WHISTLEBLOWER KEVIN LINDEBERG’S 8 AUGUST 2013 COMMENTARY RE POST-CARMODY INQUIRY’S 1 JULY 2013 FINDING OF PRIMA FACIE BREACH OF SECTION 129 OF THE CRIMINAL CODE RE SHREDDING OF THE HEINER INQUIRY DOCUMENTS AND TAPES
Whistleblower Kevin Lindeberg – Former public sector trade union organiser
Q: ARE YOU SAYING THAT COMMISSIONER CARMODY’S NARROW DEFINITION OF ‘GOVERNMENT’ EVENTUALLY CAUGHT UP WITH HIM IN TERMS OF HIS FINDING OF A PRIMA FACIE CRIME BY THE LAW NOT BEING ABLE TO BE FULLY APPLIED?
KL: That’s correct. He said at the Recusal Hearing that if he defined the term “government” to mean “whole of government”, that is, departments and statutory authorities, then he would have to stand aside because it would logically mean that he’d have to investigate himself when he was the Queensland Crime Commissioner in 2001 when I saw him about the Harding Incident. He accepted that the law does not permit a party to an allegation to investigate himself.
In other words, after setting the parameters, he couldn’t apply the full scope of section 7 to the prima face shredding crime without breaching his own narrow definition of “government” to just mean “the political executive” because once the floodgates opened, it flooded everywhere and everything.
The Rofe QC Audit, to all intents and purposes, is the systemic cover-up flooding roadmap.
6 MAY 2013 - A DAY TO REMEMBER
Commissioner Tim Carmody
Some days are just like any other but some may be pivotal in the lives of individuals, for particular issues or nations because of what transpires. This can be judged either instantaneously, prospectively or retrospectively.
On 6 May 2013, in Court 17 of the Brisbane Magistrates Court Building, never before heard arguments as to whether an entire Cabinet may be in serious breach of the Criminal Code were live-streamed to the world on the internet. Specifically, they addressed the extraordinary legal question as to whether the 5 March 1990 order by the Queensland Cabinet to destroy the Heiner Inquiry documents and tapes to, inter alia, reduce the risk of legal action may have been illegal.
Despite it being nearly a quarter of a century since this shredding order, its legal consequences remain alive because no statute of limitations applies.
Presiding over the arguments was Commissioner Tim Carmody SC, head of the Child Protection Commission of Inquiry.
2012 SPECIAL COMMENTARY BY WHISTLEBLOWER KEVIN LINDEBERG
Whistleblower Kevin Lindeberg
Over a long period this webpage has independently drawn together all material available on the public record which goes to making up what is now commonly known across Australia and around the world as “the Heiner Affair.” The whistleblower, Kevin Lindeberg, is not responsible for its content although it contains most of what he has written about his public interest disclosures. He has never directly made a comment on this webpage.
However, due to recent dramatic events, he was approached with a series of relevant questions, and his response is now published here.>>>>>
MOVING TOWARDS THE ENDGAME
Witness confirms pack rape of girl to Heiner Inquiry
John Oxley Youth Detention Centre. Picture: Philip Norrish
Today at the Carmody Inquiry, the Rubicon on the Heiner Affair was irretrievable crossed.
A highly credible witness under oath, Mrs Irene Parfitt, former Youth Worker at the John Oxley Youth Detention Centre, confirmed the contents of her police statement that she told Mr Heiner about the pack rape of Annette Harding when she gave evidence to him in Brisbane Children's Court at North Quay.
She was, in effect, a whistleblower. She would not tolerate silence any longer over a burning issue at the Centre for many staff, and she believed the Heiner Inquiry was the place to make her public interest disclosure. The assault was a matter which greatly disturbed her. Notwithstanding some time difficulties expected after the passage of close to 23 years, she clearly recalled telling Mr Heiner about the sexual assault of Ms Harding, a 14-year-old indigenous child while in the care of the State.
Should Commissioner Carmody Have Recused Himself from the QCPCI?
Alleged Prima Facie Criminal Count 57 of the Rofe Audit.
Commissioner Tim Carmody
Section 87 of the Criminal Code - Official Corruption in regard to the conduct of certain officials of the Queensland Crime Commission in respect of their handling of the allegations by one Kevin Lindeberg and related matters at certain times-
That on divers dates between the thirteenth day of December 2001 and the thirty first day of December 2001, at Brisbane in the state of Queensland, one Timothy Carmody, to the extent of his involvement, being a holder of office in the Queensland Crime Commission, pursuant to the Crime Commission Act 1997, at material times, did corruptly confer an advantage on another in respect the handling of allegations by one Kevin Lindeberg by failing to act honestly, impartially and in the public interest.