The powerful Parliamentary Crime and Corruption Committee will hold a wide-ranging public inquiry into the sacking of the Logan City Council.
In April, the head of the CCC Alan MacSporran dismissed the need for an inquiry.
In a statement, Mr MacSporran emphasised that the CCC left it to the Office of the Director of Public Prosecutions to decide whether to prosecute, which it did, only to then discontinue at the committal stage.
However, the Local Government Association of Queensland has welcomed the inquiry.
LGAQ president, and Sunshine Coast Mayor, Mark Jamieson said lives, reputations and careers had been ruined and a duly elected council wrongly dismissed.
The entire Logan Council was sacked by the State Government in 2019 after an investigation by the Crime and Corruption Commission led to fraud charges against seven councillors and mayor Luke Smith. Prosecutors dropped the charges last month with only the former mayor facing trial.
The decision to hold a public inquiry follows a 28-page formal complaint by the Local Government Association of Queensland which accused the CCC of bungling the Logan investigation and interfering in a related matter before the Queensland Industrial Relations Commission.
In it’s submission, the LGAQ said the impact this case had damaged the reputation of the Council, the local government sector, and the reputation of the CCC.
The fraud charges laid against the former Logan councillors were withdrawn by the Director of Public Prosecutions in the Brisbane Magistrates Court on 14 April 2021, citing lack of evidence.
“It is the LGAQ’s view that the CCC attempted to improperly influence the civil proceedings. As mentioned above, the LGAQ contends the CCC’s actions in doing so could amount to an attempt to commit an offence relating to the administration of justice and/or misconduct in public office,” the submission said.
“The LGAQ also contends the decision to lay fraud charges against the councillors involved in the civil case was inappropriate. The laying of these charges led to the wrongful dismissal of a duly elected council,” it said.
“It has also served to further discourage good people from seeking election to represent their communities for fear they too could have their reputations and livelihoods ruined on the basis of a wholly false allegation and a flawed investigation.”
The terms of reference for the Inquiry include an examination of the Crime and Corruption Commission’s (CCC’s) investigation of former councillors of Logan City Council which led to the former councillors being charged with fraud (which charges have now been discontinued).
They would look at the evidence and submissions and other relevant documentation provided to the Director of Public Prosecutions (DPP) by the CCC in support of these charges.
They would also examine the communications from the DPP to the CCC, the CCC’s involvement in related civil matters including the CCC’s interaction with former councillors or officers of Logan City Council, and the CCC’s use of coercive powers and matters relating to the dissemination of information obtained under coercion to parties in non-criminal proceedings.
The inquiry, with both public and private hearings – is scheduled to report back to parliament by the end of November.
