Pursuant to sections 25(2)(d) and 66 of the Criminal Justice Act 1989, on 18 November 1997 the Criminal Justice Commission (CJC) engaged JP Kimmins:
- to hold such public and/or private hearings as may seem appropriate in respect of allegations of official misconduct or misconduct on the part of police officers and/or official misconduct on the part of other public officials relevant to five specific terms of reference; and
- to report thereon to the Commission.
Accordingly, pursuant to section 25(2)(d) of the Criminal Justice Act, on 18 November 1997, the Chairperson of the CJC authorised JP Kimmins to conduct a hearing to investigate allegations of official misconduct or misconduct on the part of police officers and/or official misconduct on the part of other public officials relevant to five specific terms of reference.
1.1 That in the period to July 1988, then Commissioner of Police Terence Lewis kept files on suspected paedophile activity for blackmail purposes, and that these files reveal that subsequently such activity had not been subject to full investigation by the Queensland Police, or that any proper investigation of the files by police had been frustrated by other police or persons holding appointments in units of public administration.
1.2 That in the period September 1987 to July 1989, a police officer attached to the police task force of the Fitzgerald Commission of Inquiry, being not authorised to do so, removed from secure custody and copied files previously seized by Commission of Inquiry staff from safes then controlled by Mr Lewis. That a police officer then either copied the files and replaced them, or that he failed to replace them.
2.1 That in 1985, police investigations into the possible filming, in Brisbane, and distribution, in Brisbane, of a ‘snuff movie’ by a group of alleged paedophiles, were closed down improperly. That in 1985, police investigations into the possible importation into Queensland of Filipino boys, by a group of alleged paedophiles, for criminal purposes, were closed down improperly. That in the period 1976 to 1978, police investigations into the alleged paedophile activities of an individual were closed down improperly.
2.2 That in the period 1983 to 1988, police investigations into claims by prisoners that one Sam Pandeli had participated in the making of a number of ‘snuff movies’ in Queensland were not properly investigated due to the interference of senior police officers.
2.3 Whether in the period 1996 to 1997, the Queensland Police Service did properly investigate written claims by a prisoner that in 1992 he and other persons had filmed the rape and murder of a young girl.
3.1 That in the period 1 January 1989 to 31 December 1993, police impeded investigations into allegations of paedophilia.
3.2 That in the years 1989 and 1990, a person holding an appointment in a unit of public administration obstructed a police officer in his investigation of another person holding an appointment in the same unit of public administration, in relation to paedophilia.
3.3 That in the period 17 December 1984 to 28 November 1985, police impeded an inquiry by Mr D G Sturgess, QC into the sexual exploitation of children, which was the subject of a report published on 28 November 1985.
That since the early 1990s, in the Whitsunday area, police have protected paedophiles from detection and punishment.
5.1 Allegations or complaints by individuals made publicly, or directly or indirectly to the CJC, involving official misconduct in respect of investigations which relate to alleged paedophile activity by public officials.
5.2 Allegations or complaints made publicly, or directly or indirectly to the CJC, that in some individual cases, police and other persons holding appointments in units of public administration failed to adequately investigate, or covered up, allegations of paedophilia.