 2017,” he said.

Former state archivist Mike Summerell claims there was political interference in his independent office.

Mr Summerell said he had “no idea” what happened to his report into the saga, which was finalised just days before Premier Annastacia Palaszczuk called the 2017 election and detailed recommendations to improve governance and close “loopholes”.

“A lot of the minor recommendations have been completed however some of the major recommendations have never (been) completed,” he said.

Department of Premier and Cabinet Director-General Rachel Hunter has until March 4 to report back on Mr Summerell’s claims of political interference in his independent office.

Deputy Premier Steven Miles on Saturday denied Labor ranks were growing agitated as the integrity scandal continued, despite one experienced MP telling The Courier-Mail “where there’s smoke, there’s fire”.

“I talk every day to our MPs, they’re never backwards in telling me what they think and they’ve not expressed views of concern,” he said.

“Obviously, the continued mud being slung by the Opposition Leader … our MPs would prefer not to see that but they know … they indicated that the government is following the appropriate process in every case.”

Deputy Premier Steven Miles says every integrity matter has been investigated by the Crime and Corruption Commission. Picture: Liam Kidston

Mr Miles said Queensland had a “Royal Commission into integrity every single day” through the work of the Crime and Corruption Commission.

“Every single matter that has been raised, either has been investigated, or is being investigated by the appropriate body, in many cases the CCC,” he said.

Opposition Leader David Crisafulli seized on the comments from Labor MPs and said the Premier was “defending the indefensible”.

“That fire is an integrity inferno burning through the government,” he said.

“Anything short of a full blown Royal Commission into the integrity crisis running through the government is a cop out.”

Mr Crisafulli called for a “brave backbencher” to publicly speak out against the government.