“In oral evidence,there was a recognition by the CCC chair of administrative shortcomings and the written submissions have a limited recognition of certain conduct falling short of best practice.
“The CCC did not at all times act impartially,independently and fairly. In short,we have submitted that the CCC over-stepped the mark in these respects.”
Dr Horton also alleged the CCC had a vested interest in supporting recently sacked Logan City Council chief executive Sharon Kelsey in her industrial action,and getting her reinstated.
“The discretion to charge the mayor and councillors with fraud miscarried because it was affected by an improper purpose,to assist Ms Kelsey in her QIRC action and for her to be reinstated,” he said.
“The CCC acted upon[this shared interest] by involving itself in her[Ms Kelsey’s] proceedings and seeking to make documents it had obtained under compulsion available to her.
Loading
“Confidential documents were delivered to the council on October 3,2018,by the CCC for a weighty and substantial purpose of making them available for Ms Kelsey’s use in the QIRC proceeding.”
The inquiry also uncovered a “pack mentality” of police officers attached to the CCC,according to Dr Horton,with allegations officers made unfounded allegations against Logan City Council interim administrator Tamara O’Shea,who took over after the mayor and councillors were suspended.
Specifically,Detective Sergeant Andrew Francis,who charged the mayor and councillors,was accused of “dereliction of his duty”,which “reflects poorly on his fitness to serve as a police officer”.
CCC chair Alan MacSporran was also accused of “serious failures”.
The four key recommendations to come from Dr Horton’s investigation were that the CCC be required to obtain the recommendation of the Director of Public Prosecutions or another senior independent legal advisor before laying serious criminal offences in anti-corruption investigations.
Loading
There was also the suggested review of the CCC’s ability to appoint the chair,commissioners or other senior officers for fixed seven-year terms;limit the duration or repetition of police officers being seconded to the CCC;and introduce greater limits on the information the CCC can release.
In response,Peter Dunning QC,legal counsel for the CCC,said some criticisms were “wrong” and he defended Detective Sergeant Francis and the prosecutor who recommended the charges be laid.
Mr Dunning also said the accusation the CCC had an interest Ms Kelsey being reinstated as council chief executive was “irrational”. He argued if that had been the CCC’s intention,they would have left a four-councillor majority at Logan and therefore made Ms Kelsey’s return more possible,rather than forcing an administrator to be appointed,which made it more difficult for Ms Kelsey to return.