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40-521: The inquiry was established in response to a series of articles by reporter Phil Dickie in The Courier-Mail about high-level police corruption, followed by a Four Corners television report on the same issue by Chris Masters , entitled "The Moonlight State", which aired on 11 May 1987. Both investigations dealt with illegal prostitution and gambling aided by police corruption. With Queensland's Premier of 18 years, Joh Bjelke-Petersen, out of

80-456: A " mistrial ". A judge may declare a mistrial due to: Either side may submit a motion for a mistrial; on occasion, the presiding judge may declare one on a motion of their own. If a mistrial is declared, the case at hand may be retried at the discretion of the plaintiff or prosecution, as long as double jeopardy does not bar that party from doing so. Some other kinds of processes for resolving conflicts are also expressed as trials. For example,

120-608: A "Defining Moment". Folk singer John Dengate wrote the satirical song "The Queensland Policeman" about the inquiry. Phil Dickie Philip John Dickie OAM (born 1955) is an Australian journalist. Dickie commenced his journalism career with the Australian National University student newspaper Woroni , serving as editor while studying forestry, politics, economics, sociology and linguistics in Canberra . From 1982 until 1990, Dickie

160-407: A Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct, which would be presided over by judge Tony Fitzgerald . Dickie gave evidence during the inquiry. The inquiry's findings contributed to the collapse of Joh Bjelke-Petersen 's long serving government and resulted in four government ministers ( Leisha Harvey , Don Lane , Brian Austin and Geoff Muntz ) and

200-595: A company that he and his wife owned. In 2018, he became a partner and manager at Stylus Media and Design Sarl, a Swiss-based consultancy company. Dickie is also known for his involvement with the World Wide Fund for Nature . Dickie was awarded both the Gold Walkley for "Best Piece of Journalism Newspaper, Television or Print" and the Walkley Award for "Best Piece of Newspaper Reporting" at

240-411: A form of jury to offer advice to the magistrate or judge at the conclusion of the trial, their role is subordinate. Further, because a professional has been in charge of all aspects of the case to the conclusion of the trial, there are fewer opportunities to appeal the conviction alleging some procedural error. A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as

280-410: A former health minister, was charged with misappropriating of public funds as part of an investigation resulting from the findings of the inquiry. She spent one year in jail. Don Lane , a former transport minister, was sentenced to twelve months imprisonment for falsifying expense accounts. Lane's resignation resulted in the 1989 Merthyr state by-election . Brian Austin , another former health minister,

320-424: A jury led by Young Nationals member, Luke Shaw". A special prosecutor announced in 1992 there would be no retrial because Sir Joh, then aged 81, was too old. Jack Herbert had been the bagman , collecting bribes for police commissioner Terry Lewis from 1980. Lewis himself had been a bagman for former commissioner Francis Bischof . Lewis was convicted (and subsequently stripped of his knighthood ). Leisha Harvey ,

360-597: A period of just five years, Fitzgerald used his moral authority to expand the inquiry to examine any relevant matter. As a result, the terms of reference of the Commission were extended twice. That enabled Fitzgerald to set a precedent for commissions of inquiry and Royal Commissions in Australia generally, using innovative methods, such as indemnities from prosecution for key witnesses, to secure vital evidence. He began formal hearings on 27 July 1987. The inquiry

400-490: A person accused of a crime . In common law systems, most criminal defendants are entitled to a trial held before a jury. Because the state is attempting to use its power to deprive the accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are typically broad. The rules of criminal procedure provide rules for criminal trials. A civil trial is generally held to settle lawsuits or civil claims—non-criminal disputes. In some countries,

440-405: A trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court , and do not permit the introduction of new evidence. A criminal trial is designed to resolve accusations brought (usually by a government ) against

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480-406: Is a court . The tribunal, which may occur before a judge , jury , or other designated trier of fact , aims to achieve a resolution to their dispute. Where the trial is held before a group of members of the community, it is called a jury trial . Where the trial is held solely before a judge, it is called a bench trial . Hearings before administrative bodies may have many of the features of

520-435: Is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. Employment standards are social norms (in some cases also technical standards) for

560-571: The Criminal Justice Commission (CJC) and the Electoral and Administrative Review Commission which was to review electoral boundaries. The need for Freedom of Information legislation in the state was noted, as was the need to review laws relating to public assembly and guidelines for the disclosure of pecuniary interests of parliamentarians. The CJC was to be responsible for investigating specific individuals mentioned during

600-631: The United States Constitution requires that, following the impeachment of the president, a judge, or another federal officer by the House of Representatives , the subject of the impeachment may only be removed from office by an impeachment trial in the Senate . In earlier times, disputes were often settled through a trial by ordeal , where parties would have to endure physical suffering in order to prove their righteousness; or through

640-566: The 1987 Walkley Awards . In 2017, Dickie was named as a Queensland Great . He was awarded the Medal of the Order of Australia in the 2020 Australia Day Honours for his service to print journalism. Mistrial In law , a trial is a coming together of parties to a dispute , to present information (in the form of evidence ) in a tribunal , a formal setting with the authority to adjudicate claims or disputes. One form of tribunal

680-693: The Bjelke-Petersen government. Mike Ahern became the new Premier after Bjelke-Petersen was deposed by his own party. Evidence revealed by the investigation, including testimony from Bjelke-Petersen himself, caused significant political damage and led to a power struggle within the National Party . Bjelke-Petersen resigned as Premier after an unsuccessful attempt to have the Governor of Queensland sack all of his ministers after they had deposed him as party leader. The inquiry's special prosecutor

720-560: The Commissioner of the Queensland Police Force ( Terry Lewis ) being imprisoned. For evidence he gave to the inquiry, Bjelke-Petersen was also trialled for perjury but due to a deadlocked jury , it was deemed to be a mistrial . It was later discovered that the jury foreman was a Young Nationals member and was involved with the "Friends of Joh" movement. There was no retrial as by that time Bjelke-Petersen

760-533: The Queensland Police Force intentionally ignored. This prompted former police officer Nigel Powell to write to Dickie about what he knew. A series of ten newspaper articles about police corruption relating to vice and organised crime followed. ABC Television 's Four Corners subsequently broadcast a program by Chris Masters on 11 May 1987 entitled The Moonlight State about the same issue. Dickie's newspaper stories, combined with Masters' Four Corners exposé, prompted police minister Bill Gunn to announce

800-442: The evidence has been collected and the investigation is completed. Thus, most of the factual uncertainties will already be resolved, and the examining magistrate or judge will already have resolved that there is prima facie of guilt. Critics argue that the examining magistrate or judge has too much power with the responsibilities of both investigating and adjudicating on the merits of the case. Although lay assessors do sit as

840-425: The facts and interpretations of the law in a deliberately biased way. The intention is that through a process of argument and counter-argument, examination-in-chief and cross-examination , each side will test the truthfulness, relevancy, and sufficiency of the opponent's evidence and arguments. To maintain fairness, there is a presumption of innocence , and the burden of proof lies on the prosecution. Critics of

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880-581: The government can both sue and be sued in a civil capacity. The rules of civil procedure provide rules for civil trials. Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. When the dispute goes to a judicial setting, it is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings are governed by administrative law and auxiliarily by civil trial law. Labor law (also known as employment law)

920-670: The inquiry and the inquiry itself were depicted in the 1989 TV movie Police State by Chris Noonan . Bjelke-Petersen's trial was later the subject of a TV movie, Joh's Jury . Margot Hutcheson painted a picture of the inquiry, Wasn't the Fitzgerald Inquiry Fun? In 2009 as part of the Q150 celebrations, the Fitzgerald Inquiry was announced as one of the Q150 Icons of Queensland for its role as

960-484: The inquiry, but he refused on the basis that he was perceived to be too close to the government. Callinan recommended Fitzgerald as a suitable head. He also drafted the terms of reference for the inquiry and represented the Queensland Government before it. While the terms of reference were initially narrow, restricted only to the specific allegations raised against specific persons named in the media over

1000-468: The inquiry. The police culture of the state was also criticised. Aspects such as loyalty to fellow police officers, police not enforcing laws against other police, and failure to listen to whistle-blowers, were condemned because they led to misconduct, inefficiency and contempt for the justice system. Many of the inquiry's recommendations were implemented by Wayne Goss , the first Labor Party Premier of Queensland in 32 years. The investigation leading up to

1040-542: The inquiry. The jury in the case was deadlocked, bringing about a mistrial . In 1992, it was revealed that the jury foreman, Luke Shaw, was a member of the Young Nationals, was identified with the "Friends of Joh" movement, and had misrepresented the state of deliberations to the judge. According to an ABC TV analysis, "A later inquiry conducted by Justice Bill Carter found the selection process had been manipulated by ... ex-police officers ... helping to put Joh before

1080-415: The minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial). In common law systems, an adversarial or accusatory approach is used to adjudicate guilt or innocence . The assumption is that the truth is more likely to emerge from

1120-452: The open contest between the prosecution and the defense in presenting the evidence and opposing legal arguments, with a judge acting as a neutral referee and as the arbiter of the law. In several jurisdictions in more serious cases, there is a jury to determine the facts, although some common law jurisdictions have abolished the jury trial. This polarizes the issues, with each competitor acting in its own self-interest, and so presenting

1160-466: The responsibility for supervising the investigation by the police into whether a crime has been committed falls on an examining magistrate or judge who then conducts the trial. The assumption is that the truth is more likely to emerge from an impartial and exhaustive investigation, both before and during the trial itself. The examining magistrate or judge acts as an inquisitor who directs the fact-gathering process by questioning witnesses , interrogating

1200-444: The state, his deputy, Bill Gunn , ordered a commission of inquiry the day after the television report was broadcast. The allegations aired in the media were not new. They had surfaced from time to time and some news organisations had been forced to pay damages to aggrieved people who alleged their reputations had been damaged (Bjelke-Petersen himself was notoriously litigious in response to unfavourable press coverage). The government

1240-447: The suspect, and collecting other evidence. The lawyers who represent the interests of the state and the accused have a limited role to offer legal arguments and alternative interpretations to the facts that emerge during the process. All the interested parties are expected to cooperate in the investigation by answering the magistrate or judge's questions and, when asked, supplying all relevant evidence. The trial only takes place after all

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1280-409: The system argue that the desire to win is more important than the search for truth. Further, the results are likely to be affected by structural inequalities . Those defendants with resources can afford to hire the best lawyers . Some trials are—or were—of a more summary nature, as certain questions of evidence were taken as resolved (see handhabend and backberend ). In civil law legal systems,

1320-448: Was Doug Drummond QC. It was Drummond who decided not to retry Bjelke-Petersen after a hung jury had failed to convict him of corruption and perjury . Fitzgerald's report was submitted on 3 July 1989. As a result, a number of high-profile politicians were charged with crimes, and Queensland Police Commissioner Terry Lewis was charged with corruption. Bjelke-Petersen himself was put on trial for perjury in respect of evidence he gave to

1360-833: Was a journalist with The Courier-Mail and The Sunday Mail in Brisbane , during which time he uncovered high levels of corruption in the Queensland Police Force and the Queensland Government which led to the Fitzgerald Inquiry . For this work, Dickie won the Gold Walkley in 1987. On 12 January 1987, The Courier-Mail published a front page story, written by Dickie, about dozens of illegal brothels which were believed to be operating in South East Queensland which

1400-412: Was convicted of misappropriating public funds. Geoff Muntz was convicted of misappropriation of ministerial expense funds. The resignation of senior minister Russell Hinze , after damaging allegations were made against him during the inquiry, led to the 1988 South Coast state by-election . The Queensland Police Special Bureau was formed on 30 July 1940 and renamed Special Branch on 7 April 1948. It

1440-530: Was criticised for being used for political purposes by the Bjelke-Petersen government in the 1970s and 1980s, for example, enforcing laws against protests, sometimes outnumbering the protesters or using provocateurs to incite violence so the protesters could be arrested, and investigating and harassing political opponents. Following a recommendation by the Fitzgerald Inquiry, the Special Branch

1480-418: Was deemed to be too old. In 1988, Dickie authored the book The Road to Fitzgerald and Beyond and the revised 1989 edition The Road to Fitzgerald and Beyond . From 1990 until 1994, Dickie was a special advisor and research officer at the Criminal Justice Commission , which was established following the Fitzgerald Inquiry. From 1998 until 2008, Dickie was a consultant and director at Melaleuca Media,

1520-662: Was disbanded in 1989, having destroyed its records before Fitzgerald could subpoena them. In large part due to public anger over the revelations in the Fitzgerald report, the National Party was decisively defeated in the December 1989 state election , which brought the Australian Labor Party to power for the first time since 1957. The two most significant recommendations were the establishment of

1560-607: Was initially expected to last about six weeks; it instead spent almost two years conducting a comprehensive investigation of long-term, systemic political corruption and abuse of power in Queensland. Public sittings were held on 238 days, hearing testimony from 339 witnesses. On 28 August, a Licensing Branch sergeant, Harry Burgess confessed to corruption, and implicated Jack Herbert, and assistant commissioner Graeme Parker . In turn, Parker implicated police commissioner Terry Lewis on 16 September. The inquiry eventually outlived

1600-459: Was reported to have initially preferred District Court Judge Eric Pratt, chair of the controversial Police Complaints Tribunal and a close friend of Police Commissioner Lewis, to head the inquiry, which led to fears by journalists that it would be a whitewash . After consulting the legal profession, Attorney-General Paul Clauson opposed Pratt as unsuitable and he was removed from consideration. The government then approached Ian Callinan to head

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