Council rort probe after complaints file in about Black Swan Lake

QUEENSLAND’S corruption watchdog, the Crime and Corruption Commission, has launched a full investigation into Gold Coast City councillors regarding the decision to fill in Black Swan Lake.

QUEENSLAND’S corruption watchdog has launched a full investigation into Gold Coast City councillors regarding the decision to fill in Black Swan Lake.

The Crime and Corruption Commission late yesterday announced it was “in the public interest” to conduct its own inquiry into allegations of corrupt conduct relating to decision-making by some councillors.

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“The allegations broadly involve possible conflicts of interests relating to decisions on a range of development matters on the Gold Coast,” the CCC said in a statement.

Black Swan Lake. Photo: Michelle Hare

The CCC said it had “referred some matters in September 2017 to the then Department of Local Government, Infrastructure and Planning (DILGP) to investigate subject to the CCC’s monitoring role”.

A Bulletin report in January revealed the CCC had received a complaint about the conduct of councillors to allow the Gold Coast Turf Club to fill in the lake to create horse training facilities and a car park.

The CCC decided the best way to move forward was for the DILGP to investigate but due to the nature of concerns said it would review the matter once the investigation was complete.

On Thursday, a letter was sent by the CCC to the original complainant, from the Black Swan Lake Action Alliance (BSA), to advise the CCC’s corruption operations would be pursuing an investigation.

The 2016-2020 Gold Coast City Council being sworn in at the Evandale Council Chambers. (back l-r) Bob La Castra, Gary Baildon AO, Hermann Vorster, William-Owen Jones, Glenn Tozer, Peter Young, (front l-r) Dawn Crichlow, Pauline Young, Daphne McDonald, Paul Taylor, Mayor Tom Tate, Donna Gates, Cameron Caldwell, Councillor Gail O'Neill and Kristyn Boulton. Photo: Jerad Williams

The Bulletin understands there is at least one other confidential complaint related to Black Swan Lake and as late as this week the DILGP had received more allegations against some councillors.

In its statement late yesterday, the CCC said: “The CCC has since considered an interim report from the department. The allegations, which raise a reasonable suspicion of corrupt conduct, will now be investigated by the CCC.

“It is important to note that the allegations should be treated as unsubstantiated until the investigation is finalised.”

The CCC declined to comment further.

The Bulletin has learnt the details of original complaint were aired in a telephone call to the CCC on September 26 last year.

The main allegation was several councillors were board members of the turf club and whilst they declared a real or perceived conflict of interest they still voted on Black Swan Lake.

On November 21, the CCC wrote back to the complainant saying its officers had reviewed relevant council minutes, councillors’ Register of Interests, the turf club’s website and the Local Government Act.

“Based on all the information currently available to it, the Commission is of the view that a number of councillors may have a material personal interest in this matter,” the CCC said.

The Local Government Act requires councillors to leave the chamber when debating matters where they have a material personal interest.

Black Swan Lake slowly being filled in by workmen at Bundall. Picture: Glenn Hampson

Several councillors last night were stunned and unaware of the allegations. Mayor Tom Tate declined an offer to comment when contacted by the Bulletin.

But on his Facebook page, when asked, he replied: “I’ve no idea what it’s about. They haven’t contacted me. Says councillors in the release”.

The timing of the investigation, on the eve of the Commonwealth Games comes as a shock and follows an inquiry launched last year after the Bulletin published about 60 reports which revealed an LNP bloc operated during last year’s council election campaign.

A BSA spokesperson said the turf club was advised by the group’s lawyers more than a week ago that if the work continued its lawyers would file for an injunction in the planning and environment court.

The turf club stopped work and asked for an extension of time until yesterday to respond to the demands, the BSA spokesperson said.

But after not receiving a response by late yesterday, the lawyers for the BSA warned that any return to filling of the lake would spark an injunction.

The Bulletin understands the original complaint to the CCC mentioned “concerns” about nine of the city’s 15 elected representatives, and the CCC had raised “a further concern” about two of the councillors.

Part of the allegations surround failing to make full declarations in councillor Register of Interests.