Wednesday 21 April 2010 Media Release by Tony Zegenhagen
Queensland's Senate Team Leader for the DLP, Tony Zegenhagen warns that Prime Minister Kevin Rudd's political future remains at risk from the Heiner Affair.
Queensland retired magistrate the late Noel Heiner was appointed in 1989 by the last National Party Government under Russell Cooper to investigate allegations of child abuse and mismanagement at the John Oxley Youth Detention Centre.
Wayne Goss became ALP Premier of Queensland on 2 December 1989, and appointed Kevin Rudd his Chief of Staff. On 5 March 1990, the Queensland Cabinet ordered the destruction of evidence collected by Noel Heiner, including documents relating to child abuse at John Oxley.
Section 129 of the Queensland Criminal Code Act (1899) states: Damaging evidence with intent A person who, knowing something is or may be needed in evidence in a judicial proceeding, damages it with intent to stop it being used in evidence, commits a misdemeanour. Maximum ;penalty - 3 years imprisonment,.
Queenslander, Kevin Lindeberg, was sacked from his job as a Public Sector Trade Union organiser for his efforts to preserve the Heiner documents. He continues to pursue justice for a Queensland woman who as a fourteen-years-old inmate of John Oxley was allegedly gang raped while on a supervised outing. Mr Lindeberg has been supported in this honourable endeavour by David Rofe QC who has assembled a nine-volume audit of the case, including details of sixty-eight prima facie charges which in Mr Rofe's view could be brought against former and current public officials.
"The DLP believes that no-one should be above the Law," said Tony Zegenhagen. "That includes a former Premier of Queensland and a former Premier's Chief of Staff who is now Prime Minister. It is hard to avoid the suspicion that someone in authority formed the opinion that it is somehow less important to investigate a crime against a child because of her indigenous background. Decent Queenslanders would find any such attitude disgusting and repulsive."
"The correctional system exists to carry out detention imposed by the Courts. It is imperative that the correctional system protect all inmates - without discrimination - against any kind of arbitrary or random additional punishment. Our constant aim must be to make the correctional system free from all kinds of assault, especially rape."
News Limited Journalist Piers Akerman reported on 15 November 2008 that Prime Minister Rudd refused a 10 June 2008 request by then Governor-General Major General Michael Jeffery for an investigation into the Heiner scandal. This request was in response to a 30 May 2008 submission by Kevin Lindeberg to the Governor-General, with a copy to Her Majesty the Queen.
According to Mr Zegenhagen, Queenslanders deserve a full disclosure regarding the destruction of evidence in the Heiner Affair. "We deserve to know the full story now, well before the Federal Election. If the cover-up continues, I undertake to move for a Senate Inquiry into the Heiner Affair as soon as I take my seat in the Senate."
For interviews please telephone Tony Zegenhagen on 0415 459 322.
Kevin Lindeberg is not a member of any political party. He can be contacted through Tony Zegenhagen.
Important Link:
“Where Best Practice Recordkeeping Ends, Corruption Begins: The Heiner Affair.” Article by Kevin Lindeberg in the Information & Records Management Annual, 2009.
