Fitzgerald Inquiry - History

History

The inquiry was established in response to a series of articles on high-level police corruption in The Courier-Mail by reporter Phil Dickie, followed by a Four Corners television report, aired on 11 May 1987, entitled "The Moonlight State" with reporter Chris Masters. Both reports highlighted prostitution, gambling and possible police corruption. With Queensland's Premier of 18 years, Sir Joh Bjelke-Petersen, out of the state, his deputy Bill Gunn ordered a commission of inquiry the day after television report was broadcast.

The allegations aired in the media were not new; they had surfaced from time to time and some news organisations had been forced to pay damages to aggrieved people who alleged their reputations had been damaged (Bjelke-Petersen himself was notoriously litigious in response to unfavourable press coverage). Ian Callinan drafted the terms of reference for the inquiry as well as appearing before it. While the terms of the inquiry were initially narrow, restricted only to the specific allegations raised against specific persons named in the media over a period of just five years, Fitzgerald used his moral authority to lever the inquiry into a position of being able to inquire into any relevant matter. The terms of reference for the Commission were extended twice.

This enabled him to set a new precedent for Royal Commissions in Australia generally, using innovative methods such as indemnities from prosecution for key witnesses to secure vital evidence. The inquiry was initially expected to last about six weeks; it instead spent almost two years conducting a comprehensive investigation of long-term, systemic political corruption and abuse of power in Queensland. Public sittings were held on 238 days, hearing testimony from 339 witnesses.

On 28 August, a Licensing Branch sergeant, Harry Burgess implicated Jack Herbert, assistant commissioner Graeme Parker. Parker confessed and implicated police commissioner Sir Terry Lewis on 16 September.

The inquiry would eventually outlive the Bjelke-Petersen government. Mike Ahern became the new Premier after Bjelke-Petersen was deposed by his own party. Evidence revealed by the investigation (including testimony from Bjelke-Petersen himself) caused significant political damage and an internal power struggle within the National Party, resulting in Bjelke-Petersen resigning as Premier after his unsuccessful attempt to have the Governor of Queensland sack all of his ministers after they deposed him as party leader.

The inquiry's special prosecutor was Doug Drummond QC. It was Drummond that decided not to retry Bjelke-Petersen after the hung jury.

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