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It / /Ja Member: 1 Paper No.: Date: it / /ja Member: 1 abled Tabled, by leave 23 June 2010 Incorporated, Remainder incorporated, by leave by leave Clerk at the Table: Mr Martin Moynihan Chairman Crime and Misconduct Commission GPO Box 3123 BRISBANE Q 4001 Dear Mr Moynihan, Rob Messenger MP MEMBER FOR B URNETT On behalf of my staff, myself and the people of the Burnett, I congratulate you on your public comments and the CMC Review of the June 2010 Queensland Police Service's Palm Island Review. You have given renewed hope to the people of Queensland that the CMC will become a fearless and impartial force against crime and misconduct, wherever it may be found. I note that as the head of the CMC, as reported by Madonna King in the Courier-Mail June 19, 2010.. CMG won't be palmed off "under the Police Service Administration Act 1990, the CIVIC has to also agree to both the appointment and the conditions on which the appointment is made" And therefore quite obviously, you have a very important role to play in the appointment of the Queensland Police Commissioner. In order to assist you to make that decision fully informed, and specifically on behalf of former patients of Jayent Patel and others, I'd like to draw to your attention the behavior of the QLD Police Service lead Strop 7Bargara Beacli -Plaza by Police Commissioner Atkinson, with regard to an employee of 15-19 See Street Queensland Health Dr Darren Keating. (PO Box 8371) Bargara Q1d4670 Dr Darren Keating you will remember, was employed by the Queensland Government, as the Director of Medical Services at the Bundaberg Base Freecall No. 1800 819 545 Hospital shortly after the employment of Dr Patel In April 2003. Office phone: (07) 4159 1988 Office fax: (07) 4159 2696 Mobile: 0407 904134 Retired Supreme Court Judge and author of the Queensland Public Hospitals Commission of Inquiry Report, the Honorable Geoffrey Davies Email: AO made 14 adverse findings with regards to Dr Keating and bursteIt a)parllmttenl.r/ltl.goy.arr recommended that: w ww. robnressenger. con: (a) Dr Keating's conduct with respect to the application for a four year visa, be referred to the Australian Federal Police for investigation into whether he has committed an offence against s, 137 of the Criminal Code (Cth), on the basis that he may have knowingly or recklessly given false or misleading information to the Department of Immigration and Multicultural Affairs. (b) Dr Keating's conduct in relation to he renewal of Dr Patel's registration be referred to the Queensland Police Service for investigation and prosecution for a breach of s. 273 of the Medical Practitioners Registration Act 2001, as he may have given false or misleading information or documents to the Medical Board. (c) The Crime and Misconduct Commission prosecute Dr Keating for official misconduct, d) Alternatively, or subsequently, the Director - General of Queensland Health consider taking action against Dr Keating under s.87 of the Public Service Act 1996, on the basis that he has performed his duties carelessly or incompetently, or has been guilty of misconduct. (see doe I for edited summary of adverse findings, and recommendations against Dr Keating from the Davies Royal Commission ) Despite these recommendations from a retired Supreme Court Judge in 2006, Dr Darren Keating has never been charged by any authority in Queensland and is now, I understand to day practicing medicine in West Australia as a GP. This lack of legal action against Dr Keating was the subject of a referral to the CMC by myself, on behalf of the former patients of Patel in a letter 20.11,07 (see attach doc. 2) where I asked the head of the CMC to: 1) " Immediately institute proceedings against Dr Darren Keating for official misconduct "Immediately commence a full and complete investigation of all the reasons for and decisions made by Commissioner Bob Atkinson and senior members of the QPS for refusing to charge Darren Keating with any offence..." 2) "... and the failure of the QPS and Commissioner Atkinson to release its decision ( Not to charge) after the statute of limitations had expired for this offence." I also made a speech to parliament on 30.10.07 where 1 commented on the situation and my actions (see attach doe. 3) A detective sergeant was given the job of investigating the royal commission's findings and recommendations in December 2005. Six months later, in May 2006, this officer handed his report to Commissioner Atkinson and QPS senior management. The Police Commissioner and QPS senior management sat on that report for 11 months and then asked Brendan Butler Senior Counsel to undertake an independent assessment of the legal case against Keating. By asking for Mr Butler's assessment of the case against Keating in April 2007, the Police Minister's department either by accident or by deliberate manipulation ensured that 50 per cent of the legal charges against Keating were no longer possible because the statute of limitations ran out two months earlier-that is, in February 2007. How politically convenient for this government that the independent review was not requested until after the last state election and after the statute of limitations had expired? Commissioner Davies, retired Supreme Court judge, recommended that Dr Keating be charged with criminal offences and official misconduct. This morning this government released Mr Butler's legal report. It confirmed-There is sufficient evidence to support a prima facie case against Dr Keating under the Criminal Code of attempted fraud. Why has this government not acted and taken this prima facie case against Keating and presented it to a Queensland magistrate? Former Chair of the CMC Robert Needham replied to my correspondence with a letter dated 6.12.07 (See attached doc 2) in which he gave three explanations under the Broad Headings of: 1) Official Misconduct charges against Dr Keating 2) Investigating the decision of the Queensland Police Service not to prosecute 3) Investigating the timing of the decision not to prosecute. In those explanations he gave reasons why the CMC would not be taking action against Dr Keating and/or any QPS officer. You will note with regard to 1) Official Misconduct charges against Dr Keating, that Needham states: "He no longer falls within the jurisdiction of the Misconduct Tribunal after he resigned in Novembe 2005." "However, section 50 of the Act means the person must still be a public servant to be charged with disciplinary charges of official misconduct before the Misconduct Tribunal" This is an acknowledgment that official misconduct by public servants can happen and all the potentially guilty party has to do to escape punishment, is to resign from their employment with the Queensland Government. I find this situation very disturbing and ask if you would recommend that this situation is fair for the victims of official misconduct or the Queensland Tax payers and whether you would support legislative change to close this loophole? I believe that a review of the CMC and Whistle Blowers Protection acts is due, in order to ensure that a message of deterrence is sent to those public servants who may be thinking of committing acts of official misconduct. Keating Summary Given the facts that; 1) The charge under the MPRA against Keating ran out of its statute of limitation during an 11-month period of consideration by the Queensland Police Commissioner. 2) An independent recommendation from senior legal council Brendon Butler that a prima-facie case against Dr Keating existed for the remaining charge of Attempted Fraud under S408 of the QLD Criminal Code 3) That the remaining charge of fraud under S408 of the Criminal Code doesn't have any statute of limitation attached to it. I'm deeply disturbed by the QPS investigation into possible criminal charges against Dr Darren Keating and the QPS decision not to charge him with a criminal offense. I'm also deeply disturbed with previous explanations / reasons for inaction on the CMC`s behalf. In summary, I ask that you review former chair Needham's decisions relating to my letter of 20 November 2007, while also re-investigating the role that Police Commissioner Atkinson and other senior police played in the non-charging of Dr Keating. In a press release dated 13 November 2007 in reference to the non-charging of Dr Keating (see attached doc 4 ) the president of the Bundaberg Burnett Patient support group Ian Flemming stated that: "We seek the immediate release of the following: 1. The brief of evidence compiled by QPS for breaches of the MPRA ( Medical Practitioner's Registration Act) 2. The advice from the AFP re breaches of the Commonwealth Migration Act 3. The advice from the DPP for Attempted Fraud, s408C Qld Criminal Code 4. Advice from the QPS & CMC due to failure to prosecute Leck & Keating for Official Misconduct" I would hope that you would also be able to help the group and myself obtain that information, which to my best knowledge , has not been released by any Queensland Government department. I believe that in this letter, 1 have provided you with enough reasons and facts to form a reasonable suspicion that because of crime or misconduct, Dr Keating has not been charged with offences as recommended by Royal Commissioner Davies, I also believe that I have provided you with important information , which will help your decision-making regarding the conditions on which the appointment is made of the Queensland Police Commissioner. Sincerely Rob Messenger Member for Burnett. Retired Supreme court Judge and author of the Queensland Public
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