Statement from Acting Mayor Wayne Wendt and Cr Paul Tully

Statement from Acting Mayor Wayne Wendt and Cr Paul Tully

11 July 2018

Ipswich City councillors today said they can’t understand why the State Government is setting up a kangaroo court at the suggestion of the CCC.

Highly regarded lawyer Tony Morris QC last night told ABC radio that moves by the government to circumvent the justice system harped back to the dark days of the Joh Bjelke-Petersen era in the 1980s.

“It’s hard to imagine a worse case of abuse of parliamentary process,” Mr Morris told Steve Austin.

Councillors say the timeline below shows how the bungle has occurred.

First, Local Government Minister Stirling Hinchliffe asked current councillors to explain in a show cause submission why they should not be sacked. Councillors did that and there was no objection from the minister.Next, Local Government Minister Stirling Hinchliffe changed the law to incorporate a public interest test into a second show cause notice. This was challenged in the Supreme Court. The Minister agreed not to proceed until the court had its say.Now, Local Government Minister Stirling Hinchliffe has said he’ll introduce a new law – without any right of appeal – to dismiss Ipswich Council.Next, the first hearings of charges laid by the CCC are due to be finalised in the magistrates’ court in September. This means the government needs to take action against council in August to avoid embarrassment if charges are dismissed.

This is unconstitutional and demonstrates a blatant disregard for the legal system, a view clearly shared by senior members of the legal fraternity.

Acting mayor Wayne Wendt said Ipswich Council had always sought one thing from this course of action – a fair hearing.

“The minister has shown that he is not willing to provide that fair hearing by way of mediation, so we asked the Supreme Court to provide some clarity,” he said.

“The minister is clearly not happy with that as a solution, so he’s now taking the law into his own hands.

“It is interesting to note that the minister is taking his advice from Alan MacSporran – the man who heads up the CCC, an organisation funded by the state government and who clearly has a vested interest in the outcome of allegations. His reputation depends on the success of the CCC’s ongoing investigations into local government.

“At no point is anyone suggesting justice – whatever the outcome – should not be served.

“We are however, suggesting the 10 councillors who have no allegations or charges against them are given their right to be heard.”

Cr Paul Tully, Queensland’s longest-serving councillor, said ordinary citizens facing the courts had more rights than elected councillors.

“Imagine if the evidence against a defendant saw their case thrown out of court, would the Attorney-General rush through new laws to convict and jail them without any trial.

“It would be outrageous for Parliament to create a law to send an alleged offender to jail without a fair trial.”

Cr Tully said the government’s position was neither understandable nor fair.

“When you take such a hostile stance and it’s proven you’ve been overly hostile from the outset, you’ve got yourself a problem,” Cr Tully said.

“The minister hasn’t been able to prove why the current sitting councillors should be removed, so he’s removing all legal rights of appeal. This is a blight on Queensland’s legal system and will be remembered alongside the political carnage of the 1980s when a hillbilly dictator from Kingaroy was in charge of the state,” Cr Tully said.

View all Media releases