Ex-Logan councillors break silence over CCC trauma and call for an apology

Seven former Logan City councillors are hoping for an apology on Monday after claiming charges against them were “politically motivated” in submissions made to the Fitzgerald 2.0 inquiry.

Seven former Logan City councillors have broken their silence and say they are hoping for an apology after findings from the Fitzgerald 2.0 inquiry into the state’s crime watchdog are tabled in state cabinet on Monday.

There were 87 submissions lodged with the inquiry, including 22 that were not made public, and two from former Logan City councillors revealing damning details about the handling of their cases.

Other vindicated councillors Trevina Schwarz, Phil Pidgeon, Russell Lutton, Steve Swenson and Jennie Breene made a joint submission.

Four councillors, who tried to expose alleged corruption in Logan, have failed to make public submissions to the Fitzgerald 2.0 inquiry into the state’s crime watchdog. Tony Fitzgerald handed down his report into the Crime and Corruption Commission on Tuesday. It included 87 submissions, as well as those from eight ex-Logan councillors who were charged with fraud and later exonerated.

The inquiry, which had the same powers as a Royal Commission, was headed by the well-known former judge Tony Fitzgerald, who was asked to assess the conduct of the state’s crime watchdog after it charged eight Logan City councillors with fraud in 2019.

The councillors were charged with fraud after voting to sack the then CEO Sharon Kelsey.

Former Logan City councillors who were exonerated, from left, Trevina Schwarz, Phil Pidgeon, Russell Lutton with lawyer Terry O'Gorman.

Those charges were dropped two years later at the request of the Director of Public Prosecutions, who claimed there was a lack of evidence to proceed with the Logan cases.

Logan’s former treasurer Ms Schwarz gave an emotional account before the Parliamentary Crime and Corruption Committee last year.

She told how she felt humiliated and frightened when she was taken in a police car from the CCC headquarters to the police station, where she had to have a mugshot taken and give a DNA sample.

“The way it was handled was calculated and frightening,” Ms Schwarz said.

“I got a phone call after 5pm while I was driving home on Wednesday, April 24, the day before the Anzac Day public holiday,” she said.

“I was told I had to present to the CCC headquarters on the Friday after the public holiday and I had no time to call a lawyer as it was after 5pm and the next day was a public holiday.

“It was a harrowing 24 hours waiting to officially be charged.

“But the worst part was standing in front of a board for a mugshot and having to give DNA like a criminal.

“From that ordeal, I will never recover.”

Former Logan Acting mayor Cherie Dalley said the CCC should not have the powers to charge people.

Logan’s former acting mayor Cherie Dalley made a two-page submission to the inquiry along with former long-serving councillor Laurie Smith, whose emotional affidavit said he was sacked without receiving any natural justice.

Ms Dalley stepped into the role of acting mayor after former mayor Luke Smith was charged with integrity offences in March 2018.

Her affidavit, submitted in June, gives a scathing appraisal of how she and others at the council were “unfairly treated” following what she termed “unsubstantiated, biased and politically motivated” allegations.

“It must also be said that Logan City Council was not the only council that suffered from an

overabundance of ignorance of the political world of Local Government within the CCC,” Ms Dalley wrote.

“By my count, over at least 21 members of councils across Queensland were charged resulting in several cases of the loss of position, reputation, and livelihood.

“All 21 of these charges were found to be unsubstantiated.

“The CCC should be able to investigate but not charge as this should be the responsibility of the Department of Public Prosecutions and the Queensland Police Service.

“This would ensure that all evidence is heard and investigated including that of those making allegations which in the Logan Case have clearly been shown to be unsubstantiated, biased and politically motivated.”

Former Logan City councillor Laurie Smith arrives at the Brisbane Magistrates Court in May 2019 to face fraud charges.

Mr Smith, who served on Logan council for more than seven years, told of the emotional rollercoaster ride following the public humiliation and the loss of income.

His submission said he believed the councillors charged with fraud were victims of a predetermined outcome instigated by senior members of the CCC.

He said he spent the past two years in isolation, barred from speaking with his colleagues.

“We were maliciously charged with a character, career and reputational destroying charge of fraud,” he said.

“We were publicly humiliated and sacked from our roles as elected members with no natural justice applied.

“We lost our incomes, and the ability to contest our seats in the 2020 election.

“Emotional and mental anguish became our norm as being an honest person and to be charged with a serious criminal offence has a debilitating effect on your self esteem, confidence and sense of worth.

“Our reputations have been destroyed and we will forever have the shadow of the word fraud casting a false impression against us.”

Logan ex-mayor Luke Smith and his councillors in 2017, from left, Laurie Smith, Trevina Schwarz, Phil Pidgeon, Lisa Bradley, Steve Swenson, Luke Smith, Cherie Dalley, Darren Power, Laurie Koranski, Jon Raven, Russell Lutton, Stacey McIntosh and Jennie Breene.

Former councillor Phil Pidgeon said he wanted an apology from the state government and premier “at the very least” on Monday after a gruelling past three years.

But Attorney-General Shannon Fentiman said an apology was up to the CCC and refused to comment because of legal action by the former councillors.

“An apology from the CCC and from the Premier would be the start and part of the overall process,” Mr Pidgeon said.

“There is no legal action yet and we hoped that this would be sorted outside of any more court cases.

“So the government is free to comment because at the moment there are only discussions between the parties about compensation.”