Qld: Parliamentary committee investigating CMC

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Qld: Parliamentary committee investigating CMC

By Nikki Todd

BRISBANE, Dec 24 AAP - Queensland's Crime and Misconduct Commission (CMC) has beenasked to respond to allegations it delayed investigating a case involving alleged lewdbehaviour by a Brisbane magistrate.

The state's Parliamentary Crime and Misconduct Committee (PCMC) called on the CMC torespond to the complaint made in writing today by Opposition legal affairs spokesman LawrenceSpringborg.

Mr Springborg has accused the government of covering up its handling of the case andhas called for Attorney-General Rod Welford to be sacked.

His comments followed the release of a statement yesterday by the CMC recommendingdisciplinary action against the male magistrate accused of exposing himself to a femaleclerk two years ago.

The CMC said its investigation was completed and presented to Chief Magistrate Di Fingletonon June 12 this year.

Ms Fingleton has stood aside on an unrelated matter pending a court case on chargesof attempting to pervert the course of justice and threatening a witness.

Mr Springborg queried why the investigation had taken 18 months to be completed andwhy Mr Welford and Ms Fingleton had subsequently taken more than six months to act onthe CMC's report.

Mr Springborg said the CMC had in the past investigated incidents referred by the Oppositionin a matter of weeks.

"These are serious allegations," Mr Springborg told journalists today.

"Magistrates and judges in Queensland are responsible for hearing these types of casesand passing judgment.

"If you're a school teacher, if you're a police officer, if you're a cabinet ministerand allegations are made against you of this nature, you are stood aside pending the outcomeof any investigation."

Under the Magistrates Act of 1991, a magistrate cannot be suspended unless a SupremeCourt judge, on the application of the Attorney-General, has determined there are reasonablegrounds for believing proper cause for removal of the magistrate exists.

Mr Springborg said the case had been incorrectly handled from the start.

"I think there has been a conspiracy to cover up this, I think it has been incompetentlyhandled at the outset," he said.

"This is an absolute farce for the justice system in Queensland and heads must roll."

But in a statement issued today, Mr Welford said it was inappropriate to comment onthe matter as it remained subject to investigation.

He called on the Opposition and the media to respect due process and the separation of powers.

However, Mr Welford said Ms Fingleton had consulted him over what kind of disciplinaryaction, as recommended by the CMC, was available.

"I decided the matter raised issues of such gravity that it should not be dealt withby the Chief Magistrate alone," Mr Welford said.

"Accordingly, on June 25, I instructed the Crown Solicitor to liaise with the CMC toformally secure such evidence as was available to enable my consideration of the matterunder section 15 of the Magistrates Act 1991.

"The last of that necessary evidence was obtained yesterday and I am now consideringthe material to determine whether such Supreme Court action should be taken."

Mr Welford is expected to make his decision within two weeks.

A PCMC decision on whether further action was required would not be made until theCMC had responded to the complaint.

AAP nt/jhm/ldj/sb

KEYWORD: MAGISTRATE NIGHTLEAD