15mar02

PRIME Minister John Howard must sack Liberal powerbroker Bill Heffernan for his attack on High Court Justice Michael Kirby, Opposition leader Simon Crean has again argued.

"The real issue here is not to do with Justice Kirby, it's to do with Heffernan's abuse, (it's to do with) John Howard allowing him to perpetrate that abuse," Mr Crean told Channel Nine today.

"The prime minister must sack him."

Mr Crean said Senator Heffernan had defied the prime minister's advice not to abuse parliamentary privilege.

"That's the real basis upon which John Howard should sack him," Mr Crean said.

Senator Heffernan, a close ally of the prime minister, launched an attack on Justice Kirby in the Senate on Tuesday night, claiming he was unfit to sit on child sexual assault cases.

Senator Heffernan has refused to apologise for his claims that Justice Kirby had picked up rent boys in Sydney and wants his allegations fully examined by the NSW police.

Senator Heffernan has sent records of Commonwealth car dockets and a statutory declaration to NSW Police Commissioner Peter Ryan.

Justice Kirby, who is gay, has rejected Senator Heffernan's accusations as absurd.

Senator Heffernan has stood aside from his role as Cabinet secretary.

Asked if Justice Kirby also needed to stand aside while the claims were investigated, Mr Crean said there was no need because the allegations made by Senator Heffernan had previously been rejected.

Mr Crean said if Mr Howard failed to take action against Senator Heffernan it would indicate the prime minister condoned the action taken by his friend.

"If the prime minister fails to act you can only conclude that the prime minister is, by inaction, encouraging the perpetration of this outrageous slur and it's John Howard that wants this agenda running," he said.

Mr Crean also criticised Attorney-General Daryl Williams for failing to give his full support to Justice Kirby.

"We've seen the Attorney-General refuse to express confidence in a High Court judge," he said.

"This is an Attorney-General, in the past, who has been found wanting in terms of the backing of the High Court.

"This is not just an attack on a judge, it's also attacking the institutions of the nation."

Asked by the Opposition yesterday whether Justice Kirby had his complete confidence, Mr Williams told parliament that the judge enjoyed a fine legal reputation in Australia.

"While I understand the reaction, particularly within the legal profession, to Senator Heffernan's allegations, there can at the same time be no credible suggestion that the High Court as an institution is under challenge," he said.

"High Court judges have both the right and the ability to address any personal criticisms addressed against them."

Mr Crean said Justice Kirby had his full support and confidence.

"But the most important expression of that support must come from the Attorney-General and the Prime Minister," he said.