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The Fitzgerald Inquiry Report REPORT OF A COMMISSION OF INQUIRY PURSUANT TO ORDERS IN COUNCIL DATED: (i) 26May 1987 (ii) 24 June 1987 (iii) 25 August 1988 (iv) 29 June 1989 Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct 3 July, 1989 The Honourable M. J. Ahern M.L.A. Premier and Treasurer and Minister for State Development and the Arts Premier’s Department Executive Building 100 George Street BRISBANE QLD 4000 Dear Premier, I herewith submit my report in respect of the matters set out in the Order in Council of 26 May 1987 as amended by the Orders in Council of 24 June 1987, 25 August 1988 and 29 June 1989. Yours faithfully G. E. FITZGERALD (Chairman) P.O. Box 157. North Quav. Brisbane. 4002 Secretary: Mr G. L. L nch Level 6, 160 Ann Street, brisbane, 4000 Telephone: (07) 221 2261 Telephone: (07) 221 2261 Facsimile: (07) 221 3593 Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct 3 July, 1989 The Honourable T. R. Cooper M.L.A. Minister for Police and Minister for Emergency Services and Administrative Services 3 1st Floor M.L.C. Centre 239 George Street BRISBANE QLD 4000 Dear Minister, I herewith submit my report in respect of the matters set out in the Order in Council of 26 May 1987 as amended by the Orders in Council of 24 June 1987, 25 August 1988 and 29 June 1989. Yours faithfully G. E. FITZGERALD (Chairman) P.O. Box 157, North Quay, Brisbane, 4002 Secretary: Mr G. L. L nch Level 6, 160 Ann Street, Brisbane, 4000 Telephone: (07) 221 2261 Telephone: (07) 221 2261 Facsimile: (07) 221 3593 (iii) SUMMARY OF CONTENTS I . INTRODUCTION .............................................................................. 1 I1. THE EVIDENCE ............................................................................... 27 I11 . THE POLITICAL CONTEXT ......................................................... 121 IV . CRIME AND LAW ENFORCEMENT .......................................... 147 V . POWERS ............................................................................................ 171 VI . RESOURCES AND LAW ENFORCEMENT................................ 183 VII . POLICE CULTURE .......................................................................... 199 VIII . THE POLICE FORCE ...................................................................... 213 IX . OFFICIAL MISCONDUCT ............................................................. 283 X . REFORMS IN CRIMINAL JUSTICE ........................................... 305 XI . TRANSITIONAL ARRANGEMENTS ........................................... 335 SUMMARY ................................................................................................... 357 RECOMMENDATIONS .............................................................................. 369 APPENDICES ............................................................................................... A1 CONTENTS Page I . INTRODUCTION 1.1 THE SETTING UP OF THIS INQUIRY ............................................................................... 2 1.2 PROGRESSIVE SOCIAL CHANGE ......................................................................................... 4 1.3 GUILT AND INNOCENCE ...................................................................................................... 7 1.4 THE CONDUCT OF THE INQUIRY ..................................................................................... 10 1.4.1 Openness ......................................................................................................................... 10 1.4.2 Use of powers ................................................................................................................. 11 1.4.3 Use of Indemnities ......................................................................................................... 12 1.5 THE JOB AHEAD ...................................................................................................................... 13 1.5.1 Why the Inquiry’s Hearings Ended When They Did ................................................. 13 1S.2 Limits on Recommendations ........................................................................................ 14 1.6 BEHIND THE SCENES ............................................................................................................. 15 1.6.1 Political Neutrality ......................................................................................................... 15 1.6.2 Political Donations ......................................................................................................... 18 1.6.3 Government Liaison ...................................................................................................... 19 1.6.4 Police Officers Seconded to the Commission .............................................................. 19 1.6.5 Police Department Co-operation .................................................................................. 20 1.6.6 Reporting of this Commission ...................................................................................... 20 1.6.7 Liaison with Law Enforcement Agencies and other Major Institutions ................... 21 1.6.8 Information Systems ...................................................................................................... 23 1.6.9 Planning and Priorities .................................................................................................. 24 1.6.10 Commission Staff ........................................................................................................... 25 1.6.11 The Special Prosecutor .................................................................................................. 25 .. ... 1.6.12 Continuing Commission Activities ............................................................................... 26 (vii) I1 . THE EVIDENCE 2.1 INTRODUCTION ...................................................................................................................... 30 2.2 1959-1979 ..................................................................................................................... 32 2.2.1 The First Joke 1959-1974.............................................................................................. 32 2.2.2 The National Hotel Inquiry 1963 and Aftermath ...................................................... 33 2.2.3 Whitrod, The Unions and the C.I.U. 1970 ................................................................. 35 2.2.4 The Southport Betting Case and Herbert’s Trial ........................................................ 38 2.2.5 The O’Connell Inquiry .................................................................................................. 40 2.2.6 The Downfall of Whitrod and the Rise of Lewis ....................................................... 42 2.2.7 The Lucas Inquiry .......................................................................................................... 46 2.2.8 The First Years with Lewis as Commissioner ............................................................ 48 2.2.9 Jeppesen .......................................................................................................................... 51 2.2.10 Hicks ................................................................................................................................ 58 2.2.1 1 Herbert and Lewis .......................................................................................................... 61 2.3 VICE AND OTHER POLICE MATTERS ............................................................................... 63 2.3.1 Police Misconduct in the 1980’s................................................................................... 63 2.3.2 Dwyer’s Licensing Branch ............................................................................................. 63 2.3.3 The Licensing Branch After Dwyer .............................................................................. 65 2.3.4 The Sturgess Inquiry ...................................................................................................... 68 2.3.5 The Moonlight State ...................................................................................................... 69 2.3.6 The Appointment of this Inquiry and some Subsequent Events .............................. 70 2.3.7 S.P. Bookmaking ............................................................................................................ 72 2.3.8 Professional Assistance .................................................................................................. 73 2.3.9 Police Promotions and Transfers ................................................................................. 74 (a) The Licensing Branch ............................................................................................. 74 (b) Other Promotions and Transfers ........................................................................... 74 (i) Murphy ............................................................................................................ 75 (A) Police Career .......................................................................................... 75 (B) The Dunwich T.A.B. ............................................................................. 77 (ii) Farrah ............................................................................................................... 77 ... (111) Parker ..............................................................................................................
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