Judge sets aside Allan David McQueen’s indefinite parole suspension

A convicted killer who bashed an inmate to death may be released into the community soon after a judge ruled it was ‘unfair’ that the Department of Corrections indefinitely suspend his parole.

Convicted murdered Allan David McQueen is one step closer to freedom after a judge ruled at the Department of Corrections made an error when it indefinitely suspended his parole.

McQueen is serving a life sentence for bashing a fellow inmate to death in 1994 and had previously escaped from Brisnane’s Boggo Road jail.

The heavily tattooed Toowoomba man was released on parole and was living in the community when he was caught driving while drug affected in on June 11, 2020.

He was also named as the prime suspect in 1989 murder of Toowoomba girl Annette Mason.

She was found bashed to death in an Anzac Avenue home.

However, McQueen swore he was innocent when he gave evidence at 2018 inquest in the death.

At the time the department made the decision to indefinitely suspend McQueen’s parole based on several factors.

Along with a charge for drugged driving, the department also referenced McQueen’s failure to comply with his parole conditions by removing his electronic monitoring device, failing to recharge it, failing to comply with his curfew and his continued association with underworld figures.

The department also referred to confidential information, “the disclosure of which was not in the public interest.”

A judge ruled in favour of setting aside convicted murderer Allan McQueen’s indefinite parole suspension.

In its justification, the department said “there was a link between (McQueen’s) substance abuse and past offending including offences of violence and engagement in organised crime for financial gain.”

The matter was subject to multiple appeals with McQueen requesting more information about the confidential information that the department had based its decision on.

But this detail was never supplied.

It was put before the Supreme Court on Thursday where Judge Sue Brown found in favour of the murderer.

She said the department did not meet the legal requirements to indefinitely suspend parole and point out the error in relying on confidential information.

This was aggravated by McQueen’s criminal history which put an onus on him to prove why he was entitled to parole.

“In circumstances where a prisoner has to show cause and provide submissions in response, the information notice did not disclose adequate reasons, material findings of fact or evidence or material relied upon as required in the information notice to allow the prisoner to meaningfully respond.”

Judge Brown said the result was the department had “denied” McQueen procedural fairness.

She set aside the indefinite suspension and ordered the department to remake its decision according to law and that the department pay McQueen’s costs.

Originally published as Judge sets aside Allan David McQueen’s indefinite parole suspension