17mar02

OPPOSITION leader Simon Crean has demanded Prime Minister John Howard explain why he read a letter from Liberal Senator Bill Heffernan containing more claims against a high court judge in parliament last week.

The Prime Minister read the letter, which contained allegations against High Court Justice Michael Kirby not previously aired by Senator Heffernan, in parliament last Wednesday.

"He's read out a letter with allegations that Heffernan had not mentioned, then fled the country and won't face parliamentary inquiries next week," Mr Crean said.

Mr Howard is due to depart for Britain tomorrow to discuss sanctions against Zimbabwe after the re-election of president Robert Mugabe.

Although Mr Howard's business in Britain was important, it would not have been necessary if he had taken a tougher stance at the recent Commonwealth Heads of Government Meeting (CHOGM) in Coolum, Mr Crean said.

Earlier today, Greens leader Bob Brown said he had received legal opinion from Victorian barrister Brian Walters SC which showed Mr Howard had abused parliamentary privilege in reading the letter.

Senator Brown said Mr Howard had gone further than Senator Heffernan and broken parliament's rules.

"I think it is very important that the citizens understand that this is not a debate about the standards of the judge as such, it is about upholding the standards of the nation," Senator Brown said.

"The prime minister quite clearly was acting from a political motive."

Mr Walters told reporters "the rule is that the parliament should never be used for an attack on the judiciary and there is no question that that is what happened on Wednesday last".

Senator Brown said he would send Mr Walters' opinion to all House Of Representatives Labor and independent MPs.

It was up to them to decide whether to seek to have Mr Howard referred to parliament's privileges committee for a breach of privilege.

Mr Crean also called for Mr Howard to sack Senator Heffernan for abusing parliamentary privilege.

Senator Heffernan, who last week resigned as parliamentary secretary, attacked Justice Kirby under parliamentary privilege, claiming he had picked up young male prostitutes in his Commonwealth car and was unfit to judge child sex cases.

Mr Crean said Senator Heffernan's allegations had already been investigated and dismissed by relevant authorities and was therefore an abuse of privilege.

"It's an outrageous abuse of parliamentary privilege," he said.

Mr Crean said Mr Howard had also warned Senator Heffernan not to raise the allegations in the Senate.