Push to review law after CCC inquiry

Annastacia Palaszczuk is under pressure to review laws that ­allowed the state government to sack the entire Logan council at the centre of Tony Fitzgerald’s ­inquiry.

Former Logan City councillor Russell Lutton. Picture: Richard Walker

Queensland Premier Annastacia Palaszczuk is under pressure to review laws that ­allowed the state government to sack the entire Logan council at the centre of Tony Fitzgerald’s ­inquiry.

Using powers under Palaszczuk government laws, Queensland’s then-local government minister Stirling Hinchliffe sacked eight members of Logan City Council in 2019 after they were charged with fraud by the state’s corruption watchdog.

The controversial charges were dropped two years later over a lack of evidence, in an embarrassing loss for the Crime and Corruption Commission.

The action destroyed the political careers of seven councillors – Russell Lutton, Cherie Dalley, Phil Pidgeon, Steve Swenson, Laurie Smith, Trevina Schwarz and Jennie Breene – and left them unemployed while facing possible jail time.

Former mayor Luke Smith is still facing a separate corruption charge.

Only four councillors remained after the eight were charged, leaving Mr Hinchliffe with “no other choice” but to sack the ­entire council as it could not form a quorum.

Mr Lutton, who was a councillor for 34 years before he was dismissed, believes the government owes him and his former colleagues an apology.

“To come from the top, it ­acknowledges that we were wronged,” he said.

“I loved my job, I loved going in every day and helping people and to have it all cut from underneath me, my name tarnished and reputation – it has hurt.

“It has scarred me, it really has. I rarely drive past the council building.”

Although the councillors were dismissed under laws introduced by the Palaszczuk government in 2018, Attorney-General Shannon Fentiman would not offer an apology, saying that was a matter for the CCC.

“I do think the question of an apology is really a matter for the CCC,” she told ABC Radio.

“What I would say is that I live in Logan and this unfolded in my community so I have real sympathy for these councillors, I know many of them very well.”

The CCC declined to comment when asked if it would ­apologise.

Mr Lutton has joined the Local Government Association of Queensland in calling for a review of the legislation that allows the government to immediately suspend any councillor or mayor charged with a crime.

“In Australia, you should be innocent until proven guilty but under this legislation, you are guilty until proven innocent and by then it is too bloody late,” Mr Lutton said.

“If you go through a committal hearing and the judge thinks there is enough evidence there, then fair enough.”

Eminent corruption-fighter Tony Fitzgerald and retired Supreme Court judge Alan Wilson this week made 32 recommendations to overhaul the body in the wake of issues identified with the Logan investigation.

In their report they noted competing submissions about the appropriateness of the law, which “raise questions about its ambit, operation and implications.”

A spokeswoman for Local Government Minister Steven Miles said: “There are no plans to review the Act. It is appropriate that certain offences lead to disqualification, in line with community expectations.”

LGAQ chief executive Alison Smith said the Logan matter demonstrates unintended consequences that can arise through the use of the law.

“We would like consideration given as to whether the automatic suspension should only occur once a councillor has been committed to stand trial, or indicated their intention to plead guilty, to ensure those charged are not denied natural justice,” Ms Smith said.

She said that other failed cases launched by the CCC against mayors and councillors should also be reviewed.