Terry O’Gorman says CCC investigation must wait until Palaszczuk government completes shield laws review

A veteran lawyer says it would be an injustice if the CCC continued to investigate a journalist while Queensland’s shield laws were under review.

The long-serving vice president of Queensland’s Civil Liberties Council Terry O’Gorman today called on the CCC investigation into a television journalist be suspended until the Palaszczuk Government finalises its review into possibly expanding new shield laws to the corruption watchdog.

Mr O’Gorman – a criminal defence lawyer for 46 years’ with a “significant interest in how the CCC exercises its powers” – said it would be an “injustice” if the watchdog continued its probe into Journalist F.

Journalist F is expected to be hauled back before a star-chamber hearing within days in a bid to identify his confidential sources.

“It is my understanding that when journalistic shield laws were introduced in May, the Attorney-General said more complex issues relating to (extending the legislation) to the CCC had to be addressed,” Mr O’Gorman said.

“She didn’t say what these complex issues were, or what consultation would be occurring – but there have been some reports suggesting this process could take 12 months.

Veteran lawyer and Queensland’s Civil Liberties Council vice president Terry O’Gorman. (Picture: Dave Hunt

“Therefore, in the public interest I would argue that the prosecution case against Journalist F be suspended until any decision is made about a potential change to the shield laws (to include the CCC).

“If Journalist F is jailed under current laws, which ultimately could be changed in relation to journalists claiming source privilege, then that would be fundamentally wrong and unjust.

“I believe it is also fundamentally unfair for “F” to continue incurring the mental anguish, and legal expenses by having this hanging over his head, while the Government takes so long to consider any shield law change”.

Journalist F has been embroiled in hearings since he received a tip-off from a police officer in 2018 about an impending raid on the home of a murder suspect who was also the subject of a joint counter-terrorism investigation.

The CCC called Journalist F into a Star Chamber hearing where he argued he did not have to answer due to “public interest immunity”.

Last November, the Queensland Court of Appeal upheld a decision by the Supreme Court judge who found public interest immunity did not extend to protect a journalist’s confidential sources – meaning Journalist F is set to be hauled back before the CCC and threatened with a $26,690 fine or five years’ in prison if he continues to refuse to answer questions.

In May, Queensland became the last Australian jurisdiction to pass media shield laws protecting reporters from prosecution when they refuse to name sources in court proceedings.

The LNP moved amendments to protect reporters from CCC prosecution, which were supported by the Greens, but they were voted down by government MPs.

The Queensland Council for Civil Liberties supported broadening of the shield laws to include the CCC in a submission to Parliament’s Legal Affairs and Community Safety Committee. Similar support came from Bar Association of Queensland president Tom Sullivan QC and Queensland Law Society president Kara Thomson in their submissions.

Mr O’Gorman, who was an outspoken critic when another journalist, only identified as Witness D, was hauled before the CCC’s precursor, the Crime and Misconduct Commission in 2008, said he hoped the government would consult with the Queensland Council for Civil Liberties on any future amendments.

“Journalist shield laws are an aspect of the right to freedom of speech,’’ he said.