THE HEINER AFFAIR

Morris Howard Findings

PART IV: CONCLUSIONS AND RECOMMENDATIONS

A. CONCLUSIONS IN RELATION TO THE LINDEBERG ALLEGATIONS

1. For the reasons set out in Part II of this Report, and based on the evidence to which we have obtained access in the course of our investigation, we are of the view that the following conclusions are open in respect of Mr. Lindeberg's allegations.

Criminal Offences

2. It is open to conclude that Section 129 of the Criminal Code was breached by an officer or officers of the Department of Family Services, to the extent that they were involved in:

2.1 The destruction of the Heiner documents; and

2.2 The destruction, on 23 May 1990, of photocopies of certain statements which had originally been furnished to the Department of Family Services by the Queensland State Service Union on 10 October 1989.

3. It is open to conclude that Section 132 and/or Section 140 of the Criminal Code was breached by an officer or officers of the Department of Family Services, to the extent that they were involved in:

3.1 The destruction of the Heiner documents; and

3.2 The destruction, on 23 May 1990, of photocopies of certain statements which had originally been furnished to the Department of Family Services by the Queensland State Service Union on 10 October 1989.

4. It is open to conclude that an officer or officers of the Department of Family Services breached Section 55(1) of the Libraries and Archives Act 1988, by their conduct in:

4.1 Returning to the Queensland State Service Union, on 22 May 1990, original statements which had been furnished to the Department by the QSSU on 10 October 1989; and

4.2 Destroying photocopies of those statements on 23 May 1990.

5. It is open to conclude that an officer or officers of the Department of Family Services breached sub-section 92(1) of the Criminal Code, by

5.1 Their failure, in the period 18 January 1990 to 23 May 1990, to accede to Mr. Coyne's lawful requests to inspect records held by the Department on himself in accordance with Regulation 65 of the Public Service Management and Employment Regulations;

5.2 Their conduct in returning such documents to the Queensland State Service Union on 22 May 1990, with the intended consequence of preventing Mr. Coyne from exercising his rights under Regulation 65; and

5.3 Their conduct in causing the destruction of photocopies of the same documents on 23 May 1990, with the same intended consequence.

6. It is not open to conclude that any such offences were committed by the Crown Solicitor, or by any officer of the Grown Solicitor's Office.
7. In view of the fact that we have been denied access to relevant Cabinet documents we are unable to express a view - one way or the other - as to whether any such offences may have been committed by any member of State Cabinet in the period February to May, 1990.

Official Misconduct

8. It is open to conclude that "official misconduct", within the meaning of ss.31 and 32 of the Criminal Justice Act, was committed by an officer or officers of the Department of FS Services, in:

8.1 Denying Mr. Coyne's lawful right, under Reg. 65 of the Public Service Management and Employment Regulations, to peruse and obtain copies of departmental fires and records held on Mr. Coyne, and in responding to him and his representatives in a way which was "not honest" for the purpose of achieving delay pending the disposal of those documents;

8.2 Returning statements to the Queensland State Service Union on 22 May 1990 and

8.3 Destroying photocopies of those statements on 23 May 1990.

9. It is not open to conclude that any such "official misconduct" was committed by the Crown Solicitor, or by any officer of the Crown Solicitors Office.
10. In view of the fact that we have been denied access to relevant Cabinet records, we are unable to express any conclusion as to whether such "official misconduct" may have been committed by any member of State Cabinet in the period February to May, 1990.

Payment to Mr. Coyne

11. It is open to conclude that the payment of $27,190.00 to Mr. Coyne in February 1990:

11.1 Was illegal; and

11.2 involved the commission of an offence under section 204 of the Criminal Code, by the Minister and an officer or officers of the Department of Family Services who participated in the making of that payment.

12. It is not open to conclude:

12.1 That any other offence was committed by the Minister, or by any officer of the Department of Family Services, in connection with the making of that payment;

12.2 That any offence was committed by the Crown Solicitor, or any officer of the Crown Solicitor's Office, in connection with the making of that payment; or

12.3 That any offence was committed by Mr. Coyne, or by any person acting on his behalf, in connection with his seeking and receiving that payment.

13. It is, in our opinion, open to conclude that "official misconduct", within the meaning of ss.31 and 32 of the Criminal Justice Act, was committed by the Minister and an officer or officers of the Department of Family Services in connection with the making of the payment of $27,190.00 to Mr. Coyne, in that their conduct:

13.1 Constituted or involved the discharge of their functions or the exercise of their powers or authority, as holders of appointments in units of public administration,
in a manner that was not impartial;

13.2 Further or alternatively, constituted or involved a breach of the trust placed in
them by reason of their holding appointments in units of public administration

13.3 Constituted or could constitute a criminal offence under s.204 of the Criminal
Code; and

13.4 Except in the case of the Minister, constituted or could constitute a disciplinary breach providing reasonable grounds for termination of the officer's or officers' services in the Department of Family Services.

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