Court dismisses ‘fishing expedition’ request for text messages

THERE’S been a fresh twist in a bid by suspended Logan council Mayor Luke Smith and several councillors to uncover a series of text messages between sacked chief executive Sharon Kelsey and five other councillors.

A COURT has thrown out a bid to obtain a series of text messages between sacked chief executive Sharon Kelsey and five Logan City councillors.

The Queensland Industrial Relations Commission also dismissed a request for text messages between Ms Kelsey and former mayors Pam Parker and John Freeman and for texts with Albert & Logan News.

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Logan City Councillors in 2017 with mayor Luke Smith.

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The court dismissed the request for the text messages and correspondence between Ms Kelsey and councillors Lisa Bradley, Laurie Koranski, Jon Raven, Stacey McIntosh and Darren Power.

However, two requests for details from Ms Kelsey, including information from an affidavit filed in January and evidence about alleged meetings were allowed.

The requests were made by suspended mayor Luke Smith and the council, along with seven Logan City councillors, who voted to sack Ms Kelsey.

Former CEO of Logan City Council Sharon Kelsey. (AAP Image/Josh Woning)

The seven who applied for the information are Russell Lutton, Steve Swenson, Laurie Smith, Phil Pidgeon, Cherie Dalley, Trevina Schwarz and Jennie Breene, who are all being sued by Ms Kelsey.

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At a council function, from left Cr Stacey McIntosh (now suspended); sacked CEO Sharon Kelsey, Cr Laurie Koranski, Cr Darren Power and Cr Jon Raven.

In his September 5 order, QIRC deputy president Daniel O’Connor dismissed four of six requests for information, branding them as “a fishing expedition”.

“What is requested ... is in my view, a purely speculative investigation,” the order said.

“A request for disclosure must not be in the nature of a fishing expedition in the sense that it is an endeavour not to obtain evidence to support a case but to discover whether there is a case at all. I am of the view that the request ... is properly characterised as a fishing expedition.”

The court heard that on July 5, Cr Koranski disclosed documents, including text messages between her and Ms Kelsey, and her and former mayor Parker.

In his order, Mr O’Connor said the text messages revealed Cr Koranski and Ms Kelsey had discussed the litigation and Ms Kelsey thanked Cr Koranski “for her attempts to gain media attention”.

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