Mark Bailey will not face criminal charges over email account

Mark Bailey is back in cabinet today after being cleared of corruption but refuses to release secret correspondence.

Mark Bailey in question time this month. Picture: Annette Dew

Reinstated Queensland Energy Minister Mark Bailey – cleared of corruption but found to have engaged in foolish, injudicious and unmeritorious behaviour – has apologised for deleting his private email account, but has refused to release the secret correspondence.

The Queensland Crime and Corruption Commission today said there would be no criminal charges against Mr Bailey, who deleted his email account containing public records and correspondence with union bosses after his office received a Right to Information request from The Australian.

An investigation was ordered into the deletion and Mr Bailey – with the assistance of the CCC forensic team – reactivated the account, eventually saving him from being charged with destruction of public records.

“I welcome the fact the CCC have cleared me,” Mr Bailey said, in a brief statement to reporters today.

“I’ve sought to cooperate fully with this process… and it’s a relief of course to see this matter has been finally concluded.

“That said, I’d also like to say that I accept there was an error of judgement to delete my own private email account, and I unreservedly apologise for doing so.”

Mr Bailey was stood aside by Premier Annastacia Palaszczuk from his role as Energy and Main Roads Minister when the CCC found in July there was a “reasonable suspicion of corrupt conduct”. Today, upon him being cleared of corruption, Ms Palaszczuk reinstated her minister into her cabinet.

Earlier, Commissioner Alan MacSporran said Mr Bailey had engaged in a technical breach of the Public Records Act that could not be punished because of a gap in the law. He also described his behaviour as foolish, injudicious, unmeritorious and inappropriate.

Mr Bailey has previously said he did not know about The Australian’s RTI request when he deleted his email account. That request – seeking correspondence by union officials to Mr Bailey’s [e-mail] email address – was denied, because he deleted his account.

Today, the minister denied requests to release the documents, instead suggesting an RTI request could be made.

“The email account has been closely scrutinised by the independent watchdog, and there are clear processes there in terms of people making applications,” he said.

Asked why he deleted his email account, Mr Bailey said: “The accusation was I was in some way doing something wrong with it and I wanted to (remove that) as a possibility. I didn’t fully consider the other (ramifications) that might occur. It was an error of judgement. I am apologetic for that.”

Ms Palaszczuk was today asked why she had reappointed Mr Bailey to the cabinet, when the CCC found he had breached ministerial standards – and CCC chair Mr MacSporran called his behaviour foolish.

“Mark Bailey came to me this morning, I met with him, I had a discussion with him, he apologised to me, I have accepted that apology and now I want him to get on with his job,” Ms Palaszczuk said.

“He is an outstanding minister, he works incredibly hard, he has been driving our Queensland energy plan in this state, he has been driving record investment in roads and infrastructure across this state, and now I want him to get on with the job.”