Police wait on Kirby papers

NSW police were still waiting last night for material from prominent Liberal senator Bill Heffernan backing his call for a fresh investigation of his sensational allegation that High Court Justice Michael Kirby was unfit to sit on child sex abuse cases because of his associations with young males.

Police sources told The Australian that documentation Senator Heffernan had told the Senate yesterday afternoon was on its way to NSW Police Commissioner Peter Ryan had not been sighted by 9pm.

Earlier, the Senate passed a motion calling upon Senator Heffernan to apolgise for his Tuesday attack on Justice Kirby.

Police are anxious to establish whether Senator Heffernan's material is substantially different from his complaint against Justice Kirby in early 1998 which, said NSW Police Minister Michael Costa, "did not warrant the laying of any charges".

The sources said senior police would be "disinclined" to launch a another formal investigation without fresh material.

Senator Heffernan told the Senate in mid-afternoon he had sent documents in support of his allegations to Mr Ryan.

"I advise the Senate that in response to an invitation from the NSW Police Service, I have today forwarded to Police Commissioner Peter Ryan material I believe should be taken into account in a further assessment of the matter in question," he said.

"This material includes Comcar records and a statutory declaration. In addition I also remain willing to fully co-operate with any police inquiry ... it is not something I've done lightly, but I believe it is extremely important that all the issues involved be fully tested."

Labor, the Democrats and Greens joined forces yesterday in the Senate to demand that Senator Heffernan apologise -- to Justice Kirby, to High Court Chief Justice Murray Gleeson and to the chamber itself -- for breaching standing orders by criticising a member of the judiciary,

Senator Heffernan, who stood down on Wednesday as cabinet secretary to await the result of his demand for a fresh police inquiry, was further embarrassed yesterday by the failure of a NSW colleague, Senator Marise Payne, to vote in support of him with the rest of the Coalition.

On Tuesday evening, Senator Heffernan identified Justice Kirby as not being "fit a proper" to sit in judgment on child sex offenders and accused him of using a commonwealth car to "trawl for rough trade" among rent boys in Sydney's Darlinghurst.

Justice Kirby, a declared homosexual, denied as "false and absurd" Senator Heffernan's "homophobic accusations".

Senator Heffernan last night did not respond to questions about whether he would honour the Senate's call for an apology. Clerk of the Senate Harry Evans told The Australian the Senate had no sanction available if it was ignored.

John Howard, who counts Senator Heffernan as a trusted friend and political fixer, dismissed as politically partisan the Senate motion.

"You would expect the Senate to do that. The Senate is dominated by anti-Coalition senators," the Prime Minister said.

Labor's Senate leader John Faulkner said the material should have been sent to the police before making the accusations in the Senate.

SENATOR Payne refused to explain publicly her failure to vote with her Coalition colleagues in the Senate.

MR HOWARD had to defend himself against charges that Senator Heffernan's speech showed the Government was ill-disciplined; and

ATTORNEY-GENERAL Daryl Williams refused to express confidence in the High Court judge at the centre of Senator Heffernan's damaging allegations.

Fending off criticisms that he had failed to defend the judiciary from Senator Heffernan's damaging allegations, Mr Williams said in a statement that he understood the reaction from the legal profession. But "there can be no credible suggestion that the High Court, as an institution, is under challenge," he continued.

Invited by Opposition legal spokesman Robert McClelland to express his confidence in Justice Kirby, Mr Williams only repeated his previous comments.

During question time in the House of Representatives, Simon Crean repeatedly asked the Prime Minister what he knew in advance of Senator Heffernan's determination to make his speech on Tuesday evening.

But Mr Howard refused to provide any fresh information, referring the Labor leader to his earlier comments.


	Government News Index site index HOME Police wait on Kirby papers By IAN HENDERSON and MARTIN CHULOV The Australian 15mar02 NSW police were still waiting last night for material from prominent Liberal senator Bill Heffernan backing his call for a fresh investigation of his sensational allegation that High Court Justice Michael Kirby was unfit to sit on child sex abuse cases because of his associations with young males. Police sources told The Australian that documentation Senator Heffernan had told the Senate yesterday afternoon was on its way to NSW Police Commissioner Peter Ryan had not been sighted by 9pm. Earlier, the Senate passed a motion calling upon Senator Heffernan to apolgise for his Tuesday attack on Justice Kirby. Police are anxious to establish whether Senator Heffernan's material is substantially different from his complaint against Justice Kirby in early 1998 which, said NSW Police Minister Michael Costa, "did not warrant the laying of any charges". The sources said senior police would be "disinclined" to launch a another formal investigation without fresh material. Senator Heffernan told the Senate in mid-afternoon he had sent documents in support of his allegations to Mr Ryan. "I advise the Senate that in response to an invitation from the NSW Police Service, I have today forwarded to Police Commissioner Peter Ryan material I believe should be taken into account in a further assessment of the matter in question," he said. "This material includes Comcar records and a statutory declaration. In addition I also remain willing to fully co-operate with any police inquiry ... it is not something I've done lightly, but I believe it is extremely important that all the issues involved be fully tested." Labor, the Democrats and Greens joined forces yesterday in the Senate to demand that Senator Heffernan apologise -- to Justice Kirby, to High Court Chief Justice Murray Gleeson and to the chamber itself -- for breaching standing orders by criticising a member of the judiciary, Senator Heffernan, who stood down on Wednesday as cabinet secretary to await the result of his demand for a fresh police inquiry, was further embarrassed yesterday by the failure of a NSW colleague, Senator Marise Payne, to vote in support of him with the rest of the Coalition. On Tuesday evening, Senator Heffernan identified Justice Kirby as not being "fit a proper" to sit in judgment on child sex offenders and accused him of using a commonwealth car to "trawl for rough trade" among rent boys in Sydney's Darlinghurst. Justice Kirby, a declared homosexual, denied as "false and absurd" Senator Heffernan's "homophobic accusations". Senator Heffernan last night did not respond to questions about whether he would honour the Senate's call for an apology. Clerk of the Senate Harry Evans told The Australian the Senate had no sanction available if it was ignored. John Howard, who counts Senator Heffernan as a trusted friend and political fixer, dismissed as politically partisan the Senate motion. "You would expect the Senate to do that. The Senate is dominated by anti-Coalition senators," the Prime Minister said. Labor's Senate leader John Faulkner said the material should have been sent to the police before making the accusations in the Senate. In other developments yesterday: SENATOR Payne refused to explain publicly her failure to vote with her Coalition colleagues in the Senate. MR HOWARD had to defend himself against charges that Senator Heffernan's speech showed the Government was ill-disciplined; and ATTORNEY-GENERAL Daryl Williams refused to express confidence in the High Court judge at the centre of Senator Heffernan's damaging allegations. Fending off criticisms that he had failed to defend the judiciary from Senator Heffernan's damaging allegations, Mr Williams said in a statement that he understood the reaction from the legal profession. But "there can be no credible suggestion that the High Court, as an institution, is under challenge," he continued. Invited by Opposition legal spokesman Robert McClelland to express his confidence in Justice Kirby, Mr Williams only repeated his previous comments. During question time in the House of Representatives, Simon Crean repeatedly asked the Prime Minister what he knew in advance of Senator Heffernan's determination to make his speech on Tuesday evening. But Mr Howard refused to provide any fresh information, referring the Labor leader to his earlier comments. Index