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The Heiner Affair

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Incorporated, by leave b^ THE HEINER AFFAIR Relevant Correspondence for the period 23 December 1999 - 05 August 2005 Between His Excellency The Governor of Queensland The Honourable Major General Peter Arnison AC Her Excellency The Governor of Queensland The Honourable Ms Quentin Bryce AC Queensland Premier and Minister for Trade The Honourable Peter Beattie MP Kevin Lindeberg As compiled on 22 May 2006 INDEX OF CORRESPONDENCE I . 23 December 1999 : Letter by Queensland Premier the Hon Peter Beattie to Mr. Lindeberg referring to the Lindeberg Petition and stating that the issues ''...had been the subject of exhaustive investigations" and that he did not intend to take any further action. He advised that the matter could be raised with the Governor by writing directly to his Official Secretary; 2. 20 January 2000 : Letter by Mr. Lindeberg to Queensland Premier the Hon Peter Beattie inter alia asking whether he himself had examined the contents of the Lindeberg Petition; 3. 16 February 2000: Letter by Queensland Premier the Hon Peter Beattie to Mr. Lindeberg advising that his decision on the matter "...was reached following my analysis of your petition" and that the issues raised had been thoroughly investigated and did not require further action; 4. 19 January 2001 : Letter by Mr. Lindeberg to His Excellency Governor Arnison AC enclosing a copy of the Lindeberg Petition - tabled in State Parliament on 27 October 1999 - inter alia informing him that his chief adviser had dismissed the petition by a false claim that its allegations and been exhaustively investigated which may have placed him in breach of his Oath of Office by acting outside his sworn duty "...to uphold the Westminster principles of ministerial responsibility and Parliamentamy propriety impartially. " 5. 19 January 2001: Photo of Mr. Lindeberg hand-delivering the Lindeberg Petition to Government House and being accepted by Acting Official Secretary Mr. Steven Blinkhorn; 6. 2 March 2001 . Letter (2 pages) by Government House Official Secretary Mr. J R O'Connor, on behalf of His Excellency Governor Arnison AC, to Mr. Lindeberg stating that he was not empowered or resourced to conduct an independent investigation or to judge (the Linde berg Petition) on its merits, and to seek advice from the Attorney-General "...would seem to be at odds with ;our objectives "; 7. 11 April 2001 . Letter (2 pages) by Mr. Lindeberg to His Excellency Governor Arnison AC indicating that he may consult beyond the circle of his responsible ministers to ensure unbiased advice on the Lindeberg Petition such as the Chief Justice of Queensland; 8. 3 May 2002. Letter (10 pages) by Mr. Lindeberg to His Excellency Governor Arnison AC restating the seriousness of the matters before him which, (liven their scope (inter alia illegal destruction of evidence, unlawful disbursement of public monies, and covering up the prima facie offence of criminal paedophilia) and their potential non jusiticiable character, may trigger his reserve powers under the Crown; 9. 7 May 2002. Letter by Government House Official Secretary Mr. J R O'Connor, on behalf of His Excellency Governor Arnison AC, to Mr. Lindeberg stating that the Governor was not in a position to assist in the matter; 10. 13 May 2002 . Letter (2 pages) by Mr. Lindeberg to His Excellency Governor Arnison AC inter alia pointing out his failure to recognize that criminal paedophlia occurring in a state-run institution was involved, and that to "inform himself' on the matter he could seek advice from whomever he saw fit. Mr. The Heiner Affair Correspondence Lindeberg suggests that in order to carry out his duty "to encourage, advise and warn" his Ministers that he was not the rubber stamp of Executive Government, 11. 14 May 2002 : Letter by Government House Official Secretary Mr. J R O'Connor, on behalf of His Excellency Governor Arnison AC, to Mr. Lindeberg restating that the Governor was not in a position to assist in the matter: 12. 13 February 2003 : Letter (13 pages) by Mr. Lindeberg to His Excellency Governor Arnison AC inter alia alerting him to committal proceedings against a minister of religion (Pastor Douglas Ensbey) on 22 and 23 January 2003 under section 129 of the Criminal Code in the Queensland District Court in respect of his destruction-of-evidence conduct some 5 years before the relevant judicial proceeding commenced, the relevance of McCabe, and the abuse of power being engaged in by his Government in respect of the Heiner affair: 13. 14 February 2003 . Letter by Government House Official Secretary Mr. J R O'Connor, on behalf of His Excellency Governor Arnison AC, to Mr. Lindeberg indicating that he was not in a position to assist on the matters before him; 14. 10 March 2003 . Letter (2 pages) by Mr. Lindeberg to His Excellency Governor Arnison AC inter alia suggesting that his position was profoundly misconceived and that, as Governor, he was, ..... the final guardian in our Constitutional Monarchy of peace, order and good government for the Queensland people " and that lie had a duty, under exceptional circumstances, to protect the people from any government willfully acting outside the rule of law by appropriate remedy. Mr. Lindeberg records that he "...shall 770t live with your view and must take whatever remedies are available to me within the rule of /cn,u. 15. 13 October 2003 : Letter (7 pages) by Mr. Lindeberg to Her Excellency Governor Quentin Bryce AC inter alia bringing to her attention "the Heiner affair and the Lindeberg Petition" suggesting that the issue is "...so grave that you may be obliged to exercise yoan• discretion under the Constitution 's reserve powers." 16. 11 November 2003 : Letter (2 pages) by Mr. Lindeberg to Her Excellency Governor Quentin Bryce AC informing her that the House of Representatives Standing Committee on Legal and Constitutional Affairs, chaired by the Hon Bronwyn Bishop MP - the Bishop Committee - was conducting an inquiry into the Heiner affair as part of its nationwide inquiry into "crime in the community: victims, offenders and fear of crime "; 17. 14 May 2004. Letter (4 pages) by Mr. Lindeberg to Her Excellency Governor Quentin Bryce AC inter alia informing her (a) about evidence provided to the Bishop Committee showing evidence concerning the pack rape of a 14-year-old indigenous minor while in the care and custody of the State at JOYC went before the 1989/90 Heiner Inquiry; and (b) that Queensland's Attorney-General the Hon Rod Welford had lodged an appeal against Pastor Ensbey with the Queensland Court of Appeal (C.A. No 79 of 2004) on the grounds that the 6- month fully suspected jail sentence for his criminal conduct - as found by a jury in the District Court - was not reflective of the seriousness of the crime and did not act as a general deterrence. 18. 20 September 2004 : Letter (6 pages) by Mr. Lindeberg to Her Excellency Governor Quentin Bryce AC inter alia informing her (a) of the R v Ensbey; ex pcnrte A-G (Qld) [2004] QC 335 decision; (b) a copy of recommendations of the Bishop Committee into the Heiner affair; and (c) that her Government was applying the criminal law by double standards to advantage itself over the people; The Heiner Affair Correspondence 3 19. 15 October 2004: Letter (10 pages) by Mr. Lindeberg to Queensland Premier and Minister for Trade the Hon Peter Beattie inter alia informing him of the systemic corruption associated with the Heiner affair and requesting him to appoint an independent Special Prosecutor to investigate the matter in order to restore public confidence in government; 20. 20 October 2004 : Letter by Mr. Lindeberg to the Administrator the Hon Paul de Jersey AC QC enclosing a copy of the letter of 15 October 2004 hand-delivered to Premier Beattie. The administrator is invited to consider its contents and other material already provided to the Office of the Governor of Queensland; 21. 27 October 2004: Letter by Government House Official Secretary Mr. J. R O'Connor to Mr. Lindeberg, on behalf of the Administrator, receipt of correspondence of 20 October 2004; 22. 11 November 2004 . Letter by Chief of Staff of the Office of the Premier Mr. Rod Whiddon to Mr Lindeberg acknowledging receipt of his letter of 15 October and a copy of the Bishop Report and indicates that matters are under consideration: 23. 18 November 2004. Letter by Government House's Official Secretary Mr. J. R O'Connor to Mr. Lindeberg, on behalf of the Governor, acknowledging receipt of letter of 20 September 2004 and informing him that "...some time ago" the Governor had sought an official position from the Queensland Government, but had not yet received it. Once received, and considered, the Governor would contact him again; 24. 22 November 2004 : Letter (8 pages) by Mr. Lindeberg to Queensland Premier and Minister for Trade the Hon Peter Beattie inter alia pointing out (a) the significance of his answer to Question on Notice (No 1471 18 November 2004) concerning the deception regarding her true age; (b) the true character of term "the events" in the February 1991 Deed of Settlement between the State of Queensland and Mr. Peter William Coyne; and (c) the duty of government to obey the law. Mr. Lindeberg, together with his solicitor, seeks a meeting with Premier Beattie to advance the matter to a proper conclusion; 25. 23 November 2004 : Letter (5 pages) by Mr Lindeberg to Her Excellency Governor Quentin Bryce AC inter alia informing her of the significance of Premier Beattie's answer to Question on Notice (No 1471 - 18 November 2004) and its interconnectedness with other elements of the Heiner affair, which, unless properly resolved by her Government, may trigger her reserve powers; 26.
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