Corruption watchdog dismisses charges against high-profile former mayor Allan Sutherland

The crown has offered no evidence in the case of a former high-profile South East Queensland mayor facing charges of misconduct in public office.

Misconduct charges brought against a former mayor by Queensland’s corruption watchdog have been dropped.

Former Moreton Bay Mayor Allan Sutherland was facing two counts of misconduct in public office until the crown today offered no evidence on the charges which were dismissed by Magistrate Mark Nolan.

He had been accused of influencing council over a road upgrade past his property and lobbying councillors in relation to a planning scheme.

It is the latest setback for the Crime and Corruption Commission (CCC) who charged Mr Sutherland following an investigation.

He was charged and suspended as mayor of the Moreton Bay Regional Council in December 2019.

The Crown had alleged that while mayor he influenced a councillor and/or council employees to change the scope and timing of an upgrade to a road that runs past a property he owns.

At the time council was developing Moreton Bay Sporting Complex at the opposite end of Sutherland’s property on Paradise Rd in Burpengary.

The Crown also alleged he lobbied councillors to change proposed amendments to the planning scheme, as it related to service stations, to assist a future development.

Crown prosecutor Sarah Farnden said the decision to offer no evidence was made after considering submissions from Sutherland’s legal team and a recent appeal decision.

Sutherland’s barrister, Saul Holt QC, declined to comment outside court.

Former Moreton Bay mayor Allan Sutherland leaves a Brisbane court in this file photo. Picture: Steve Pohlner

Today’s dismissal of the charges mirrors the CCCs collapsed case against eight Logan councillors it had charged with fraud, which triggered a parliamentary inquiry into the corruption fighting body.

The hearing lasted less than five minutes.

Speaking outside court, Sutherland said the CCC was “out of control” and its boss Alan MacSporran should resign in order for change to be instituted.

“I believe the CCC are out of control … they have systemic problems throughout the organisation and I’ll be working with whoever it takes that another mayor doesn’t have to go through what I’ve been through,” he said.

“I’d never done anything wrong and I think the investigation was appalling.

“I believe the state of Queensland deserves much better than what we’re getting from the CCC, they should have no faith in that organisation whatsoever.

“There has to be change in that organisation and you can’t do that and you can’t do that while you have the current top echelon in place.”

Mr Sutherland said his phone conversations were recorded 8000 times, including personal discussions with his pregnant daughter.

Mr Sutherland said he had been confident of today’s outcome from “day one … I said it quite publicly I’d done nothing wrong.”

He said he had no plans to return to local government after being involved in it for 25 years.

Gnech and Associates managing director Calvin Gnech, an expert in criminal law and CCC investigations, said he would write to the Attorney-General asking for the inquiry recommended by the PCCC be ordered “as soon as possible”.

“Throughout 2021 there were a number of humiliating and catastrophic prosecution failures by the Crime and Corruption Commission,” he said.

“This cavalier approach to criminal prosecutions being adopted by the CCC not only causes irreversible damage to those accursed, both personally and professionally, but also squandered millions of taxpayers’ dollars.”

He said confidence in the CCC had reached “an all-time low”.

The Parliamentary Crime and Corruption Committee report was tabled in parliament with damming recommendations about the conduct, culture and competence of the CCC as an organisation.

The PCCC found the CCC discretion to charge eight Logan City councillors with fraud in 2019 miscarried “because all material considerations and evidence were not taken into account and weighed”.

The PCCC also found that CCC chair Alan MacSporran did not ensure the watchdog acted at all times independently and impartially, a “serious” failing that reflected “poorly” on the CCC.

“It is highly disappointing that since these extraordinary recommendations and findings back on 2 December 2021 were made by the PCCC about the state corruption watchdog there has been radio silence from Government,” Mr Gnech said.

“One would have thought with these types of astonishing findings being made about the CCC the recommended inquiry would be a matter of urgency however the Government has not yet made any announcements or appointments or even advised the public if the PCCC recommendation for a further inquiry is going to be followed.

“It would be an incredible chain of events if the Government refused to follow the PCCC recommendation in these circumstances and now after an even further high profile failure by the CCC.”

CCC chair Alan MacSporran QC. Picture: Liam Kidston

Mr Gnech said the inquiry recommended by the PCCC needed to proceed urgently.

“If not already enough, now at the start of 2022, the CCC have continued in the same tenor with the withdrawal of the CCC corruption charges against Former Moreton Bay Mayor Allan Sutherland,” he said.

“This is yet another compounding reason why the Inquiry into the CCC recommended by the PCCC must go ahead and must be convened as a matter of urgency.”

Mr Gnech did not support calls for Mr MacSporran’s immediate dismissal.

“It would be ironic if this was to occur without there first being a robust and fair process adopted given that is exactly what happened to the Logan Councillors,” he said.

“It does not matter who it is, if a person is to have their careers irreversibly damaged or their livelihoods taken from them the law should make it difficult for such action to occur and if it was to occur it must be a fair process – the presumption of innocence must return to prominence when it comes to CCC investigations.

“These Councillors should never have had their careers and livelihood taken from them without due process and on the basis of a mere unproven allegation alone.”

“This further inquiry into the CCC’s conduct will explore all of these issues and adopt principles of procedural fairness for those being accused. Only then should any adverse action be taken against individuals, and only then will we know what needs to be fixed so we can get back to a position where the community, the government and all stakeholders of Queensland can have confidence and faith in the State’s chief watchdog again.”

The Local Government Association of Queensland has also called for Mr MacSporran to resign saying today’s outcome was “the last straw”.

LGAQ CEO Alison Smith said her organisation had today written to Premier Annastacia Palaszczuk asking Mr MacSporran be removed.

“CCC Chair Alan MacSporran should have resigned in December last year after the Parliamentary Crime and Corruption Committee found he seriously failed in his duty to ensure the CCC acted at all times independently and impartially in relation to its wrongful pursuit of a group of former Logan councillors,” she said in a statement.

“If he has any respect for the institution he represents, he should do the right thing. If he won’t then the State Government and the Parliament must act.

“This must be the final straw.”

Ms Smith said Queenslanders needed to have confidence in the watchdog and the confidence could not be restored until Mr MacSporran “stands down or is replaced.”

The Queensland Government is expected to consider the fate of Mr MacSporran at Monday’s Cabinet meeting.

Deputy Premier Steven Miles on Thursday would not be drawn on whether the chairman’s tenure should end.

“The decisions regarding those appointments are very serious and there are serious processes around ensuring the integrity of them,” he said.

“The concerns of particularly the local government sector have been well ventilated by them and by the LGAQ.

“These are matters very closely being monitored by the PCCC and no doubt there’s more to be said.”